Polish judge Krystyna Pawłowicz was denied severance and other compensation after her early retirement from the Constitutional Tribunal on 5 December 2023, despite legal entitlement.
Early Retirement and Severance Denial
Krystyna Pawłowicz retired on 5 December 2023, while her nine‑year term was scheduled to run until 2028. The General Assembly of Tribunal Judges shortened her mandate at her own request. In the statement released, the PiS MP cited health reasons, claiming the Tribunal’s aggression had irreversibly affected her health. However, Fakt reports that she received no severance or allowance upon retirement, even though the law guarantees such benefits to retiring judges.
Tribunal’s Response to Severance Complaint
After the tabloid contacted the Tribunal’s press office, the office replied that the Prime Minister’s refusal to activate general reserve funds to cover State Treasury obligations linked to retirement meant Judge Pawłowicz received no payments upon retirement, contravening the law. Fakt noted that the Tribunal’s budget for judges’ salaries was zeroed in November last year, and Pawłowicz is not receiving any pension from ZUS or other benefits.
Remaining Judges and Upcoming Vacancies
Following Pawłowicz’s exit, the Constitutional Tribunal will have ten judges. On 20 December, Michał Warciński will retire, creating six vacancies. The Sejm is expected to elect new judges, but the governing coalition has so far withheld nominations because Law and Justice had selected two “shadow judges” for previously filled seats.
Crisis Over “Shadow Judges” and Legitimacy
The selection of shadow judges sparked a crisis that questioned the legitimacy of certain judges and the legality of their rulings. In March last year, the Sejm passed a resolution removing the effects of this crisis, declaring that appointments of shadow judges lack legal force and that their judgments are legally defective.
Leadership of the Tribunal
Bogdan Święczkowski is the President of the Constitutional Tribunal. He was a close associate of Zbigniew Ziobro, who served as Chief Prosecutor during the Law and Justice government. The Tribunal is composed of 15 judges, each serving nine‑year terms.
