Brussels Sides With Donald Tusk In Poland’s Court Crisis
By Rapporteur
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By Elisa Braun
Key Takeaways:
- The European Commission effectively backed Polish Prime Minister Donald Tusk in a constitutional crisis after President Karol Nawrocki refused to swear in judges elected by the Tusk-majority parliament and an internal power struggle suspended the PiS-appointed Tribunal president.
- Justice Commissioner Michael McGrath stated the Tribunal must function according to the Polish constitution and EU case law, affirming parliament’s right to make appointments, while Nawrocki denounced the suspension as an unlawful takeover amid weekend protests.
- The standoff has drawn criticism from figures such as Marine Le Pen and Janez Janša and a call for restraint from the U.S. ambassador, intensifying tensions ahead of expected 2027 parliamentary elections.
(Rapporteur) — The European Commission has effectively backed Polish Prime Minister Donald Tusk in an escalating court crisis which lines him up against the country’s nationalist president and his allies.
Protests erupted in Warsaw this weekend amid a dispute related to President Karol Nawrocki’s refusal to swear in top judges elected by parliament, where Tusk’s coalition holds a majority, and an internal power struggle at the Constitutional Tribunal .
Nawrocki, elected in June 2025 with support from the nationalist Law and Justice (PiS) party, is a staunch opponent of Tusk’s pro-European government, which has pledged to reverse the controversial judicial changes introduced by its predecessors.
“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,” Justice Commissioner Michael McGrath said in a statement, adding that the national parliament has the right to make appointments.
The Commission’s statement followed Friday’s suspension of tribunal president Bogdan Święczkowski and his deputy – who had been appointed during PiS’s time in government – by judge Anna Korwin-Piotrowska, who said she was taking charge.
Nawrocki denounced the move as an unlawful takeover and visited the tribunal early on Saturday as protesters gathered outside.
“A politician cannot enter a court or tribunal and give orders or intimidate judges, even if he is the president,” Tusk said in an address to the nation on Saturday. Tusk pledged to press ahead with efforts to restore the court’s independence, also denouncing “pro Russian forces worldwide” and “an army of Russian bots” weighing in.
McGrath said that the Venice Commission, a constitutional advisory body, had made clear that appointing judges was parliament’s prerogative in the European Commission statement.
Warsaw in focus
The stand-off has attracted attention elsewhere.
French far-right leader Marine Le Pen, whose party leader Jordan Bardella met with PiS allies in June, described the suspensions and security deployment as an apparent “forced takeover”, accusing the EU institutions of indifference.
Slovenia’s right wing Prime Minister Janez Janša also condemned the deployment of police to the tribunal, questioning the EU’s democratic standards.
The US ambassador to Poland, Tom Rose, called for restraint amid what he described as an “unprecedented confrontation over the government’s use of state power and the independence and authority of a constitutional institution.”
The confrontation has heightened tensions ahead of parliamentary elections expected in fall 2027, pitting Tusk’s government against PiS, which seeks to return to power after losing office in 2023.
About Rapporteur
Rapporteur, formerly EurActiv, is Europe’s expert media organisation for policy and politics. Through deeply reported journalism, trusted expertise and a commitment to engagement with our audiences, we aim to help the people shaping Europe’s future make better decisions.
