Sikorski: The Constitutional Court has completely lost authority

In fresh days, the Constitutional Court (TK) has become public, more specifically about its authoritarian, which, according to abroad Minister Radosław Sikorski, is “no longer viable”. On Saturday, the head of the Ministry of abroad Affairs expressed his opinion on the current situation of the Constitutional Tribunal, pointing to the request for changes in the constitutional judiciary system. His words sparked a heated discussion among lawyers and politicians. What precisely happened and what are the prospects for TK?

Sikorski: “The Constitutional Tribunal is the creation of a martial law”

Radosław Sikorski did not leave any illusions about his position towards the Constitutional Court. In his Saturday comment, he stated that “TK authority can no longer be rebuilt”. The Minister recalled that as early as 1997, during his work on the draft constitution, he was skeptical of the TK, calling it ‘the creation of martial law’. In his opinion, the constitutionality of the laws would suffice “The ultimate Court in the Right Composition”.

Sikorski is not isolated in his views. The current authorities and part of the legal community have criticised the Constitutional Tribunal for its activities in fresh years. In March 2023, the Sejm adopted a resolution stating that ‘taking into account in the activities of the public authority the decisions of the Constitutional Tribunal issued in breach of law may be considered to be an infringement of the rule of legalism’. Since then, the judgments of the Constitutional Tribunal have not been published in the authoritative Journal, which further undermines their validity.

Personally, I believe that the authority of the Constitutional Court can no longer be rebuilt.
Commenting on the 1997 draft constitution, I was skeptical of this martial law creation and turned out to be mine.
To establish the constitutionality of the laws would suffice the ultimate Court in the appropriate composition.

— Radosław Sikorski (@sikorskiradek) February 8, 2025

"State coup" according to neo-TK neo-president. An investigation that isn't there?

The case became even more complicated erstwhile neo-TK neo-TK president Bogdan Święczkowski submitted a announcement to the prosecution about "state bombing". According to Świętczkowski, the actions of the current authorities are aimed at weakening the position of the Constitutional Tribunal. The case was dealt with by Deputy lawyer General Michał Ostrowski, who informed the president of the Constitutional Tribunal of the initiation of the investigation.

However, Advocate General Anna Adamiak rapidly corrected these reports. She said The investigation was not formally initiated, due to the fact that the case was not registered in the applicable D.A.'s office. In addition, she stressed that Ostrowski could not conduct this investigation due to the fact that worked closely with Bogdan ŚwięczkowskiWhen he served as a national prosecutor.

Experts: Political performance or real problem?

The situation around the Constitutional Court is controversial. any experts think the full thing is "political performance"to discredit the current authorities. Others point to real problems with the functioning of TKs, which require urgent reforms.

It is worth recalling that the TK has for years been criticised for its deficiency of independency and for yielding to political influence. The introduction of changes to the constitutional judiciary strategy could reconstruct citizens' assurance in institutions that should uphold the regulation of law.

What happens to the Constitutional Court?

Radosław Sikorski's proposal to Supreme Court took over the competence of the Constitutional Tribunal, may be 1 of the solutions. However, specified changes would require a deep improvement of the legal strategy and a broad political consensus. Is this real in the present situation? Time will tell.

One thing is certain – the authority of the Constitutional Court has been seriously underminedAnd his future is questionable. Will it be possible to rebuild it, or will fresh solutions be needed? That question remains open.