In Poland, the power struggle between the center-left government of Prime Minister Donald Tusk and the right-wing conservative President Karol Nawrocki is coming to a head. Specifically, it concerns the Constitutional Court and the appointment of judges. Now the EU Commission has intervened and is supporting the Polish government.
Reference to expert advice
Justice Commissioner Michael McGrath recalled the statements of a Council of Europe expert commission in the Polish media. According to this, the Polish House of Representatives is responsible for appointing new constitutional judges. McGrath thereby indirectly denied Nawrocki the right to prevent the appointment of new judges.
The Polish state authorities must ensure that the country's highest court is able to "work in accordance with the Polish constitution and the case law of the Court of Justice of the European Union," said McGrath. Poland's citizens expected and deserved "full respect for the rule of law."
Support also from former court presidents
Support for Tusk also comes from four former presidents of the Polish Constitutional Court. In a jointly released statement, they wrote that Nawrocki's actions were an "unprecedented violation of the court's autonomy" and did not contribute to resolving the conflict.
"The judges lawfully appointed to the Constitutional Court by Parliament have taken the necessary measures to restore the functions and status of this state institution, which is crucial for the rule of law and for the protection of civil rights and freedoms," the letter says.
Nawrocki refused to be sworn in
Specifically, the dispute is about which judges are legitimate members of the Constitutional Court and about the position of court president. The Tusk coalition elected eight new constitutional judges in parliament. But Nawrocki refused to swear in five of them.
With the support of the government, they then took their oath before Parliament Speaker Wlodzimierz Czarzasty.
Protests in front of the courthouse
The argument escalated on Friday. The trigger was an announcement on the website of the Constitutional Court. It said that the previous President Bogdan Swieczkowski and his deputy had been temporarily relieved of their functions. Instead, judge Anna Korwin-Piotrowska will lead the court.
There were then protests in front of the building by supporters of the right-wing conservative PiS party and other right-wing forces. On Saturday night, Nawrocki tried to gain access to the Constitutional Court and pushed a judge down.
Tusk then said in a televised speech that the rule of law differs "from the law of the jungle in that muscle and impudence do not decide who is right." He also accused the PiS of an attack on democracy and the rule of law. "For years there have been organizations and politicians in Poland who want to destroy democracy and the rule of law," said Tusk.
ECJ: Constitutional Court not independent under PiS
The right-wing conservative PiS, which ruled the country from 2015 to 2023, has filled the court with judges who are politically close to it. The ECJ ruled at the time that the Polish Constitutional Court could not be considered independent and impartial due to serious deficiencies in the appointment of its judges and the then president under the aegis of the PiS.
Since the change of government in autumn 2023, Tusk's center-left coalition has been trying to fill vacant positions for constitutional judges.
