The European Commission has called on the Polish authorities to ensure the normal functioning of the Constitutional Tribunal in accordance with the Polish constitution and ECJ rulings. This was stated by Justice Commissioner Michael McGrath in a statement given to the Polish Press Agency and published by RMF24.
„The Polish Constitutional Tribunal must be able to function in accordance with the Polish constitution and the case law of the ECJ. This is important for every Polish citizen, and ensuring it is the responsibility of the Polish authorities“, McGrath said.
He added that the European Commission is closely following the latest developments surrounding the tribunal. According to him, the Venice Commission has clearly stated that the election of new judges is within the competence of the Polish Sejm. McGrath stressed that full compliance with the principles of the rule of law is an expectation and right of Polish citizens.
The dispute over the composition of the tribunal
The statement comes after an escalation of the conflict in Warsaw. On Friday, the official powers of the President of the Constitutional Tribunal, Bogdan Świnczkowski, and the Deputy President, Bartoszem Sochanski, were temporarily terminated. Judge Anna Korwin-Piotrowska was appointed as the head of the institution's work.
Protests followed in front of the tribunal building, and the police were sent to the scene. President Karol Nawrocki cut short his trip to Senegal and returned to Warsaw. The head of state's camp and the opposition described the actions against the tribunal's leadership as an illegal attempt to seize a constitutional institution.
Prime Minister Donald Tusk defended the ruling party's actions and said that the government would continue efforts to restore the independence of the Constitutional Tribunal. According to him, the crisis is the result of years of violation of the rule of law.
Decisions of the European Courts
The dispute also concerns four judges elected by the Sejm in March 2026, who were not allowed to perform their functions. On 5 May, the European Court of Human Rights issued interim measures ordering the Polish authorities not to obstruct their entry into office and the performance of their judicial duties.
On 18 December 2025, the Court of Justice of the EU ruled in a case brought by the European Commission that Poland had violated EU law. The Court stated that decisions of the Polish Constitutional Tribunal had disregarded the principle of supremacy and binding effect of EU law. The ruling also stated that serious irregularities in the election of three judges and the President called into question the independence and impartiality of the institution.
Against this background, the Venice Commission stated in an opinion of 13 October that the election of new judges falls within the constitutional powers of the Sejm. The European Commission insists that the Polish authorities' next steps should lead to a functioning tribunal that complies with both the Polish constitution and the rulings of the Court of Justice of the EU.
Sources: rmf24.pl, apnews.com, pap.pl