The key facts

  • Tusk called on Nawrocki to recognize the judges elected by the Sejm without amending the constitution
  • The crisis escalated after the removal of the Tribunal’s chief justice and the police presence outside the court building
  • The European Commission confirmed the Sejm’s right to appoint judges and is monitoring the situation

Tusk offered the president a path to resolving the conflict

Polish Prime Minister Donald Tusk called on President Karol Nawrocki to recognize the judges elected by parliament to the Constitutional Tribunal, and to allow them to be sworn in. “The resolution of the conflict is simple and possible without changing the constitution,” Tusk wrote on social media. “The president recognizes the judges lawfully elected by the Sejm, as provided for by the constitution, and they take up their duties at the Tribunal.” He also accused Nawrocki of “choosing a forceful confrontation that could cost Poland dearly.”

Escalation around the Tribunal

The appeal came after protesters and police clashed outside the court building last week following the removal of its chief justice. On Friday evening, police were deployed around the Tribunal, and Nawrocki cut short a trip to Senegal and returned to Warsaw. Conservative demonstrators and the right-wing and far-right opposition called the government’s actions a “coup d’état,” while the ruling pro-coalition said they were necessary to protect the rule of law. On Saturday, Nawrocki held talks with political leaders, but they produced no significant results.

Context of a protracted crisis

The constitutional crisis in Poland has lasted more than a decade: since returning to power in 2023, Tusk has promised to resolve it. The Tribunal remains under the control of the nationalist opposition: parliament elected new judges, but not all of them were allowed to take the oath before the president. The previous PiS government appointed politically aligned judges in 2015, whom neither Tusk nor the European Union recognizes. Meanwhile, the European Commission said it is closely monitoring the crisis: according to its spokesperson, the appointment of eight new members of the Tribunal “falls within the constitutional powers of the Sejm,” and the Polish authorities should ensure the court operates in line with the constitution and the case law of the EU Court of Justice.