Donald Tusk on 28 August 2026 at Campus Polska Future announced that in September "our judges" are to enter the building of the Constitutional Court, reserving the legality of the actions. The President's Minister Marcin Przycz considered this phrase as evidence of politicization of the judiciary. The independency of the authority controlling the Government Act is at stake.
“Our judges” and the promise to enter the building
Donald Tusk appeared on Friday 28 August at the Campus of the Polish Future in Olsztyn. In consequence to a question about the Constitutional Court, he stated that in September he wanted to lead “our judges” into his building. At the same time, he assured that the full process was to proceed in accordance with the law. The speech was quoted by WP News.
The reservation of lawful action is crucial but does not remove the problem contained in the words "our judges". The justice of the Court is not a typical of the Prime Minister, the government or the majority of the Sejm. The Constitution states that judges of the Constitutional Tribunal are elected individually by the Sejm of those who are distinguished by legal knowledge. After the election, they are to regulation independently of the political background that supported their candidacy.
Marcin Przycz, Minister at the President's Chancellery, has just pointed to the language of political ownership. He wrote on page X that the word "my" shows the current state of independency of the judiciary in Poland. The reaction of the Presidential Palace touched the point: the executive authority can propose systemic solutions, but it cannot treat the Court as its own backdrop.
Candidate Maciej Berk at the heart of the dispute
The direct background of the speech is the candidacy of Maciej Berk. Seismic printing No. 3006 confirms his application for the position of justice of the TK. Berek was a close associate of the Prime Minister and was liable in the government for the legislative process. This raises a question about later ruling on the laws prepared by the cabinet with which he was associated.
Tusk defended the candidate, portraying him as a competent lawyer and a stateman who would be able to disengage from cases that could rise a bias charge. The Prime Minister besides argued that Berek was not a organization candidate. These assurances do not close the debate. The independency of the constitutional court must besides be visible to the citizen, and the proximity of the candidate to the centre of power always undermines public confidence.
The dispute does not concern only 1 nomination. The government majority remains in sharp conflict with the current composition of the Court, and The draft budget for 2027 does not supply for gross and expenditure of TK. The words about the entry of “our judges” are so made erstwhile political and financial pressures on this institution are clearly increasing.
The Court is not the spoil of the majority
Law and Justice are liable for their own staff decisions and for losing public assurance in the Court. However, the mistakes of the predecessors do not give the current power the right to take over the institution under a fresh name. Standards cannot be fixed by replacing 1 organization key with another.
The Constitutional Tribunal shall decide on the conformity of laws with the essential law. His judgments affect taxes, civilian rights and the borders of the state. For Poles, this means a very circumstantial rate: whether the government will be subject to real control, or whether the controllers will be regarded as “our”. The national state needs strong institutions, and their strength starts with independency from each party.
Source: WP News, Parliament of the Republic of Poland, printing no 3006
Source: WP News
