The Management Board of the Helsinki Foundation for Human Rights (HFPC) published a position on 31 October concerning the situation around the Constitutional Court. The Foundation estimates that fresh events lead to further deepening of the organization crisis which has been ongoing since the end of 2015.
HFPC challenged the legal basis of the order of 30 October 2026, under which justice TK Anna Korwin-Piotrowska ordered a break in the service activities of the president of the Tribunal Bogdan Święczkowski and Vice president Bartłomiej Sochański.
According to the Foundation, there is no clear legal basis allowing a justice of the longest duration to issue specified a decision. HFPC points out that the provisions supply for the replacement of the president of the Constitutional Tribunal by specified a justice in certain situations which, in the Foundation's assessment, are not present in this case. It besides warns that the explanation adopted can make a dangerous precedent.
Read: "Constitutional Tribunal. Who led to the crisis and why is it hard to end it?"
At the same time, HFPC recalled its earlier position that judges legally elected by the Sejm should be able to start their duties and the president of the Republic of Poland does not have the power to block Parliament's election.
The Foundation besides drew attention to irregularities in the functioning of the Court, including manipulations in the appointment of the rulings. In this case, criminal proceedings are being initiated following a notification from HFPC.
As a way of resolving the crisis, the Foundation indicates the alleged constitutional reset proposed by the Stefan Batory Foundation. The concept implies a change in the rules for the selection of the judges of the Constitutional Tribunal, the expiry of the word of office of all present judges, and the re-planting of posts according to the fresh rules.
The position of the HFPC Board was signed by the president of the Maciej Nowicki Foundation, and is available: > Here..
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1.11.2026
• illustration: barma Tribunal newspaper
• more about the Constitutional Tribunal: > Here.
