Donald Tusk made the comments at an EU summit in Brussels, after the Court of Justice of the European Union ruled that Poland’s Constitutional Tribunal had violated fundamental principles of EU law and could not be considered independent or impartial.
The Luxembourg-based court said the tribunal had been compromised by "serious irregularities" in the appointment of three judges and its president, adding that those flaws undermined the rule of law and ignored binding CJEU case law.
"It seems that from now on we can try to fix the Constitutional Tribunal by systematically appointing new judges as their terms expire," Tusk told reporters.
He said the tribunal would begin functioning properly again once a president is elected "in line with the rules, the law and honestly."
“This process will take time,” Tusk said, but added that the ruling amounted to "a green light" for reforms.
He said he had already discussed the issue with leaders of his governing coalition and was confident they would find ways to restore a lawful court "as quickly as possible."
Tusk said he had expected the judgment, arguing that the tribunal in its current form "is not functioning and cannot function," citing the court’s findings.
In its ruling, the CJEU said the appointments of three judges in December 2015 and the tribunal’s president in 2016 were carried out in breach of fundamental appointment rules in Poland.
"Accordingly, the Polish Constitutional Court does not meet the requirements of an independent and impartial tribunal established by law, within the meaning of EU law," the court said.
(pm/gs)
Source: PAP, curia.europa.eu