Constitutional Tribunal Deadlock: Prof. Marek Safian Proposes a Solution

Former Constitutional Tribunal President Prof. Marek Safian suggests that judges could resolve the current impasse and potentially remove current President Bogdan Święczkowski by convening sessions outside the Tribunal’s official headquarters.

A Path to Overcoming the Deadlock

Bogdan Święczkowski, the President of the Constitutional Tribunal, could soon be removed from office if a new majority is formed among the judges. According to Prof. Marek Safian, this would require judges to meet and deliberate outside the Tribunal’s official premises, as the physical location is secondary to the legality of the proceedings.

Legal experts, including Prof. Wojciech Sadurski, have previously argued that bypassing the current President is possible if the judges convene independently. Prof. Safian agrees that the location does not determine the Tribunal’s composition or its ability to act, noting that off-site meetings are a viable procedural option.

Challenges to Formal Implementation

While the proposal offers a theoretical way forward, off-site meetings face significant obstacles, as current Polish law does not provide a specific procedure for such sessions. Despite this, Prof. Safian insists that the current situation is a deep systemic pathology that must be resolved immediately to restore constitutional order.

The former President emphasized that it is unacceptable for judges who were legally elected by Parliament to be prevented from assuming their duties. He believes the restoration of a constitutionally compliant state is urgent.

Addressing Tribunal Composition and EU Rulings

Prof. Safian argues that the impasse must also be analyzed in the context of the current composition of the Tribunal. He maintains that the participation of two disputed judges, often referred to as “doublers,” should not be considered in the Tribunal’s proceedings.

Furthermore, he cited a 2025 ruling by the Court of Justice of the European Union, which indicated that irregularities in the appointment of judges and the Tribunal President have compromised the institution’s independence and impartiality. Safian believes this ruling provides a clear basis for urgent reforms.

Removal Procedures for the Tribunal President

Tribunal judges serve nine-year terms, meaning Bogdan Święczkowski is currently set to remain in office until February 2031, with his term as President concluding in December 2030. Removal from the presidency is strictly regulated and requires a resolution by the General Assembly of Judges.

Dismissal may only occur upon the resignation of the President, in the event of a severe illness preventing the performance of duties, or if the individual loses the required impeccable character. The motion requires a two-thirds majority in the presence of at least half of the total number of judges.