The status of a Sejm Deputy or Senator deprived of liberty Kp 2/25
Ref. No. Kp 2/25
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 1 October 2025
The Constitutional Tribunal, composed of:
Bogdan Święczkowski – Presiding Judge
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski – Judge Rapporteur,
Bartłomiej Sochański
Jakub Stelina
Wojciech Sych
Michał Warciński
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki,
Recording Clerk – Agnieszka Krawczyk,
having considered – in the presence of the applicant, at the hearings held on 9 July and 1 October 2025 – the application lodged on the basis of Article 122(3) of the Polish Constitution by the President of the Republic of Poland, for the Constitutional Tribunal to consider the conformity of:
(1) Article 1(1) of the Bill of 21 February 2025 adopted by the Sejm to amend the Act on the Exercise of the Mandates of Sejm Deputies and Senators, insofar as it assigns a new meaning to Article 5a of the Act of 9 May 1996 on the Exercise of the Mandates of Sejm Deputies and Senators (Journal of Laws – Dz. U. of 2024, item 907) in the part comprising paras 1 and 3,
(2) Article 2 of the Bill of 21 February 2025 adopted by the Sejm to amend the Act on the Exercise of the Mandates of Sejm Deputies and Senators, insofar as it makes reference to Article 23(10a) of the Act of 9 May 1996 on the Exercise of the Mandates of Sejm Deputies and Senators
– to Article 7, Article 118(1), Article 119(1) and Article 121(2) of the Constitution, in view of the fact that the scope of the amendments adopted by the Senate has exceeded the scope of the subject-matter of the Bill adopted by the Sejm,
adjudicates as follows:
I
(1) Article 1(1) of the Bill of 21 February 2025 adopted by the Sejm to amend the Act on the Exercise of the Mandates of Sejm Deputies and Senators, insofar as it assigns a new meaning to Article 5a of the Act of 9 May 1996 on the Exercise of the Mandates of Sejm Deputies and Senators (Journal of Laws – Dz. U. of 2024, item 907) in the part comprising paras 1 and 3,
(2) Article 2 of the Bill of 21 February 2025 adopted by the Sejm to amend the Act on the Exercise of the Mandates of Sejm Deputies and Senators, insofar as it makes reference to Article 23(10a) of the Act of 9 May 1996 on the Exercise of the Mandates of Sejm Deputies and Senators
– are inconsistent with Article 7, Article 118(1), Article 119(1) and Article 121(2) of the Constitution of the Republic of Poland, in view of the fact that the scope of the amendments adopted by the Senate has exceeded the scope of the subject-matter of the Bill adopted by the Sejm.
II
The provisions indicated in part I are inextricably linked with the entire Act.
The ruling was unanimous.
Bogdan Święczkowski
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Bartłomiej Sochański
Jakub Stelina
Wojciech Sych
Michał Warciński
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki