Donald Tusk defends Constitutional Tribunal nominations as presidency and opposition criticize remarks

Remarks at Campus Polska

Polish Prime Minister Donald Tusk addressed government plans for the Constitutional Tribunal during the Campus Polska Przyszłości event in Olsztyn. Speaking to attendees, Tusk confirmed that the parliamentary majority plans to install a new judge in September to replace outgoing judge Justyn Piskorski, whose term concludes on 18 September 2026. The prime minister stated that his administration would take direct action to secure seats in the court despite expected political resistance. He argued that inaction would allow judges appointed under the previous Law and Justice administration, including Bogdan Święczkowski, to maintain control.

I will not be an idealist in this matter. In September I must be sure that our judges enter this building, and that it will all be in accordance with the law.

Defense of Maciej Berek's nomination

The nomination centers on Maciej Berek, who served as minister overseeing government policy implementation until 11 August 2026, when Tusk announced Berek would transition to new responsibilities. On 17 August, a group of Civic Coalition lawmakers submitted Sejm Print No. 3006 to formally nominate Berek for the vacant seat. Defending the pick, Tusk emphasized that Berek never belonged to a political party and served as a constitutional check within the cabinet, comparing his path to former interior deputy minister Jerzy Stępień, who later headed the Tribunal. However, legal commentators including Jędrzej Śliwa pointed out that Berek practiced as a legal counsel for 25 months and lacks both the required ten-year legal practice qualification and a habilitated doctorate in law.

Reactions from the presidency and coalition partners

Tusk's reference to "our judges" drew immediate condemnation from the presidential administration and opposition lawmakers. Marcin Przydacz, head of the International Policy Bureau for President Karol Nawrocki, posted a response in English on social media criticizing the remarks as evidence against judicial independence. Deputy Prosecutor General Michał Ostrowski described the announcement as a move toward total lawlessness, while Confederation parliamentarian Bartłomiej Pejo and Law and Justice deputy Michał Wójcik condemned the statement. Within the governing coalition, The Left deputy Anna Maria Żukowska previously argued that active politicians should not sit on the Tribunal, and The Left leader Włodzimierz Czarzasty stated that their parliamentary club had not taken an official position ahead of the September vote.

Prime Minister Tusk talks about some judges - my judges. This shows what the current state of independent judiciary in Poland is.

Broader struggle over the Tribunal

The controversy follows a broader push by the parliamentary majority to reconstitute the tribunal throughout 2026. The Sejm elected six new judges on 13 March 2026, with Magdalena Bentkowska and Dariusz Szostek taking office in April, followed by the election of Sławomir Patyra in June with 235 votes across coalition factions. In parallel, the government introduced fiscal measures against the tribunal's current composition, which includes judges Stanisław Piotrowicz and Bogdan Święczkowski. Finance Minister Andrzej Domański confirmed that tribunal revenues and expenditures were excluded from the 2027 draft budget bill, while Justice Minister Waldemar Żurek announced that the institution would not receive state budget funding because its current bench fails statutory criteria.