Adopted on 13 September 2024, the Constitutional Court Act is inconsistent with the Constitution - the Constitutional Tribunal ruled. "They are ruining the foundations of the constitutional construction of the Court as an independent judicial authority" - written on social media. The provisions assessed concerned, among others, "the annulment of the election of the judges of the Constitutional Tribunal" and "the expiry of the word of office of the President-in-Office of the Constitutional Court".
Constitutional Court Conclusions of president Andrzej Duda on preventive control, which afraid 2 laws of 13 September 2024: the Constitutional Court Act and the Act - Provisions introducing the Constitutional Court Act.
As stated in the entry on the X platform, the Court made a "cruising evaluation" of projects. "They're ruining the basics Constitutional structure of the Court as an independent judicial authority, they are an unacceptable interference of the legislative authority in judicial authority" - noted.
Judgment of the Constitutional Court. "Infringement of constitutional principle"
"Origin of 29 July 2025. The Constitutional Court ruled that any of the provisions indicated by the president of the Republic of Poland are incompatible with the Constitution. Consequently, the Court stated that both laws are incompatible with the Constitution, as non-constitutional provisions are inextricably linked to all controlled legislation" - the communication on the Court's website in turn states.
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As further noted, "The Constitutional Tribunal noted that the core of the controlled government is the autonomous and retroactive provisions of the Act introducing the annulment of the selection of the judges of the Constitutional Tribunal and abolishing the Court's rulings and extinguishing the word of office of the President-in-Office of the Constitutional Court. These provisions ruin the constitutional foundations of the Constitutional Court as an independent judicial authority".
"They are violating the constitutional rule of separation, balance and cooperation of authorities and the rule of judicial independence. They are unacceptable interference of the legislative authority with the minimum competence of the judicial authority, breach of the regulation of last hotel and the universal application of court rulings. They besides infringe the principles resulting from Article 2 of the Constitution, in peculiar the rule of trust in law and Article 7 of the Constitution as a breach of the powers of the average legislature by entering constitutional substance without a legal basis" - continued.
The Constitutional Court has no doubt. "Blocking the Court"
In turn, in the case of "controlled procedural rules", it was written: "The Constitutional Tribunal stated, among another things, that entrusting the General Assembly of Judges with appointments of judges may lead to blocking the Court’s judicial activities"and thus violates the rule of the integrity of public institutions and the rule of legal certainty and trust in the law."
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"In addition, the Court noted that extending the word of office of a justice beyond the number and rigidity laid down in the Constitution of 9 years is unacceptable. The appointment of the president of the Republic of Poland by the Sejm of a comparatively short word of acceptance of a vow violates the rule of legalism, as well as the rule of the integrity of the functioning of public institutions and the rule of cooperation between authorities. However, the creation of the anticipation of vowing before the notary remains in conflict with both the function of the president in the procedure of investment of the judge, as well as the importance and character of the oath of the justice of the Constitutional Tribunal" - stressed.
"The participation of retired judges in disciplinary proceedings which may lead to the removal of a justice is incompatible with the rule of separation of authorities and the rule of the independency of the Court and the independency of judges" - added.
In addition, the Communication states that "The Tribunal found that the unconstitutionality of any (prescriptions - ed.) challenged by the president through their indissoluble relation with all controlled legislation results in the work to refuse to sign both laws".
Reform of the Constitutional Court. The governing coalition: The recipe for healing the TK
The Sejm adopted both laws on 24 July last year and on 31 July supported them - along with the amendments introduced - the Senate. The vast majority of the legislature amendments the Sejm adopted on 13 September last year and both laws hit the president's desk.
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The NRP informed on October 7 Ub.r. that the president had directed both laws to the TK before signing them. It was then informed that the President's assessment of the solutions adopted They accept the legal safety of citizens and may deprive them of many rights acquired following the Court’s case law.
According to the ruling coalition, both passed last summer's bill was to be a recipe for "healing" TK. Together with the resolution of the Sejm adopted last March and the proposal to amend the Constitution are a package - presented just over a year ago by then head of MS Adam Bodnar and politicians of the ruling coalition - a comprehensive improvement of the TK.
What is included in the improvement of the Constitutional Court?
The fresh Constitutional Tribunal Act assumes that the judges of the Court will be elected by Parliament by a majority of 3/5 votes in the presence of at least half of the statutory number of Members. Candidates are to be between 40 and 70 years old, and in the four-year period preceding the election they cannot hold the mandate of a Member, Senator or associate of the European Parliament, be a associate of the Council of Ministers or political parties. The regulation besides establishes a 14-day deadline for the President's taking of the judge's oath, counted from the date of election by the Sejm.
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The provisions implementing the Constitutional Tribunal Act contain transitional, adapting and repealing the current laws relating to the functioning of the Court. At the same time - as foreseen - issued in fresh years judgments of the Constitutional Tribunal in a composition involving "persons not entitled to judge" would be "important and non-productive". With respect to the current judges of the Constitutional Tribunal, it is provided that, after the entry into force of the fresh provisions, they could make statements that they are retiring. This anticipation would not apply to, as the law says, "the individual not entitled to judge".
The second is 1 of the arguments of the appeal. The regulations of the Act containing the introductory provisions - according to the president - lead to the calling of a "systemic chaos, which is impossible to foretell today" in turn the fresh Act on the Constitutional Tribunal, according to president Duda, contains provisions which, among others, are "inconsistent with the political position of the president of Poland and the rule of efficiency and reliability of public institutions and proportionality resulting from the preamble to the Constitution".
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