EU Commission: Polish Parliament Has Right to Appoint Constitutional Court Judges

The European Commission announced it is closely following the crisis in Poland concerning the appointment of judges to the Constitutional Tribunal. Following a live televised confrontation outside the court building on Friday night, the Commission emphasized that the Polish Parliament (Sejm) has the constitutional power to appoint judges to the Constitutional Tribunal.

The Commission stated that it is up to the Polish authorities to ensure the Constitutional Tribunal functions in accordance with the Polish constitution and relevant European Court of Justice case law. This incident has brought renewed attention to a decade-long dispute within the broader European political debate.

Highlights

• The European Commission affirmed the Polish Parliament's constitutional right to appoint judges to the Constitutional Tribunal.
• The crisis escalated with a live televised confrontation outside the court building on Friday night.
• Polish Prime Minister Donald Tusk described the events as "scandalous" and vowed to restore the rule of law.
• The European Court of Human Rights had previously issued interim measures requesting Polish authorities not to hinder judges appointed in March 2026 from taking up their duties.
• Opposition parties accuse the Tusk government of attempting to undermine judicial independence.

Details

A spokesperson for the European Commission stated on Saturday that the appointment of eight new members to the Constitutional Tribunal falls within the constitutional power of the Sejm, Poland's parliament. The spokesperson also referred to a ruling by the European Court of Human Rights on May 5, 2026, which issued interim measures requiring Polish authorities to refrain from hindering judges appointed by the Sejm in March 2026 from exercising their judicial duties.

Polish Prime Minister Donald Tusk addressed the nation in a televised speech on Saturday evening, calling Friday's events "scandalous incidents" and expressing hope that such scenes would not be repeated. Tusk vowed to restore conditions for independent justice and the rule of law. The crisis escalated when President Karol Nawrocki attempted to enter the Tribunal building amidst a deadlock over new judicial appointments, with police surrounding the building.

The Tusk government claims it is pushing for long-needed reforms to restore the rule of law after years of alleged interference in the judiciary by the Law and Justice (PiS) party. However, the opposition accuses Tusk's government of attempting a coup. The co-chairs of the European Conservatives and Reformists (ECR) group also condemned the Polish government's actions on Saturday, describing them as a violation of the rule of law and backing President Nawrocki.

Why it matters

This incident has reignited a more than decade-long dispute in Poland over judicial independence and the composition of the Constitutional Tribunal. The statements from the European Commission and the European Court of Human Rights indicate that Poland's internal political struggles are being closely monitored at the European level, highlighting the importance of rule of law principles for the European Union. The resolution of this crisis is crucial for Poland's relations with the EU and the functioning of democratic institutions within the country, as the rule of law and judicial independence are considered fundamental values of the EU.