Deputy talker of the Sejm Piotr Zgorzelski (PSL) stated that, according to the coalition determination, this year the process of election of judges of the Constitutional Court will begin. Members of the KO, the Left and Poland 2050 noted that they would be discussing the substance in the close future. They stressed that there are no findings yet.
Zgorzelski announced on Thursday on platform X that this year the process of election of Constitutional Court judges will begin. As indicated in the entry, the decision to amend the TK is simply a coalition determination.
PAP asked for details of the group that was part of the governing coalition.
The club spokesman, KO Dorota Loboda, admitted that “talks are going on, while we hold off with the authoritative position until our leaders have spoken.”
The head of the club and associate of the Management Board of Poland 2050 Paweł Śliz besides stated that this issue has not yet been full settled, and talks on this subject will be held “in the close future”.
The case was likewise commented by left-wing club head Anna Maria Żukowska. – As for the coalition, there are no specified arrangements yet. – she said.
PSL MP Michał Pyrzyk told PAP that all this indicates that the process of electing judges of the Constitutional Tribunal will actually begin soon, because, as he noted, “there are already appropriate announcements by the talker of the Sejm of Simon Holownia about the recruitment... in connection with the expiry of the mandates.”
In Pyrzyk's opinion, Deputy Marshal Zgorzelski, erstwhile he said that the decision to change the TK was a coalition arrangement he meant "that the procedure would yet begin". – Before that, no fresh judges of the Court had been elected twice, and I think this is where your marshal meant that this procedure will now be successful. said Mr PSL.
Last month, Minister of Justice Waldemar Żurek announced that he would encourage a government coalition to fill vacant positions in the Constitutional Court. – I will urge the coalition to begin casting the Constitutional Court. There is simply a case in the Court of Justice of the European Union that concerns the Constitutional Court. I would like to wait for this to happen, perhaps, but I think we should talk about this issue in public. We must make a decision due to the fact that we have no Court – stressed the head of MS in mid-September.
Up to 5 and 20 November, candidates for judges' vacancyes in the Constitutional Court are being collected – according to the findings of the “Journal of Legal Newspapers”. Marshal of the Sejm Szymon Hołownia has already sent the club presidents information on the dates – added.
Under the Constitutional Court Act, a candidate for the position of justice of the Constitutional Tribunal may apply to the President, the Sejm Bureau, a group of at least 50 Members or 30 Senators, the General Assembly of Judges of the ultimate Court, the General Assembly of Judges of the ultimate Administrative Court, the National Council of Legal Advisers, the Chief Bar Council and the National Board of Prosecutors.
As of the end of April, the body shall have 11 judges per 15 appointed judges. Since the word of 4 judges has ended in fresh months, this means that there are 4 judicial vacancyes in the TK. Seismo clubs – apart from the Law and Justice – consistently do not submit candidates.
In addition, according to the General Assembly of the Judges of the Court, justice Krystyna Pawlowicz is scheduled to quit on 5 December of that year. This year – 20 December – the word of office besides ends with justice Michał Warciński. Then – if the Sejm does not elect judges as created vacancyes – the Constitutional Tribunal will number 9 judges.
In 2026 the word of office besides ends with judges: Andrzej Zielonacki – 28 June and Justyna Piskorski – 18 September.
The Constitutional Court in its present form is criticised by the current authorities and any lawyers, who, citing rulings, inter alia, of the ECHR and the TEU, consider that it is simply a politicised institution. On 6 March the Sejm adopted a resolution on the removal of the effects of the 2015-2023 constitutional crisis, in which it stated that "taking into account in the activities of the public authority the decisions of the Constitutional Court issued in violation of law may be considered a violation of the rule of legalism by those authorities". Since the adoption of this resolution by the Sejm, judgments of the Constitutional Tribunal are not published in the authoritative diary of the Acts.
Source: PAP
