Donald Tusk Accuses Karol Nawrocki of Violating the Constitution

Prime Minister Donald Tusk has accused President Karol Nawrocki of breaching the constitution during the appointment of judicial assessors, prompting the government to issue countersignatures to secure legal clarity.

Countersignature of Judicial Assessors

Prime Minister Donald Tusk announced during a Wednesday press conference that he has begun signing documents concerning the appointment of judicial assessors. He stated that he has already cast the first signature, with roughly 200 acts awaiting countersignatures.

The Prime Minister deemed the earlier handover of nominations by Karol Nawrocki without the Prime Minister’s signature to be a violation of the constitutional procedure. Tusk warned that the absence of a countersignature could be exploited to challenge the legality of their actions and rulings.

Constitutional Dispute Over Appointments

Under Article 144 Section 2 of the Constitution of the Republic of Poland, official presidential acts require the signature of the Prime Minister to be valid, which entails political responsibility. Exceptions are strictly limited to presidential prerogatives under Article 144 Section 3.

While the catalog includes the appointment of judges, the constitution does not explicitly mention judicial assessors. Consequently, the government, the Ministry of Justice, and the National Council of the Judiciary maintain that assessor acts require the Prime Minister’s signature, following prior practice under former presidents.

Presidential Nominations and Court Returns

Karol Nawrocki handed out appointment acts on July 28 to 211 district court assessors and 18 voivodeship administrative court assessors, totaling 229 individuals, without the Prime Minister’s countersignature. The National Council of the Judiciary subsequently adopted a resolution affirming that the Prime Minister’s signature will ensure the effectiveness of these acts.

According to the Prime Minister, court presidents who received the unsigned documents returned them to the National Council of the Judiciary so they could reach the head of government. Tusk announced their signing to allow assessors to begin work without legal risk.

Constitutional Tribunal and Supreme Court Stances

The dispute is complicated by a June 25, 2026 ruling from the Constitutional Tribunal under case number K 2/26, which found that conditioning an assessor’s appointment effectiveness on the Prime Minister’s countersignature is unconstitutional. However, the government does not recognize the rulings of the current Constitutional Tribunal composition.

Conversely, Supreme Court First President Zbigniew Kapiński defended the president’s decision, arguing that the appointment acts became effective upon delivery on July 28 pursuant to the Law on the System of Common Courts, and warned that executive interference threatens judicial independence.

Impact on Court Backlogs

The prolonged dispute carries direct consequences for court operations, as a group of roughly 200 assessors could potentially process between 10,000 and 11,000 cases monthly to help address severe staff shortages.

Donald Tusk emphasized that providing the countersignature aims to protect the interests of both the assessors and the citizens awaiting case resolutions, even though the broader systemic dispute among state authorities remains unresolved.