Poland’s Judicial Council files constitutional challenge against 2025 budget, claiming parliament intentionally cut funds to pressure constitutional bodies.
Secondary Unconstitutionality
The National Council of the Judiciary (KRS) argues that since the Constitutional Tribunal (TK) already ruled on similar provisions in May 2025, this year’s budget law containing the same measures is “secondarily unconstitutional.” The KRS claims that by deliberately reducing funding, the legislature is making it difficult or impossible for these constitutional bodies to perform their duties.
Budgetary Autonomy
The KRS reminds that the principle of budgetary autonomy for both the Council and the Tribunal stems from the public finance law, which requires the finance minister to include their revenues and expenditures in the budget bill as proposed by these bodies. This is meant to protect the independence of the courts and judges. The KRS emphasizes that the significant reduction in funds (from 34,389 thousand zł to 26,748 thousand zł) prevents it from financing its work, which constitutes the execution of its constitutional and legal competencies.
Attempt to Exert Pressure
In its filing, the KRS states that the contested budget law “serves as an instrument to exert pressure on the Constitutional Tribunal in its judicial activities, by providing insufficient state funds for the functioning of this constitutional body.” To support its claim that funds are being withdrawn to pressure these bodies into ceasing activities, the KRS cites a statement by Senator Kazimierz Klein from December 12, 2025. Klein suggested that the reduction was deliberate because both institutions were not properly fulfilling their tasks, their composition raised doubts, and they did not meet the requirements for these institutions. He added that if the situation in both institutions were to be rectified in the coming year, funds could be found for their salaries and maintenance from other budget sources. The KRS states that it cannot accept changes to the law resulting from illegal actions aimed at forcing constitutional bodies to cease activities, which Klein’s statement directly indicates.
