At the end of the 7th parliamentary term, Members of the governing coalition of the PO-PSL decided to safe their political interests In case of failure of power. The thought was based on the maintenance of the majority of its judges in the Constitutional Court, but this could only be achieved by selecting the judges "resistent". The members of the PO-PSL coalition did so, but they went far besides far, due to the fact that even Andrzej Rzepiński, president of the Constitutional Court closely connected with the political environment of the then power, considered the choice of 2 judges to be a violation of the Constitution of Poland. Following the change of power, Members of the United Right, by resolution, declared invalid the choice of the full 5 and elected fresh 5 judges.
For 11 years there has been a push around the Constitutional Court and everyone regularly accuses of breaking the Constitution. The Kuriosian interpretations of the law signed with the names of professors of constitutionalists at the time were hundreds, but most of them were so low that before 2015 no law student would have passed the colloquium if he had written akin absurdities. The fresh phase of this conflict opened a parliamentary vote last week erstwhile six judges were elected, of course from the political key. Initially, no formal objections were raised to the voting procedure itself, but later there were objections from the opposition and the Presidential Palace. The 2 main allegations concern time limits and at least 1 charge is irrefutable.
In accordance with regulation 30(3)(1) of the Rules of Procedure of the Sejm, applications for the election of the Judges of the Constitutional Tribunal shall be submitted to the Marshal of the Sejm within 30 days before the expiry of the word of office of the Judge. As is known in all six cases, this deadline has passed, due to the fact that the ruling coalition boycotted the election of judges, hoping that Rafał Trzaskowski would be President. With respect to this provision the situation is clear, the statutory request was clearly omitted. A somewhat different issue is the question of a different provision from the Rules of Procedure of the Sejm, which states that the vote is held 7 days after the candidate has been notified as a justice of the Constitutional Court. The word was not retained either, but before the vote the Marshal of the Sejm informed the advanced home that the decision of the elder Convention had shortened it to 2 days. At the same time, Vladimir Czarzasty asked whether Members were objecting to this decision, but there were no specified votes.
All of this, however, may not be of much importance due to the fact that the PiS Members have challenged the provisions relating to the procedure for the selection of judges by the Sejm. The content of the proposal refers straight to the link between the Rules of Procedure of the Sejm and the choice of judges, which, in the opinion of Members, is to be unconstitutional, although these provisions have been introduced by the United Right. Today, the first gathering of the Constitutional Tribunal was held on this substance and many politicians expected an immediate resolution, which was to give president Karol Nawrock the basis for refusing to take a vow from fresh judges. However, this did not happen, the Constitutional Tribunal postponed the proceeding without a time limit, and besides asked president Karol Nawrocki to take a written position on the PiS request by 17 April 2026.
One of the allegations of the motion concerns the prerogative or competence of the president to take a vow, and the president should so at least take the position here – was justified by Bogdan Świętczkowski, the president of the Constitutional Tribunal and the president of the ruling.
We will gotta wait until at least April, but present it is certain that this decision will not end the war on the Court, even though it will surely be questioned by at least 1 side of the conflict. This is pointed out not only by the proposal itself, but besides by the position of Members Marcin Warchoł and Michał Wójcik, who before the Constitutional Court requested the Court to state that the provisions under appeal by them cease to be “on the day before the election of the judges of the Constitutional Court” by the Sejm on Friday 13 March. In practice, this means that the TK is to consider only the last choice of the six judges as unconstitutional. The War for the Court continues And it'll last a long time.
We don't believe in anyone, we don't believe in anything! We look at facts and draw conclusions!
