European Commission Backs Polish Parliament’s Authority to Appoint Constitutional Judges

OPA WIRE, Nov 1 (OPA) — The European Commission confirmed on Saturday that the appointment of eight new members to Poland’s Constitutional Tribunal falls within the constitutional mandate of the Sejm. A spokesperson stated that Polish authorities must ensure the Tribunal functions in alignment with the national constitution and European Union case law. This intervention follows a confrontation on Friday night, broadcast live, where President Karol Nawrocki attempted to enter the court building amid an ongoing deadlock over judicial appointments.

Prime Minister Donald Tusk addressed the nation on Saturday, labeling the Friday night incident as scandalous. Tusk vowed to restore independent justice, asserting that a democratic state must enforce the rule of law. The European Court of Human Rights previously issued interim measures on May 5, 2026, directing Polish authorities to allow judges appointed by the Sejm in March 2026 to exercise their judicial duties without interference.

The current crisis represents a significant escalation in a decade-long dispute over the composition and legitimacy of Poland’s top court. The Tusk government maintains that its reforms are necessary to reverse years of judicial interference by the Law and Justice (PiS) party. Conversely, the opposition has characterized the government's actions as an attempted coup, drawing sharp criticism from the European Conservatives and Reformists (ECR) group, who accused the administration of violating judicial independence.

European institutions remain under pressure to address the deepening divide between the executive branch and the judiciary. ECR co-chair Nicola Procaccini urged European officials not to ignore the situation, emphasizing that national sovereignty and judicial safeguards must be upheld regardless of political alliances. As the standoff persists, the Commission continues to monitor the situation to ensure compliance with broader European legal standards.