Poland’s Constitutional Tribunal Faces Impasse as Judge Vacancies Mount
Warsaw – Poland’s Constitutional Tribunal is operating with a significantly reduced bench and faces an uncertain future as political divisions hinder the selection of new judges. As of late April, the Tribunal has 11 judges serving out of a possible 15. The terms of four judges have recently expired,leaving four vacancies,with two more judges – Krystyna Pawłowicz and Michał Warciński – scheduled to leave the Tribunal in December.
Despite the looming vacancies, Sejm clubs - with the exception of PiS – have consistently refrained from submitting candidates for appointment.
In March 2024, the Sejm adopted a resolution stating that actions by the Constitutional Tribunal in violation of the law could be considered a breach of the principle of legalism. The resolution also questioned the legitimacy of two current judges, Jarosław Wymbak and Justyn Piskorski, asserting they are not rightfully serving on the Tribunal.
Following the Sejm’s resolution, judgments issued by the Constitutional Tribunal are no longer being published in the Journal of Laws. The government has argued that publishing decisions from an “unauthorized authority” would undermine the rule of law. A December resolution stated that announcing CT decisions in official journals could “lead to the consolidation of the state of the rule of law.”
Sejm Marshal Szymon Hołownia recently indicated the need for the Sejm to address the situation, stating, “this is the moment when as a Sejm should we think about whether this Constitutional Tribunal should be started in a legal, law-abiding, competent way to fill.” He plans to discuss the matter with leaders of the ruling coalition.
Minister of Justice Waldemar Żurek has also expressed support for filling the vacancies, notably given the lack of anticipated cooperation from the President. “We must approach this wisely and transparently,” Żurek said last week.
