The Commission said it was closely monitoring developments and, in a carefully worded statement to POLITICO, appeared to show support for Tusk’s position.
“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,” Commissioner for Democracy, Justice and the Rule of Law Michael McGrath said.
“This matters for every Polish citizen, and it is for the Polish authorities to ensure that,” McGrath added, stating that “the Venice Commission has been clear that appointing the new judges lies within the power of the Sejm [Poland’s lower house of parliament].”
Polish Prime Minister Donald Tusk vowed Saturday night not to back down on the dispute. “In some matters there can be no compromise,” Tusk said in an address to the nation, comparing calls for reconciliation to a thief demanding to keep half the contents of a stolen handbag.
“We have waited too long for the treasure of an independent, democratic Poland to be frightened into retreat,” Tusk said.
The prime minister also targeted Nawrocki, who turned his plane around mid-flight en route to Senegal and returned to Warsaw, where he pushed his way into the Tribunal shortly after midnight Saturday, confronting judges challenging its leadership.