Commission backs Tusk as he vows no compromise in court showdown

The European Commission has reiterated that Poland’s parliament must have the right to appoint new judges, lending support to Polish Prime Minister Donald Tusk in an escalating confrontation over the country’s Constitutional Tribunal.

The dispute pits Tusk’s government against President Karol Nawrocki over efforts to reverse judicial changes introduced by the nationalist Law and Justice (PiS) government between 2015 and 2023, which drew condemnation from European courts over concerns about judicial independence.

Nawrocki, elected with PiS backing in 2025, has refused to swear in some Tribunal judges elected by the current parliamentary majority, while the court’s PiS-linked leadership has prevented them from working.

The Commission said it was closely monitoring developments and, in a carefully worded statement to POLITICO, appeared to show support for Tusk’s position.

“The Polish Constitutional Tribunal needs to be able to function in accordance with the Polish constitution and the case law of the Court of Justice of the EU,” Commissioner for Democracy, Justice and the Rule of Law Michael McGrath said.

“This matters for every Polish citizen, and it is for the Polish authorities to ensure that,” McGrath added, stating that “the Venice Commission has been clear that appointing the new judges lies within the power of the Sejm [Poland’s lower house of parliament].”

Polish Prime Minister Donald Tusk vowed Saturday night not to back down on the dispute. “In some matters there can be no compromise,” Tusk said in an address to the nation, comparing calls for reconciliation to a thief demanding to keep half the contents of a stolen handbag.

“We have waited too long for the treasure of an independent, democratic Poland to be frightened into retreat,” Tusk said.

The prime minister also targeted Nawrocki, who turned his plane around mid-flight en route to Senegal and returned to Warsaw, where he pushed his way into the Tribunal shortly after midnight Saturday, confronting judges challenging its leadership.

“In a state governed by the rule of law, a politician cannot enter a court or tribunal and give orders or intimidate judges, even if he is the president,” Tusk said.

He pledged to ensure the Tribunal could operate independently and safely.

In his statement to POLITICO, McGrath stopped short of endorsing Friday’s suspension of Tribunal President Bogdan Święczkowski and his deputy Bartłomiej Sochański, a move that triggered the latest spat.

Judge Anna Korwin-Piotrowska, taking charge of the Tribunal, suspended Święczkowski and Sochański after they blocked judges elected by the Tusk-led parliamentary majority from work for months.

Nawrocki denounced the move as an unlawful takeover and held talks with parliamentary leaders Saturday, boycotted by Tusk’s Civic Coalition and its government ally, the New Left.

Korwin-Piotrowska has convened an assembly of Tribunal judges for Tuesday, potentially setting up another confrontation over who controls the court.