EU Commission: Polish Parliament has right to appoint judges to the Constitutional Court

The European Commission said on Saturday it was closely monitoring the crisis surrounding Poland’s Constitutional Tribunal, following a confrontation outside the court building on Friday night that was broadcast live on television. The incident has brought renewed attention to a dispute that has been ongoing for more than a decade.

“It is for the Polish authorities to ensure that the Constitutional Tribunal can function in accordance with the Polish constitution and in respect of the relevant case law of the Court of Justice of the European Union,” a Commission spokesperson told Euronews on Saturday.

“The appointment of eight new members of the Constitutional Tribunal lies within the constitutional power of the Sejm, Poland’s parliament,” the spokesperson added.

The Commission spokesperson also pointed to a ruling by the European Court of Human Rights, which on 5 May 2026 issued interim measures requiring the competent Polish authorities “to refrain from hindering the taking up and exercise of judicial duties by judges appointed by the Sejm in March 2026”.

Tusk: “Restoring calm does not mean accepting lawlessness”

Prime Minister Donald Tusk addressed Poles in a televised speech on Saturday evening, in his first major response to the crisis. He described Friday’s events as “scandalous incidents” and said he hoped such scenes would never be repeated in Poland.

Restoring calm could not mean accepting lawlessness or violence, Tusk said, as he vowed to restore conditions for independent justice and rule of law.

“A democratic state has to be strong and capable of enforcing justice,” he added, vowing that the rule of law would prevail over violence.

The crisis escalated on Friday night when President Karol Nawrocki attempted to enter the Tribunal building amid a deadlock over the appointment of new judges.

Police surrounded the building as the confrontation unfolded live on television, highlighting the growing stand-off between the president and the government over the composition of the country’s top court.

The Tusk government says it is pushing ahead with long-needed reforms to restore the rule of law after years of what it describes as interference in the judiciary by the Law and Justice (PiS) party. The opposition accuses Tusk’s government of attempting a coup.

European conservatives accuse EU of silence

The co-chairs of the European Conservatives and Reformists (ECR) group on Saturday condemned the Polish government’s actions, describing them as a violation of the rule of law, and backed President Nawrocki.

“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.

He added that European institutions “must not avert their eyes” and said respect for national sovereignty and judicial independence must remain a matter of principle, “unaffected by political alliances”.

The Tribunal’s legitimacy has been contested for more than a decade. The dispute dates back to 2015, when the then-governing Civic Platform and the opposition Law and Justice party clashed over the appointment of five judges.

It has since developed into a wider conflict over judicial independence, the Tribunal’s composition and the authority of its rulings.