Poland’s ruling coalition plans to fill six Constitutional Tribunal vacancies but faces possible presidential rejection, with a backup plan already in place.
Six Vacancies, Soon to Be Nine
Poland’s Constitutional Tribunal currently has six vacancies because the Coalition of October 15 has not yet appointed successors to judges whose terms have ended consecutively. Only the Law and Justice party has nominated candidates, but they have consistently failed in Sejm votes. However, this could change in February as the ruling camp sees an opportunity to gain majority in the tribunal this year.
Two more judges’ terms will expire this year: Andrzej Zielonacki and the so-called “double” Justyn Piskorski, and at the beginning of next year, Jarosław Wyrembak, also a “double.”
Decision on Filling Vacancies Already Made
The decision to begin filling the TK vacancies was made last year, and according to politicians in the coalition, there are already willing candidates to sit in the tribunal. “I think that in the near future I will be launching this procedure,” says Sejm Marshal Włodzimierz Czarzasty when asked when we can expect the election of new tribunal judges.
Coalition Meeting to Finalize Candidates
Soon, according to our findings, there will be a coalition meeting where the final decision on specific candidates for the TK will be made. All clubs are to submit their representatives: KO, Lewica, PSL, and Polska 2050. “My intuition tells me that these will really strong names—ones that will be even difficult for the president to challenge,” says a KO parliamentarian.
Candidates Being Prepared
The Left already has preliminary candidate proposals, although in this club we heard that there are not many lawyers with achievements who want to sit in the TK due to the presence of so-called “doubles” and former PiS politicians there: Stanisław Piotrowicz and Bogdan Święczkowski. In the Civic Coalition, however, Wednesday’s statement by the head of the Left club Anna Maria Żukowska to Radio Zet that TK candidates should “mentally fit into the 21st century” caused irritation.
“I hope the Left does not intend to nominate some radicals to the TK, because then we will have a problem with such a choice,” says a KO parliamentarian to us.
Will the President Say “No” to New Judges?
The ruling camp, which Sejm Marshal Czarzasty also admits, is seriously considering the situation in which President Karol Nawrocki, using the precedent created over a decade ago by Andrzej Duda, may refuse to swear in nominees from the current government. “We assume various scenarios, we have also thought through various behaviors in case these scenarios occur,” assures Czarzasty.
“Plan B” in Case of Presidential Rejection
As we hear, the “Plan B” being considered in case of a presidential refusal could be for the newly elected judge to take the oath in writing with a notarized signature. Such a document could be sent to the Presidential Chancellery and to the Sejm Marshal. A similar solution was already in the new TK law passed two years ago. It was introduced precisely in case the head of state fails to swear in judges. However, the law did not come into force because then-President Andrzej Duda sent it to the TK, and the tribunal found it unconstitutional.
“The written oath” was also mentioned in December by Justice Minister Waldemar Żurek on Radio Zet. “Lawyers say that this is legally permissible,” convinced the head of the MS, although – as he added – he does not decide whether this solution will actually be applied.
Effectiveness of “Plan B” Questioned
However, our interlocutors in the ruling coalition admit that a written oath may prove ineffective if TK President Bogdan Święczkowski does not admit the newly elected judges to adjudicate. He, according to the current law on the organization and procedure before the Constitutional Tribunal, manages the work of this institution and assigns judicial panels to individual cases. “Then the crisis in this institution will continue,” politicians of the Coalition of October 15 admit unanimously.
Rulings Still Not Published?
The possible filling of the TK composition will probably not change anything regarding TK rulings that the government has not published since 2024. “Self-completion of the tribunal composition will not change the situation that was there so far,” convinces one of the KO politicians. Only rulings of the new TK composition would be published.
Background to the Constitutional Tribunal Crisis
The crisis in the Constitutional Tribunal began at the end of 2015 – then President Andrzej Duda refused to swear in three judges, elected by the Sejm of the VII term, in which PO and PSL had the majority. He instead swore in lawyers indicated by the new PiS parliamentary majority. These are so-called doubles. There are still two such persons in the TK, as during the term two of the originally elected “doubles” died (Lech Morawski and Henryk Cioch, and they were replaced by Justyn Piskorski and Jarosław Wyrembak). The term of the third so-called “double” expired at the end of 2024.
