A dispute has arisen in Poland regarding the validity of appointments to the Constitutional Tribunal, with newly appointed judges addressing potential conflicts of interest.
Legal Challenges to New Tribunal Judges
Some legal circles have criticized Anna Korwin-Piotrowska and Krystian Markiewicz, arguing that Polish law prohibits simultaneously holding positions as a common court judge and a Constitutional Tribunal judge. Article 98, paragraph 2 of the Act on the Organization of Common Courts is central to this debate.
Korwin-Piotrowska’s Position on Appointment Validity
Anna Korwin-Piotrowska asserts that her appointment to the Constitutional Tribunal effectively terminated her position as a judge at the Opole Regional Court, stating this occurred no later than April 10, 2026. She characterized this as a technical transition of her role.
Korwin-Piotrowska sent a letter to Justice Minister Waldemar Żurek on Monday outlining her position. She confirmed submitting her oath of office to the Chancellery of the Constitutional Tribunal on April 10th.
Judges Address Potential Conflicts and Resignations
Korwin-Piotrowska stated she has no intention of resigning her position. She is currently in the process of transferring her duties as president of the Opole Regional Court following the expiration of that role. She explained that a resignation takes three months to take effect, and even then, wouldn’t resolve the issue.
Krystian Markiewicz has submitted his resignation as a common court judge, with agreement that he has not performed duties in that capacity since his selection by the Sejm on March 13th.
Constitutional Tribunal President Raises Concerns
Constitutional Tribunal President Bogdan Święczkowski believes the four individuals who took the oath in the Sejm – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – cannot yet fulfill the duties of Constitutional Tribunal judges, as the President has not yet accepted their oaths. He suggested they could visit the Tribunal’s library like any other citizen.
Practical Concerns: Access and Compensation
Markiewicz acknowledged the situation is uncomfortable, noting his preference for his own extensive home library. He also stated he would address the issue of compensation later, emphasizing their commitment to begin work.
Korwin-Piotrowska pointed out that every employee is entitled to remuneration for being ready to work, even if prevented from doing so.
