EU backs Tusk’s constitutional court coup, says ‘the authorities have a duty’

"No one should remain indifferent to what is happening in Poland. Tusk wants to seize the Constitutional Tribunal so that, through pseudo-rulings, he can fully subordinate Poland to the European Union."

Polish police surrounded the Constitutional Tribunal in what is being described as a coup by Prime Minister Donald Tusk.
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The European Commission appears to be backing Polish Prime Minister Donald Tusk and his authoritarian seizure of Poland’s Constitutional Tribunal, which the EU claims must be able to function under the Polish Constitution and the case law of the Court of Justice of the European Union (ECJ).

Polish conservatives are pointing out that Tusk’s forceful seizure of the Constitutional Tribunal is being tacitly backed by the EU.

“No one should remain indifferent to what is happening in Poland. Tusk wants to seize the Constitutional Tribunal so that, through pseudo-rulings, he can fully subordinate Poland to the European Union — which always pays lip service to the ‘rule of law’ but now stays silent while the highest independent institution in Poland is under attack,” wrote vice-president of PiS, Patryk Jaki.

The EU stated that the appointment of new judges is a competence of the Sejm. Commissioner for Democracy, Justice and the Rule of Law Michael McGrath stopped short of endorsing the specific moves that triggered the latest confrontation, but his comments align with the position of Prime Minister Donald Tusk’s government that the Tribunal’s long-standing deadlock must end.

McGrath stated: “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. This matters for every Polish citizen, and it is for the Polish authorities to ensure that.”

He highlighted the Venice Commission’s October 2026 opinion, noting that “appointing the new judges lies within the power of the Sejm.” He added that “full respect for the rule of law is what Polish citizens expect and deserve.”

The EU commission has not issued a formal press release specifically endorsing the suspension of the Tribunal’s existing leadership, but so far, statements from the EU appear to show that Brussels stands behind Tusk.

Others, like Polish MEP Dominik Tarczynski, have noted that Tusk’s move paves the way for Poland to be thoroughly absorbed the EU in order to open Poland’s borders, replace the country’s currency with the euro, and secure more power for Germany.

The immediate crisis intensified on the evening of Oct. 30. Judge Anna Korwin-Piotrowska, elected by the Sejm in March 2026 and one of those whose oath President Karol Nawrocki has refused to receive, issued orders suspending Tribunal President Bogdan Święczkowski and Vice-President Bartłomiej Sochański from their duties for one month.

She cited provisions allowing interruption of duties and her status as the judge with the longest overall judicial service, and assumed direction of the Tribunal. The existing leadership and the President’s side reject the orders as unlawful and maintain that Korwin-Piotrowska is not a validly serving judge.

Police were deployed to encircle the Tribunal building amid protests. President Nawrocki, returning mid-flight from a planned trip to Senegal and entered the building after breaking through police lines. He described the events as a forcible takeover and a violation of the constitutional order.

Prime Minister Tusk addressed the nation, stating there can be “no compromise” on certain matters and that “in a state governed by the rule of law, a politician cannot enter a court or tribunal and give orders or intimidate judges, even if he is the president.” He pledged to ensure the Tribunal’s safety and ability to operate independently in line with the Constitution.

The European Conservatives and Reformists (ECR) group in the European Parliament, which includes PiS-aligned members, has condemned the government’s approach and sided with the President.

A General Assembly of judges has been called for Nov. 3, 2026 to address the Tribunal’s 2027 budget draft. Quorum and recognition of the assembly’s legitimacy remain contested, with the existing leadership disputing Korwin-Piotrowska’s authority to convene it. The one-month suspensions, if recognized, would run into late November. Justice Minister Waldemar Żurek has sought to lift the immunity of Święczkowski and Sochański in connection with allegations of obstructing the Tribunal’s work.

The standoff continues a dispute that began with the PiS-era reshaping of the Tribunal after 2015. Nawrocki has refused to swear in several of the judges elected by the current Sejm majority; those judges took oaths in the Sejm in the President’s absence. The Tribunal’s prior leadership has barred them from sitting.

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