Article 9 of the Constitution of Poland states that Poland "observs its binding global law". This means that the State is obliged to respect global agreements and another global law standards that bind them.
However, PiS frequently refers to the hierarchy of legal sources in force in Poland:
• Ratified global agreementse
• National laws
• Regulations
Let us so look at the question of the election of fresh judges of the Constitutional Court in the context of the safeguard issued by the European Court of Human Rights (ECHR).
1. Constitution of the Republic of Poland, Article 194(1) -
"The Constitutional Tribunal consists of 15 judges elected individually by the Sejm for 9 years among those who stand out with legal knowledge".
Article 9 of the Constitution is not just a polite request – it is simply a categorical order for the state.
The Constitution does not mention vows to the President. This request only appears in the bill.
The persons elected by the Sejm shall become judges of the Constitutional Court. It's over. Period.
2. Act of 30 November 2016 on the organisation and procedure of proceedings before the Constitutional Tribunal provides that The individual elected as a justice of the Constitutional Tribunal shall curse to the president of the Republic of Poland.
Nawrocki, Świączkowski and their political patron Jarosław Kaczyński argue that:
• The president is taking his vows,
• It is only from then on that the justice may rule.
However, even for a individual without legal education, it should be clear that the Constitution determines who becomes a justice of the Constitutional Court.
I will remind you: Poland ratified the European Convention on Human Rights in 1993.
So the question arises: where are the decisions of the ETPC?
• However, the Court's rulings are binding on Poland as a organization to the Convention and take precedence over national laws.
Now let's see what precisely the ETPC has decided.
On 5 May 2026, the European Court of Human Rights in Strasbourg, composed of 7 judges, unanimously issued a safety “commanding the Republic of Poland to guarantee that its competent public authorities refrain from obstructing the entry and performance of judicial duties by judges of the Constitutional Court elected by the Sejm on 13 March 2026”.
The safety issued by ETPCz shall be immediately effective and enforceable. The Court has prioritised the case.
In addition, he obliged the Polish government to supply information on the situation of blocked 4 judges of the Constitutional Tribunal by 20 May 2026.
In Europe only Russia and Belarus systematically ignored the judgments of the European Court of Human Rights.
According to Nawrocki and PiS Poland PiS is to join this group today.
• Polish Law and Justice.
• Belarus.
