Poland’s governing coalition moves to fill six Constitutional Court vacancies, setting up showdown with president over appointments.
Vacancy Crisis
Six seats remain vacant at Poland’s Constitutional Tribunal (TK), some since December 2024, as governing parties hesitated to fill them. The TK currently comprises only nominees from the ruling Law and Justice (PiS) party, led by President Bogdan Święczkowski, a former PiS politician and National Prosecutor.
The situation shifted late last year as vacancies increased following Justice Krystyna Pawłowicz’s retirement. Ruling parties realized they could fill the majority of TK seats (nine total) before the current parliamentary term ends, including three more departures in 2025: Andrzej Zielonacki, Justyn Piskorski, and Jarosław Wyrembak.
PiS Legal Maneuver
PiS, having unsuccessfully nominated candidates like Professor Artur Kotowski and MP Marek Asta previously, now challenges TK selection rules. In February, PiS MPs challenged provisions linking TK judge selection to Sejm regulations and requiring the president to administer oaths.
The TK is scheduled to review PiS’s petition on March 17, possibly earlier to address a March 9 request for an injunction blocking new appointments until TK judges the constitutionality of the relevant law. Precedent exists: President Andrzej Duda refused oaths to three 2015 opposition nominees.
Coalition’s Determination
Coalition 15 October vows to fill the TK regardless of President Andrzej Duda’s potential successor, Tomasz Nawrocki. They plan to bypass potential refusals by allowing written oaths before the National Assembly, an option previously discussed by former TK President Ewa Łętowska.
Coalition MPs dismiss TK President Święczkowski’s ability to block new judges, noting they have contingency plans. “President Święczkowski may be sturdy, but he can’t block all the doors,” stated one source.
Sejm Election Push
Sejm Marshal Włodzimierz Czarzasty initiated proceedings on March 9 to fill six TK vacancies, with candidate nominations due by March 12. The governing coalition nominated six jurists: Krystian Markiewicz, Anna Korwin-Piotrowska, Maciej Taborowski, Magdalena Bętkowska, Marcin Dziurda, and Dariusz Szostek.
PiS intends to submit three candidates: Artur Kotowski, Marek Ast, and Michał Skwarzyński. The coalition also plans a resolution challenging Święczkowski’s authority over the TK.
