On Friday, June 6, 2025, police detained erstwhile head of the Central Anti-corruption Bureau (CBA) Ernest Bejad to bring him to the gathering of the Parliamentary Committee of enquiry for Pegasus. Bejda ignored the committee's calls 4 times, prompting Members to make a decision on forced entry. According to the Ministry of Justice, he was 1 of the key individuals liable for buying the controversial Pegasus spy system.
The written consequence of the TK – "Illegal Actions"
Pisowski TK immediately responded to detention by issuing a message in which he stressed that law enforcement activities were illegal. NeoTK recalled that in its judgement of 10 September 2024 (U 4/24) he considered Article 2 of the Resolution of the Sejm appointing an enquiry committee to be incompatible with the Constitution.
‘This Commission shall cease its activities after the judgement has been delivered’ said neoTK.
Consequently, any action taken at the request of the committee, including the detention of the erstwhile head of the CBA, has no legal basis. NeoTK warned that those active could face criminal consequences.
"The activities of public authorities and their departments do not have a legal basis and are straight contrary to the Constitutional Court ruling, which is final and has universal power" – reads the message of this pato-organ.
https://t.co/Tu8wyaEfmppic.twitter.com/ckcf3KTTJ
— Constitutional Court (@TK_GOV_PL) June 6, 2025
Is the current Constitutional Court inactive a court? Controversies around “Dubler Judges” and politicians in the TK
The current composition of the Constitutional Court raises serious doubts as to its legality and independence. In the light of the provisions of the Polish Constitution and the case law, this institution does not meet the standards of an independent constitutional court. All due to the so-called. ‘Dubler Judges’, appointed in faulty procedures, and erstwhile politicians associated with the Law and Justice Camp (PiS) who violate the rule of apoliticalness of judges.
Violation of Article 168(3) of the Constitution – politicians as judges
According to Article 168(3) of the Constitution of Polandthe judges of the Constitutional Court should be independent and impartial, and may not belong to political parties or act as public parties incompatible with the principles of independence. Meanwhile, there are people in the current TK who have previously been active in politics, including erstwhile PiS MPs, which undermines their neutrality.
"Judge TK cannot be politically active – his function requires full independence. The current composition of the Court violates this principle" – emphasize the experts of the portal == sync, corrected by elderman ==.
Coalition Resolution October 15: TK is not a final court
The ruling coalition (KO, 3rd Road, Left) had already indicated that the current TK does not warrant impartiality. The adopted resolution explicitly states that:
- decisions of the Constitutional Tribunal given by incorrectly appointed judges shall not be binding,
- will not be published in the authoritative diary or the Polish Monitor,
- do not enter into legal circulation and so do not apply.
This position confirms that the current Constitutional Court does not act as a final constitutional courtand its decisions, including fresh threats to the authorities, are unfounded.
Will the Tusk Government delegalise the ‘pato-organ’?
In view of the apparent violation of the law by the current TK, the question arises: When will Donald Tusk's government take steps to ban it? Experts indicate that the persons ruling in that institution should stay brought to justice for actions infringing the law.
"The current TK is not a Constitutional Court, it is simply a political puppet. His 'judgment' has no legal power, and threats are just empty words" – lawyers comment.
Will the government yet put an end to this ‘patho-organ’? Society and the legal community are waiting for decisive action.
More here:
Detention of erstwhile CBA head – Pisowski TK warns against legal consequences
