Constitutional Tribunal Rules Presidential Appointments Do Not Require Countersignature

The Constitutional Tribunal ruled on Thursday, June 25, that the requirement for the Prime Minister’s countersignature on presidential judicial appointments, including Supreme Court positions, is unconstitutional and limits presidential prerogative.

Constitutional Tribunal decision on judicial appointments

The Constitutional Tribunal ruled that the requirement for a prime ministerial countersignature for the appointment of judicial assessors and specific Supreme Court officials, such as the General Assembly chair or presiding judges, is unconstitutional. The ruling clarifies that the President’s exercise of these powers is not dependent on the Prime Minister’s consent.

The court emphasized that this judgment applies to future actions and does not invalidate legal operations conducted under the previous norms before the date of its announcement. The ruling resulted from a January request filed by then-First President of the Supreme Court, Małgorzata Manowska.

Interpretation of presidential prerogatives

The Tribunal noted that while the constitution lists acts exempt from countersignatures, this list should not be interpreted literally. It identified a category of derivative actions, such as appointing assembly chairs or interim leaders, which are functionally necessary to exercise essential prerogatives like appointing judges.

The court argued that granting the government a countersignature instrument in matters of judicial staffing would allow the executive branch to influence a sphere from which it was intentionally excluded by the constitutional framers. Furthermore, it warned that such a requirement could be used to block judicial operations without legal accountability.

Dispute over tribunal legitimacy

Justice Minister Waldemar Żurek rejected the ruling, stating it could not be considered a legal judgment because the Tribunal’s composition and leadership are contested. He characterized the bench led by Bogdan Święczkowski as a flawed product of an improper procedure.

The Sejm passed a resolution in March 2024 declaring that applying rulings issued by a compromised Tribunal could violate the principle of legalism. Since that resolution, the government has ceased publishing Constitutional Tribunal rulings in the Journal of Laws.