European Commission calls on Poland to ensure Constitutional Tribunal operates in accordance with the Constitution

Brussels' reaction to events surrounding the Constitutional Tribunal

The European Commission has stated its position regarding the crisis that has emerged around the Polish Constitutional Tribunal. The institution's spokesperson, Louisa Vohs, stated that the Polish authorities must ensure the court is able to function. In her words, the tribunal's activities must comply with the Constitution of Poland and take into account the relevant case law of the Court of Justice of the European Union.

Sejm powers and ECHR ruling

Louisa Vohs emphasised that the European Commission is closely monitoring the latest developments. She confirmed that the appointment of eight new members of the tribunal falls within the constitutional powers of the Sejm. This point was confirmed by the Venice Commission in its opinion of 13 October 2026.

Separately, the spokesperson mentioned the application of interim measures by the European Court of Human Rights on 5 May 2026. These measures obliged the competent Polish authorities not to prevent judges appointed by the Sejm in March 2026 from taking up their posts and performing their judicial duties.

Causes of the crisis and the president's reaction

The crisis arose after the announcement of a suspension in the performance of duties by the head of the tribunal, Bogdan Święczkowski, and the vice-head, Bartosz Sochański. Judge Anna Korwin-Piotrowska, elected by the current Sejm, was recognised as leading the institution's work.

The events were accompanied by tensions and demonstrations near the court building, with police arriving on the scene. The President of Poland, Karol Nawrocki, interrupted his flight to Senegal and arrived at the Constitutional Tribunal building during the night. The parties describe the course of the incident inside the building differently.

After leaving the premises, the president announced urgent consultations with parliamentary forces, declaring a violation of constitutional order. Prime Minister Donald Tusk, in a statement, described these events as an attack on the tribunal and its judges.