Poland’s Sejm elected six new Constitutional Tribunal judges, with one Law and Justice MP voting against her party.
Justice Committee Recommendations
Before the vote, MP Patryk Jaskulski presented the opinions of the justice committee. Six candidates received positive opinions: Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska, Magdalena Bentkowska, and Dariusz Szostek. These were the candidates presented by the ruling coalition, who received support from the Sejm Presidency.
The opposition Law and Justice (PiS) nominated two candidates. One did not appear for a hearing before the justice committee and did not receive a positive opinion. The candidacy of Michał Skwarzyński received a positive opinion but did not obtain the required majority of votes.
Single Opposition Vote
Most PiS and Confederation MPs voted against the ruling party’s candidates, but there were minor deviations. For Maciej Taborowski, one PiS MP – Agnieszka Wojciechowska van Heukelom – voted in favor, while during the vote on Marcin Dziurda’s candidacy, PiS MP Joanna Lichocka abstained. Law and Justice and the two-person Democracy group voted for Artur Kotowski’s and Michał Skwarzyński’s candidacies.
Together Party Abstentions
In all eight votes, Together party MPs abstained. Marcelina Zawisza criticized the situation, stating: “Until now, this side did not recognize the Constitutional Tribunal. Now we have a switch. This side will not recognize the Constitutional Tribunal. This side will have its own chairman, and the other will recognize the previous one, whom you will elect. We won’t get out of this swamp.”
Zawisza added: “Solidarity could have made a deal with the communists, sat at one table and solved much more serious problems. People make deals after domestic wars where people die and can make a deal (…) so that the judiciary can function. And you? You only look at your party interests and citizens don’t interest you at all.”
Ongoing Dispute
Currently, nine out of fifteen judges sit on the Constitutional Tribunal. The status of the tribunal remains a subject of political dispute. In a resolution adopted in March 2024, the Sejm stated that taking into account in state activities rulings of the TK issued in violation of law may constitute a breach of the principle of legality.
The resolution also stated that two currently serving judges – Jarosław Wyrembak and Justyn Piskorski – are not legitimate TK judges. Since then, the tribunal’s rulings have not been published in the Journal of Laws. Politicians and commentators suggest that President Karol Nawrocki may not swear in the new judges.
Tribunal Resolution
The Sejm previously adopted a resolution regarding actions to ensure that the Constitutional Tribunal meets the standards of a legally appointed, independent, and impartial court. The document served as preparation before the selection of TK judges.
The resolution stated that the current tribunal no longer fulfills its role according to constitutional and international standards binding on Poland. In the Sejm’s view, this means the body has ceased to be an impartial and independent guardian of citizens’ constitutional rights. This assessment was confirmed by case law from the Supreme Court, Supreme Administrative Court, European Court of Human Rights, and Court of Justice of the European Union.