EU Commission backs Polish parliament’s right to appoint judges
The European Commission said Poland’s parliament has constitutional authority to appoint eight new members of the Constitutional Tribunal, while urging Polish…
The European Commission said Poland’s parliament has the constitutional right to appoint eight new members of the Constitutional Tribunal, amid a deepening dispute over the court’s composition. The EU executive is closely monitoring the crisis after a confrontation outside the tribunal building on Friday night.
The clash, broadcast live on television, has sharpened a stand-off between President Karol Nawrocki and Prime Minister Donald Tusk’s government over appointments to the country’s top court. The dispute also puts renewed focus on whether judges appointed by parliament can take up and carry out their duties.
A Commission spokesperson said Polish authorities must ensure the tribunal functions under the country’s constitution and relevant case law from the Court of Justice of the European Union. The spokesperson also said the appointment of eight new tribunal members “lies within the constitutional power of the Sejm, Poland's parliament.”
The position matters because the appointments sit at the center of a prolonged contest over judicial independence. The Commission’s statement recognizes the Sejm’s constitutional role while placing responsibility on Polish authorities to ensure the court can operate under the applicable legal framework.
What did the EU say about the appointments?
The European Commission said the Sejm has constitutional authority to appoint the eight members. It also cited an interim measure issued by the European Court of Human Rights on 5 May 2026.
The measure required Polish authorities “to refrain from hindering the taking up and exercise of judicial duties by judges appointed by the Sejm in March 2026,” the Commission spokesperson said. The statement connects the current dispute to the practical ability of appointed judges to perform their work.
The confrontation escalated Friday night, when President Nawrocki attempted to enter the tribunal building amid the deadlock over new judges. Police surrounded the building as the dispute unfolded on live television.
It was a public flashpoint. The episode gave a visible form to disagreements over who has authority in the appointments process and how the tribunal should function.
Tusk vows to restore rule of law
Prime Minister Donald Tusk addressed the country in a televised speech on Saturday evening, his first major response to the crisis. He called Friday’s events “scandalous incidents” and said he hoped such scenes would not happen again in Poland.
Tusk said restoring calm could not mean accepting lawlessness or violence. He vowed to restore the conditions needed for independent justice and the rule of law.
“A democratic state has to be strong and capable of enforcing justice,” Tusk said, adding that the rule of law would prevail over violence.
His government says it is advancing long-needed reforms to restore the rule of law after what it describes as years of interference in the judiciary by the Law and Justice party, known as PiS. The opposition, in turn, accuses Tusk’s government of attempting a coup.
Opposition and EU conservatives condemn government
The co-chairs of the European Conservatives and Reformists group condemned the government’s actions on Saturday and backed President Nawrocki. The group described the actions as a violation of the rule of law.
“The Tusk government's actions constitute a clear and grave violation of the rule of law. We condemn this attack on judicial independence and Poland's constitutional safeguards. No government stands above the law,” ECR co-chair Nicola Procaccini said.
Procaccini also said European institutions “must not avert their eyes.” He argued that national sovereignty and judicial independence should be respected as principles, regardless of political alliances.
The dispute over the tribunal’s legitimacy has lasted more than a decade. It dates back to 2015, when the then-governing Civic Platform and the opposition Law and Justice party clashed over the appointment of five judges. The conflict has since widened to encompass the tribunal’s composition, judicial independence and the authority of its rulings.
