Constitutional Court and National Council of the Judiciary in Escalating Standoff

The National Council of the Judiciary (KRS) and the Constitutional Tribunal (TK) have issued conflicting public statements, deepening a constitutional crisis over the status and seating of newly elected judges.

Conflicting Positions on Judicial Independence

In a formal statement, the National Council of the Judiciary (KRS) asserted that any actions preventing judges elected to the Constitutional Tribunal from assuming office violate their judicial independence. The Council noted that several judges elected in March remain unable to fulfill their official duties.

The Constitutional Tribunal responded by issuing a safeguard order, declaring the KRS statement regarding the status of these individuals “unlawful.” The Tribunal emphasized that the KRS lacks the authority to monitor the composition of the TK, and urged the Council to refrain from interfering until a final ruling on the constitutionality of the KRS appointment process is reached.

Dispute Over Constitutional Status

The KRS argues that under the constitution, a person elected by the Sejm becomes a judge the moment the selection is made. They claim that preventing these individuals from performing their duties results in improper composition of all judicial panels within the Tribunal, effectively shortening the constitutional terms of the affected judges.

Conversely, the Constitutional Tribunal maintains that those who have not properly taken an oath before the President cannot be considered judges. TK President Bogdan Święczkowski stated that he is not obstructing the judges’ duties, but rather acknowledging that no employment relationship was legally established for four of the six candidates elected in March.

International and Procedural Complications

The dispute has drawn the attention of the European Court of Human Rights (ECHR), which issued an interim measure in May ordering Poland to cease hindering the affected judges from assuming their roles. While the Ministry of Foreign Affairs has signaled that the government considers these individuals to be judges, the TK maintains that its internal procedures are consistent with domestic law.

The conflict traces back to May, when the Sejm elected 15 members to the KRS despite a pending TK safeguard order. This prompted the Sejm to pass a resolution in March questioning the legitimacy of certain sitting TK judges, further fracturing the legal landscape in which both institutions operate.