Former Polish Constitutional Tribunal presidents warn that a new ruling aims to paralyze the court and deepen the constitutional crisis.
Aimed at Paralyzing the Court
The true goal of this request is to create the appearance of legitimacy for a future decision by the President of Poland to refuse the oaths taken by newly appointed judges by the Sejm. Consequently, it aims to block the possibility of filling judicial positions and thereby completely paralyze the process that is supposed to lead to the restoration of actual control over the constitutionality of law.
Unconstitutional Body Making the Decision
The ruling will be issued by an organ headed by Bogdan Świeczkowski. This body violates the existing standards of the rule of law, as has been determined by Polish and European courts, and most recently by the Court of Justice of the EU (ruling of December 18, 2025). It will open another space for conflict in our country, deepen the chaos and the sense of legal insecurity among citizens.
Political Instrumentalization
Instead of seeking effective instruments for repair, there will be an even more dangerous disruption of constitutional mechanisms than before. It is not possible to restore the rule of law through an organ acting without constitutional legitimacy and headed by a person chosen by judges deprived of legal status. The ruling, which is expected within a few weeks, directly aims to change the constitution by adding new presidential powers not provided for in its text.
Constitutional Process Clarified
In light of the Constitution (Article 194, paragraph 1), the only body appointing a judge of the Constitutional Tribunal is the Sejm. Taking the oath before the President is not an element of the procedure for selecting a TK judge, as this procedure ends with the adoption of a resolution by the Sejm. This means that a person elected as a judge of the Tribunal by the Sejm is a judge, and the failure to administer the oath to them does not change this status.
March 10 Hearing Raises Concerns
The hearing in the case initiated by a group of MPs has been scheduled for March 10 and will be considered by a five-member panel. This panel includes Stanisław Piotrowicz, who as an MP not only actively lobbied for the adoption by the Sejm of the provisions of the law on the status of Constitutional Tribunal judges that are being questioned today, but also represented the MPs requesting their enactment. This fact also clearly highlights the instrumental treatment of the Tribunal to achieve certain political goals.
Call for Resistance and Rule of Law
In this situation, we call on all communities and individuals involved in restoring the standards of the rule of law in our country to express decisive opposition to the intended action, which aims at further constitutional destabilization and deepening of the constitutional crisis.
Poland, in a world full of threats, with war at its borders and enormous international tensions, must build strong and lasting structures of the rule of law, because without this we will be unable to respond to the dramatic challenges that lie before us.
