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Poland’s Constitutional Tribunal crisis

This dossier follows the dispute over the leadership and functioning of Poland’s Constitutional Tribunal, announced decisions and challenges to them.

Last updated : 2 key moments
Entrance to Poland's Constitutional Tribunal in 2016.
Constitutional Tribunal entrance in Warsaw, 22 January 2016. Archive image, not the events of 2026. Adrian Grycuk, CC BY-SA 3.0 PL https://creativecommons.org/licenses/by-sa/3.0/pl/, resized. — Adrian Grycuk / Wikimedia Commons — CC BY-SA 3.0 PL https://creativecommons.org/licenses/by-sa/3.0/pl/ — 22 janvier 2016, taille réduite.

Where things stand

As of 1 November 2026, the European Commission says appointing eight judges is within the Sejm's powers and calls for the Tribunal to function in accordance with the Constitution and European case law. This position, conveyed on the evening of 31 October, does not resolve the dispute over the court's leadership.

Reported information

Poland: European Commission reaffirms Parliament's powers to appoint judges

The European Commission said on the evening of 31 October 2026 that appointing eight members of Poland's Constitutional Tribunal falls within the Sejm's constitutional powers. It called on Polish authorities to ensure the court can function in accordance with applicable law.

Entrance to Poland's Constitutional Tribunal in 2016.
Constitutional Tribunal entrance in Warsaw, 22 January 2016. Archive image, not the events of 2026. Adrian Grycuk, CC BY-SA 3.0 PL https://creativecommons.org/licenses/by-sa/3.0/pl/, resized. — Adrian Grycuk / Wikimedia Commons — CC BY-SA 3.0 PL https://creativecommons.org/licenses/by-sa/3.0/pl/ — 22 janvier 2016, taille réduite.

Spokesperson Louise Bogey conveyed the position to Polish news agency PAP; Euronews also reports the Commission's response. Brussels says it is closely monitoring events and refers to the Polish Constitution and the case law of the Court of Justice of the European Union.

The Commission also recalls interim measures issued on 5 May by the European Court of Human Rights requiring authorities not to obstruct judges appointed by the Sejm in March from taking office. That reference concerns their access to judicial duties.

The European intervention follows the contested suspension of the Tribunal's leaders. It expresses the Commission's position and is not a judicial ruling on the legality of that suspension or a resolution of the dispute.

Sources 2
Reported information

Poland: Nawrocki announces consultations after Tribunal confrontation

Polish President Karol Nawrocki announced urgent consultations with parliamentary forces on 31 October after a night of confrontation at the Constitutional Tribunal in Warsaw.

Entrance to Poland’s Constitutional Tribunal.
Warsaw, January 2016. Archive image; does not depict the 2026 events. Adrian Grycuk, CC BY-SA 3.0 PL. — Adrian Grycuk / Wikimedia Commons — CC BY-SA 3.0 PL https://creativecommons.org/licenses/by-sa/3.0/pl/ — 22 janvier 2016, taille réduite.

Anna Korwin-Piotrowska announced the suspension of Tribunal president Bogdan Święczkowski. The disputed leadership rejects the decision’s legality. Police and protesters gathered outside the building.

After returning from his journey toward Senegal, Nawrocki denounced a forcible takeover. The government instead defends action intended to restore the court’s functioning. These characterisations remain the protagonists’ positions; the consulted sources establish neither a settlement nor a final judicial ruling on the contested acts.

Sources 3