Poland’s Constitutional Tribunal โฃFaces Impasse โคasโค Judge Vacancies Mount
Warsaw – Poland’s Constitutional Tribunal is operating with a significantly reduced bench and faces an uncertain future as political divisions hinderโ the selection of new judges. โAs of lateโ April, the Tribunal has 11 judges serving out of a possible โข15. The terms of four judges haveโ recently expired,leaving four vacancies,with twoโ more judges – Krystyna Pawลowicz and Michaล Warciลskiโข – scheduled to leave the Tribunal in December.
Despite the loomingโฃ vacancies, Sejm โคclubs โฃ- with the exception of PiS – have consistently โขrefrained from submitting candidates for appointment.
In March 2024, the Sejm adopted a resolution stating that actions by the Constitutional Tribunalโ in violation of the law could be considered a breach of the principle of legalism. The resolution also questioned the legitimacy of twoโ current judges, Jarosลaw Wymbak and Justyn Piskorski, asserting theyโค are not rightfully โขserving on the Tribunal.
Following the Sejm’s resolution,โ judgments issued by the Constitutional Tribunal are no longer being published in the Journal ofโ Laws. The government has argued that publishing decisions fromโ an “unauthorized authority” would undermineโ the rule of law.โ A December resolution stated that โฃannouncing CT decisions in official journals could “lead to the consolidation of theโค state of the rule of law.”
Sejm Marshal Szymonโ Hoลownia recently indicated the need forโ the โSejm toโ address the situation, โstating, “this is the moment โwhen as a โฃSejm โฃshould we think โขabout whether this Constitutional Tribunal should be started in a legal, law-abiding, competent way toโฃ fill.” He plans to discuss the matter with leaders of โขthe โruling coalition.
Minister of Justiceโ Waldemar ลปurek 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,” ลปurek saidโ lastโข week.