Polish MPs will vote on opposition-nominated candidates for six vacant Constitutional Tribunal seats this Friday.
Vacancies and Candidate Refusals
On Friday, the Sejm will revisit filling six vacancies on the Constitutional Tribunal. While government representatives acknowledge the need to appoint new judges, no potential candidates have been publicly named. Informal discussions suggest potential nominees from the ruling coalition refuse to associate with what they view as a discredited institution, citing no chance to rebuild its authority while Bogdan Święczkowski, linked to PiS, leads the Tribunal until 2031.
The opposition has long submitted its own candidates for the Constitutional Court, and it is these nominations that will face a vote during Friday’s plenary session.
Controversial PiS Nominations
Lawmakers from PiS have nominated two candidates: Artur Kotowski and Marek Ast. The latter nomination is particularly contentious due to Ast being an active PiS politician. Patryk Jaskulski from KO commented: “I am full of admiration for PiS club members for nominating active politicians to the TK. Full recognition for their consistency in ruining the authority of this chamber.”
This remark provoked a reaction from PiS MPs. Paweł Jabłoński countered that the ruling coalition is deliberately trying to extinguish the Tribunal by failing to appoint judges as required by law and constitution. “You simply want to extinguish the TK because you don’t control it,” he stated.
Questioning on KRS and TK Rulings
During a calmer December commission vote, both candidates were present. Tomasz Zimoch questioned them about their stance on a TK ruling questioning the constitutionality of public financial disclosure rules for judges and the types of motions the KRS can submit to the TK.
Kotowski, representing the Supreme Court’s Study Office in the case, declined detailed comment. Ast affirmed his support for public transparency but stressed the binding nature of court rulings. Kotowski cited German Federal Constitutional Court jurisprudence, while Ast stated the KRS can submit motions on judicial independence and potentially broader justice system issues, including those challenging EU rulings exceeding jurisdiction.