The European Commission has said Poland’s parliament has the constitutional authority to appoint members of the country’s Constitutional Tribunal, as tensions over the court’s composition escalate following a confrontation involving President Karol Nawrocki outside the court building.
In a statement on Saturday, the Commission said it was closely monitoring the situation after Friday night’s incident, which was broadcast live on television and brought renewed attention to a judicial dispute that has divided Poland 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.
The spokesperson also clarified that the appointment of eight new members of the Constitutional Tribunal falls within the constitutional powers of the Sejm, Poland’s parliament.
The Commission referred to an interim measures decision issued by the European Court of Human Rights on 5 May 2026. The ruling required the relevant Polish authorities to refrain from obstructing judges appointed by the Sejm in March 2026 from taking up and carrying out their judicial duties.
The Commission’s comments come amid growing political tensions between the government of Prime Minister Donald Tusk and President Nawrocki over the appointment of judges and the future direction of Poland’s highest constitutional court.
Tusk addressed the country in a televised speech on Saturday evening, describing the events outside the Tribunal as “scandalous incidents”. He said he hoped such scenes would not happen again and stressed that efforts to restore calm should not come at the expense of the law.
“Restoring calm does not mean accepting lawlessness,” the prime minister said, while pledging to restore the conditions necessary for an independent judiciary and respect for the rule of law.
He also argued that a democratic state must be strong enough to enforce justice, adding that the rule of law would prevail over violence.
The latest confrontation took place on Friday night when President Nawrocki attempted to enter the Constitutional Tribunal building as the disagreement over the appointment of new judges continued. Police surrounded the building during the incident, which was broadcast live and exposed the deepening stand-off between the presidency and the government.
The Tusk administration maintains that its judicial reforms are necessary to address years of political interference in the judiciary under the previous Law and Justice (PiS) government. The opposition, however, has accused the current government of attempting to carry out a coup, reflecting the sharply divided political positions surrounding the Tribunal.
The dispute has also drawn criticism from European conservatives, with senior figures in the European Conservatives and Reformists (ECR) group accusing the Tusk government of undermining the rule of law and expressing support for President Nawrocki.
ECR co-chair Nicola Procaccini condemned the government’s actions, describing them as a serious violation of judicial independence and Poland’s constitutional safeguards.
“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,” Procaccini said.
He also called on European institutions not to ignore the situation, arguing that national sovereignty and judicial independence should be respected regardless of political alliances.
The confrontation is the latest development in a long-running dispute over the legitimacy and composition of Poland’s Constitutional Tribunal. Its origins date back to 2015, when the then-governing Civic Platform and the opposition Law and Justice party became locked in a dispute over the appointment of five judges.
What began as a disagreement over judicial appointments has since developed into a much wider political and constitutional conflict. Questions surrounding the Tribunal’s independence, the legitimacy of its members and the authority of its decisions have remained central to Poland’s political debate.
The European Commission’s latest intervention adds another dimension to the dispute, placing renewed attention on the responsibility of Polish authorities to ensure that the Tribunal operates within the country’s constitution and European legal standards.
With the government, presidency and opposition maintaining sharply different positions, the struggle over the court remains a significant test for Poland’s judicial institutions and its commitment to the rule of law.
