Public disclosure of the asset declarations of judges and assistant judges as well as the obligation to inform about assets constituting part of conjugal property K 2/23
Ref. No. K 2/23
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 2 December 2025
The Constitutional Tribunal, composed of:
Stanisław Piotrowicz – Presiding Judge
Krystyna Pawłowicz
Bartłomiej Sochański – Judge Rapporteur
Rafał Wojciechowski
Jarosław Wyrembak,
Recording Clerk – Grażyna Szałygo,
having considered, at the hearing on 27 November 2025 – in the presence of the applicant – the application by the First President of the Supreme Court, lodged with the Constitutional Tribunal for it to consider the conformity of:
I.
(1) Article 87(6) and (6a) of the Act of 27 July 2001 on the Organisational Structure of Common Courts (Journal of Laws – Dz. U. of 2020, item 2072, as amended);
(2) Article 106zg(1) in conjunction with Article 87(6) and (6a) of the Act referred to in point I.1;
(3) Article 8(1) of the Act of 25 July 2002 on the Organisational Structure of Administrative Courts (Journal of Laws – Dz. U. of 2021, item 137, as amended) in conjunction with Article 87(6) and (6a) of the Act referred to in point I.1;
(4) Article 28(5) and (5a) of the Act of 21 August 1997 on the Organisational Structure of Military Courts (Journal of Laws – Dz. U. of 2020, item 1754, as amended);
(5) Article 45(1) of the Act of 8 December 2017 on the Supreme Court (Journal of Laws – Dz. U. of 2021, item 1904, as amended) in conjunction with Article 87(6) and (6a) of the Act referred to in point I.1;
(6) Article 14(7) of the Act of 30 November 2016 on the Status of Judges of the Constitutional Tribunal (Journal of Laws – Dz. U. of 2018, item 1422);
– to Article 47 and Article 51(2) in conjunction with Article 31(3) as well as to Article 18 of the Constitution of the Republic of Poland.
II.
(1) Article 87(1) of the Act referred to in point I.1;
(2) Article 106zg(1) in conjunction with Article 87(1) of the Act referred to in point I.1;
(3) Article 8(1) of the Act referred to in point I.3 in conjunction with Article 87(1) of the Act referred to in point I.1;
(4) Article 28(1) of the Act referred to in point I.4;
(5) Article 45(1) of the Act referred to in point I.5 in conjunction with Article 87(1) of the Act referred to in point I.1;
(6) Article 14(1) of the Act referred to in point I.6;
– insofar as they introduce the obligation to submit declarations of assets constituting part of conjugal property – to Article 47 and Article 51(2) in conjunction with Article 31(3) as well as Article 18 of the Constitution;
adjudicates as follows:
(1) Article 87(6) and (6a) in conjunction with Article 106zg(1) of the Act of 27 July 2001 on the Organisational Structure of Common Courts (Journal of Laws – Dz. U. of 2024, item 334, as amended);
(2) Article 8(1) of the Act of 25 July 2002 on the Organisational Structure of Administrative Courts (Journal of Laws – Dz. U. of 2024, item 1267) in conjunction with Article 87(6) and (6a) of the Act on the Organisational Structure of Common Courts;
(3) Article 28(5) and (5a) of the Act of 21 August 1997 on the Organisational Structure of Military Courts (Journal of Laws – Dz. U. of 2025, item 1614);
(4) Article 45(1) of the Act of 8 December 2017 on the Supreme Court (Journal of Laws – Dz. U. of 2024, item 622) in conjunction with Article 87(6) and (6a) of the Act on the Organisational Structure of Common Courts;
(5) Article 14(7) of the Act of 30 November 2016 on the Status of Judges of the Constitutional Tribunal (Journal of Laws – Dz. U. of 2018, item 1422);
– are inconsistent with Article 47 as well as Article 51(2) in conjunction with Article 31(3), as well as with Article 18 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Stanisław Piotrowicz
Krystyna Pawłowicz
Bartłomiej Sochański
Rafał Wojciechowski
Jarosław Wyrembak