Polish ruling party files urgent request to pause judicial appointments pending court review.
PiS Constitutional Court Filing
On March 9, Law and Justice (PiS) lawmakers submitted a request to the Constitutional Court compelling the Sejm to suspend judge elections. The politicians aim for the Tribunal to first rule on their challenge to parliamentary procedures for appointing constitutional judges. A hearing has been set for March 17.
Marcin Warchoł on the Request
PiS MP Marcin Warchoł stated the ongoing selection process poses “a serious risk of electing judges based on unconstitutional provisions.” He emphasized the need for the court to order the Sejm to halt appointments, stressing the importance of invalidating actions taken against such a ban.
Vacancy Criticism
In the application, PiS MPs cited potential violation of Article 30(4) of the Sejm’s regulations. According to Sejm Marshal Włodzimierz Czarzasty’s March 9 letter, candidate nominations were due March 11, with possible voting occurring “this week” by March 13. PiS noted this could bypass the seven-day distribution period for candidacy documents unless otherwise decided.
Warchoł criticized previous delays, stating: “For two years, no TK judges were elected at all. They holed up these vacancies while the Constitution mandates filling them as they arise. Now they want to do it wholesale, en masse, overnight… They want to shorten this seven-day period.”
Waldemar Żurek on Judicial Appointments
Justice Minister Waldemar Żurek, in late February, confirmed ongoing discussions regarding TK candidates. He highlighted his role in persuading the ruling coalition to rebuild the Tribunal by electing “six independent jurists who could reform the institution.”
Constitutional Court Election Rules
The Sejm elects TK judges for nine-year terms requiring an absolute majority vote and at least half of statutory deputies present. Per regulations, nominations must be submitted by at least 50 MPs or the Sejm Presidium, with deadlines set by the Marshal.
A March 2024 Sejm resolution emphasized that implementing TK rulings issued unlawfully could constitute legal violations. It also ruled that current justices Jarosław Wyrembak and Justyn Piskorski lack legitimacy. Since then, TK rulings haven’t been published in the Journal of Laws, with the government stating such publication could perpetuate a rule-of-law crisis.
