Polish Prime Minister Donald Tusk has called on President Karol Nawrocki to confirm the judges elected by parliament to the Constitutional Tribunal, as the country's judicial crisis continues to escalate. In a social media post on Monday, Tusk argued that the conflict could be resolved without constitutional amendments, simply by the president recognising the judges "lawfully elected by the Sejm," as required by the constitution.
Tusk accused Nawrocki of "opting for a forceful confrontation, which could cost Poland dearly." The prime minister's remarks come after a weekend of heightened tensions, with protesters and riot police facing off outside the Tribunal following the suspension of its president. Nawrocki cut short a trip from Senegal to return to Warsaw as the situation unfolded.
A decade-long standoff
The current crisis is the latest chapter in a dispute that has simmered since 2015, when the previous Law and Justice (PiS) government appointed politically aligned judges to the Constitutional Tribunal. Those appointments have never been recognised by Tusk's government nor by the European Union, which has repeatedly raised concerns about the rule of law in Poland.
Since returning to power in 2023, Tusk has vowed to resolve the crisis, but the nationalist opposition retains control of the court. While parliament has elected new judges, not all have been allowed to take their oath before the president, leaving the Tribunal's composition and legitimacy in question.
On Friday night, police were deployed around the Tribunal as judicial and political authorities took steps affecting its leadership. Conservative demonstrators and members of Poland's right-wing and far-right opposition branded the government's actions a "coup d'etat," while the pro-European ruling coalition insisted the measures were necessary to uphold the rule of law.
On Saturday, Nawrocki held talks with political leaders, but these produced no major breakthrough. The president has so far declined to confirm the judges, arguing that their election was flawed.
European Commission weighs in
The European Commission has been closely monitoring the situation. A spokesperson told Euronews that it is for the Polish authorities to ensure the Constitutional Tribunal functions in accordance with the Polish constitution and the case law of the Court of Justice of the European Union. The spokesperson added that the appointment of eight new members of the Tribunal lies within the constitutional power of the Sejm.
The standoff has drawn attention beyond Poland's borders, with some European politicians wading into the debate. Earlier, French far-right leader Marine Le Pen faced a sharp rebuke from Warsaw after commenting on the crisis, highlighting the broader European dimension of the dispute.
The crisis also raises questions about the independence of Poland's judiciary, a key issue in the EU's ongoing scrutiny of the country's rule-of-law standards. The European Commission has previously linked the release of recovery funds to judicial reforms, making the resolution of this conflict crucial for Poland's access to EU funding.
As the standoff continues, Tusk's call for Nawrocki to confirm the judges is seen as a test of whether the president is willing to de-escalate or whether the confrontation will deepen. The coming days are likely to be decisive for the future of the Constitutional Tribunal and Poland's relationship with the EU.
