A Supreme Court judge’s obligation to retire after reaching a specified age K 5/25
Ref. No. K 5/25
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 26 November 2025
The Constitutional Tribunal, composed of:
Krystyna Pawłowicz – Presiding Judge
Stanisław Piotrowicz
Bartłomiej Sochański
Bogdan Święczkowski – Judge Rapporteur
Andrzej Zielonacki,
Recording Clerk – Grażyna Szałygo,
having considered, at the hearing on 26 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:
(1) Article 37(1) in conjunction with Article 129a(1) of the Supreme Court Act of 8 December 2017 (Journal of Laws – Dz. U. of 2024, item 622);
(2) Article 129a(2) of the Act referred to in point 1, in the part comprising the wording “who took up the office of a judge of the Supreme Court before the entry into force of the Supreme Court Act of 21 November 2018 (Journal of Laws – Dz. U., item 2507)”;
– to Article 32(1) in conjunction with Article 180(4), in conjunction with Article 67(1), Article 65(1) as well as Article 2 of the Constitution;
adjudicates as follows:
(1) Article 37(1) in conjunction with Article 129a(1) of the Supreme Court Act of 8 December 2017 (Journal of Laws – Dz. U. of 2024, item 622);
(2) Article 129a(2) of the Act referred to in point 1, in the part comprising the wording “who took up the office of a judge of the Supreme Court before the entry into force of the Supreme Court Act of 21 November 2018 (Journal of Laws – Dz. U., item 2507)”
– are inconsistent with Article 32(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Krystyna Pawłowicz
Stanisław Piotrowicz
Bartłomiej Sochański
Bogdan Święczkowski
Andrzej Zielonacki (dissenting opinion)