The 2025 State Budget Act K 2/25
Ref. No. K 2/25
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 6 May 2025
The Constitutional Tribunal, composed of:
Rafał Wojciechowski – Presiding Judge
Krystyna Pawłowicz
Stanisław Piotrowicz
Bogdan Święczkowski – Judge Rapporteur
Andrzej Zielonacki,
Recording Clerk – Agnieszka Krawczyk,
having considered, at the hearing on 6 May 2025 – in the presence of the applicant – the application by the President of the Republic of Poland, lodged with the Constitutional Tribunal for it to consider the conformity of:
(1) Article 1(2) of the2025 State Budget Act of 9 January 2025 (Journal of Laws – Dz. U., item 63), in the part concerning Annex no. 2 part 06 – the Constitutional Tribunal, with Article 10, Article 188 and Article 189 in conjunction with Article 194(1) and Article 195(2) of the Constitution;
(2) Article 1(2) of the Act referred in point 1, in the part concerning Annex no. 2 part 52 – the National Council of the Judiciary, with Article 10, Article 186 and Article 179 in conjunction with Article 187 of the Constitution;
adjudicates as follows:
1. Article 1(2) of the 2025 State Budget Act of 9 January 2025 (Journal of Laws – Dz. U., item 63), in the part concerning Annex no. 2 part 06 on the Constitutional Tribunal – insofar as it determines a lower expenditure ceiling for the Constitutional Tribunal than the amount set in the 2025 State Budget Bill, submitted to the Sejm by the Council of Ministers on 30 September 2024, as a result of which the challenged provision limits the Constitutional Tribunal’s possibility of performing its constitutionally specified tasks – is inconsistent with Article 10, Article 188 and Article 189 in conjunction with Article 195(2) of the Constitution of the Republic of Poland.
2. Article 1(2) of the Act referred to in point 1, in the part concerning Annex no. 2 part 52 on the National Council of the Judiciary – insofar as it determines a lower expenditure ceiling for the National Council of the Judiciary (NCJ) than the amount set in the 2025 State Budget Bill, submitted to the Sejm by the Council of Ministers on 30 September 2024, as a result of which the challenged provision limits the NCJ’s possibility of performing its constitutionally specified tasks – is inconsistent with Article 10, Article 179 and Article 186 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Rafał Wojciechowski
Krystyna Pawłowicz
Stanisław Piotrowicz
Bogdan Święczkowski
Andrzej Zielonacki