EU Minister Szymon Szynkowski vel Sęk said that his conversations with the European Commission did not confirm the speculation that the Commission would invent a new reason to block the KPO, even if the Constitutional Court issue a favorable opinion on the Supreme Court law amendment. He appeared on Poland’s first radio program on Wednesday to address when the KPO funds might reach Poland.
Szynkowski vel Sęk described the current standstill as stemming from a combination of actions by the Constitutional Court and the legislative process. He noted that the draft amendment to the Supreme Court Law, prepared and negotiated with the European Commission, has already passed through the Sejm and received the President’s signature before the Constitutional Court, marking a critical milestone in the process. He added that an agreement with the European Commission has been reached, and that the law must enter into force so the terms of that agreement can be fulfilled. He emphasized his ongoing, regular contact with the Commission, including discussions with EU Justice Commissioner Didier Reynders on Monday. The minister described the ongoing communication as conveying progress while awaiting the Court’s ruling, and he said the Commission had expressed clear anticipation for the draft’s entry into force and acknowledged Poland’s efforts to expedite the assessment.
Szynkowski vel Sęk criticized the notion that the Commission would delay payment regardless of constitutional findings, calling it an external justification rather than a factual obstacle. He noted that his contacts with the Commission provide an update on the state of the agreement and that there is written confirmation of a positive assessment of the draft by the Commission. He asserted that the Commission should fulfill its obligations promptly after the draft’s entry into force.
He added that if the Constitutional Tribunal rules that the amendment aligns with the constitution, a payment request would be submitted and disbursement should follow in the near future. According to supporters of the Law and Justice party, the amendment represents a key milestone for unlocking funds under the KPO. The change would, among other things, reassign the jurisdiction over disciplinary and immunity cases for judges from the Chamber of Professional Responsibility of the Supreme Court to the Supreme Administrative Court, aligning with the intent to strengthen judicial independence. Earlier in the year, President Andrzej Duda proposed a motion to examine the constitutionality of the amendment within the Constitutional Court using preventive scrutiny procedures.
There has been an extended debate within the Constitutional Tribunal over the tenure of Julia Przyłębska as its president, which recently left the court temporarily unable to convene with its full 11-member bench. The current composition is set to review the amendment, with a hearing scheduled for May 30. Earlier in May, PiS deputies submitted a draft amendment to the Law on the Organization and Procedure of Proceedings before the Constitutional Court. This proposal aims to reduce the minimum number of judges constituting the General Assembly and to bring the full Constitutional Court to nine judges, and it has been referred to the Justice Committee for a first reading.
In early June of the previous year, the European Commission approved Poland’s KPO, a step toward disbursing 23.9 billion euros in grants and 11.5 billion euros in loans from the Recovery and Resilience Fund. While the Commission acknowledged milestones related to judicial independence as crucial for attracting investment and enabling effective implementation, it also stated that disbursements would occur only after Poland demonstrates progress on those milestones. The Commission’s stance remains a central condition in the release of funds as Poland continues to implement the reform agenda.