Constitutional Court for apolitical lawyers

The Constitutional Tribunal's appointment is systematically shrinking. In December, after the announced departure of Krystyna Pawłowicz and the end of the word of office of justice Michał Warciński, the composition of the TK will be reduced to 9 people, and the number of vacancies will grow to six. This, in turn, means that the Court will lose the anticipation of forming the full composition for which at least 11 judges are required. This, in turn, threatens to make it impossible to deal with matters as crucial as examining compliance with the Constitution of the Act before it is signed by the president or an global agreement before ratification. Although the Constitutional Tribunal stated the unconstitutionality of the rules establishing a quorum of full composition, this judgment, like all others in fresh years, has not been published.

More vacancies

Problems with the full composition could be avoided if the Sejm systematically cast justice vacancyes appearing in the Constitutional Court. The ruling coalition, not wanting to legitimize the actions of the current TK, consistently does not study candidates for judges, and the candidates put forward by the Law and Justices do not get a corresponding majority of votes. If these activities continue, in the autumn of 2026 8 seats will be placed in the TK, or more than half of the composition.

This is simply a critical assessment by lawyers. As we have late informed, the vast majority of the participants of the “Rzeczpospolita” Panel of Lawyers believe that the judges of the Constitutional Tribunal should be elected as shortly as possible. Experts point out that the failure to plant vacancies not only does not reconstruct the legitimacy of this body, but can deepen organization stagnation and chaos. For the time being, the government has not proposed the selection of fresh TK judges, although the ruling camp has signalled that the script is increasingly bold.

In this context, however, the words spoken by president Karol Nawrocki may be ominous, who, according to the regulations, takes a vow from the judges of the Constitutional Tribunal elected by the Sejm.

– I will not advance or nominate those judges who agree to the constitutional order of the Polish Republic. And I will promote, advance and nominate those judges who have the constitutional order of the Republic in accordance with the constitution and laws adopted by the Polish Parliament and signed by the president respect – announced the president in his first message.

Can't wait any longer

What does this declaration of the head of state mean in the context of the situation in the CCC?

According to the constitutionalist, Dr. Tomasz Zalasiński confirms this already formulated by him in the pages of “Rzeczpospolita” of concerns. "The effort to simultaneously elect the majority of the judges of the Court at the end of the current parliament increases the hazard of repeating the 2015 situation erstwhile president Andrzej Duda refused to take a vow from decently elected judges," the expert points out.

He notes that the function of the head of state in the process of filling the judges' vacancy in the TK differs from the procedure for appointing the judges of the general courts and the SN, as the judges of the TK elect the Sejm.

– Unfortunately, the example of a decade ago and the nightly swearing-in of the double judges indicate that the president can usage these legal powers to frustrate the selection process of the TK judges. I find this probability very high. Therefore, the process of selecting judges should be perfectly consistent with the constitution, and neither organization to the political dispute can have the feeling that it has taken over the majority in the Constitutional Tribunal. In the current, peculiarly hard political situation, the Court should regain the function of an independent arbitrator who will safeguard the regulation of law, the rights and the freedom of the individual, the integrity of the legislative process regardless of the colour of the authorities," says Dr. Zalasiński.

According to him, the consequences of specified conduct would be destructive to the Polish strategy and would deepen the collapse in which the Court was located.

– The confrontation of political forces, which we are presently seeing, gives emergence to a immense hazard of creating a "second generation" of double judges in the Constitutional Court, which will consequence in a complete collapse of the thought of controlling the constitutionality of the law in Poland. president Nawrocki can fix this process, it can besides lead to its utmost demolition – says Dr. Zalasinski.

However, it shares the view that the Sejm should place vacancyes in the Court immediately, and that judges should choose persons who, with both their professional experience and attitude, will not give the president grounds for any doubts about their swearing-in.

TK not for organization earners

Professor Maciej Gutowski from the UAM in Poznań agrees with this position. “After years of political nominations for the Constitutional Tribunal, Members should yet elect Polish top judges from the extraclass of law. organization activists, who are formally only lawyers and friends after tired doctorates or habilitations, should drop out, says Prof. Gutowski.

It points out that, under the applicable law, the justice of the Constitutional Tribunal should be distinguished from those who meet the essential requirements to service as justice of the ultimate Court or ultimate Administrative Court. As he points out, especially in fresh years, these requirements have been disregarded, and the Court has received, first of all, people who deserve the party.

Professor Gutowski besides points out that from a legal point of view the president does not have any prerogatives in the process of casting the Constitutional Tribunal. He's just taking his vows. However, it states that the violation committed in 2015 by Andrzej Duda may give emergence to a certain hazard of its repetition in the future and the appointment of subsequent double judges.

The President’s words as a warning

– Will president Nawrocki decide that? I don't know that, but his unspeakable announcements may propose that there is specified a risk. However, this would be completely illegal. I would so effort to treat his message as a informing and encourage the Sejm to elect the judges of the TK from among the truly best, apolitical lawyers in the country. specified a choice would service the constitutional court, could lead to a partial repair of it, and would minimise the hazard of the president swearing on elected judges.