EU Commission backs Polish Sejm's right to appoint Constitutional Tribunal judges

Poland's constitutional crisis sharpened over the weekend after a live-televised confrontation outside the Constitutional Tribunal building on Friday night, with the European Commission weighing in on Saturday to back the Sejm's authority to fill the court.

A Commission spokesperson told Euronews that appointing the eight new members of the Constitutional Tribunal "lies within the constitutional power of the Sejm, Poland's parliament," while adding that it was for Polish authorities to ensure the Tribunal functions in line with the Polish constitution and relevant Court of Justice of the European Union case law.

The spokesperson also pointed to a European Court of Human Rights ruling of 5 May 2024, which issued interim measures requiring competent Polish authorities to refrain from blocking the eight judges — appointed by the Sejm in March 2024 — from taking up their duties.

President Karol Nawrocki had attempted to enter the Tribunal building on Friday amid the deadlock, with police surrounding the scene as events unfolded on national television.

Prime Minister Donald Tusk addressed Poles in a televised speech on Saturday evening, calling Friday's events "scandalous incidents" and pledging that restoring calm could not mean accepting lawlessness or violence. "A democratic state has to be strong and capable of enforcing justice," he said.

The European Conservatives and Reformists co-chair Nicola Procaccini condemned the government's conduct as "a clear and grave violation of the rule of law" and called on European institutions not to avert their eyes. The opposition accuses Tusk's government of attempting a coup; Tusk says he is reversing years of judicial interference by the Law and Justice party.