Two Bills adopted by the Sejm with regard to the Constitutional Tribunal Kp 3/24
Ref. No. Kp 3/24
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 29 July 2025
The Constitutional Tribunal, composed of:
Bogdan Święczkowski – Presiding Judge
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Bartłomiej Sochański – Judge Rapporteur
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 on 2 April and 29 July 2025 – the joined applications 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:
I.
1. Article 7(2)(10) in conjunction with Article 54(1) and (2) of the Constitutional Tribunal Bill of 13 September 2024, adopted by the Sejm, to Article 2, Article 188 and Article 197 of the Constitution as well as to the principle of diligence and efficiency in the work of public institutions, arising from the Preamble to the Constitution,
2. Article 16(2) of the Bill referred to in part I point 1 of the application to Article 194(1) in conjunction with Article 2 and in conjunction with Article 7 of the Constitution;
3. Article 17(2) of the Bill referred to in part I point 1 of the application – insofar as, with regard to the person who has exercised the office of the President of the Republic of Poland, it introduces the prohibition against applying as a candidate for the office of a judge of the Constitutional Tribunal before the lapse of 4 years from the end of the said person’s presidential term – to Article 126(1) and (2) as well as to Article 127(1) and (3) of the Constitution;
4. Article 19(5) in conjunction with Article 16(1) of the Bill referred to in part I point 1 of the application – where the challenged provisions, due to the adoption of sufficiently specified time-frame of “forthwith actions” to be taken by the persons and entities participating in the process of giving opinions and electing judges to the Constitutional Tribunal, do not guarantee the fulfilment of the constitutional requirement that the Sejm should constantly guarantee the full composition of the Constitutional Tribunal (i.e. 15 judges) – to Article 194(1) of the Constitution;
5. Article 20(2) of the Bill referred to in part I point 1 – insofar as it sets, for the President of the Republic of Poland, the time-limit for making it possible for a judge of the Constitutional Tribunal to take the solemn oath of office “no later than 14 days from the date of the Sejm’s election [of the said judge]” – to Article 126(2) and (3) in conjunction with the Preamble to the Constitution and Article 2 of the Constitution;
6. Article 20(3) of the Bill referred to in part I point 1 of the application to Article 7 and Article 126(3) of the Constitution;
7. Article 34(1) and (4) as well as article 35(2) in conjunction with Article 35(3) of the Bill referred to in part I point 1 of the application – insofar as those provisions authorise retired judges of the Constitutional Tribunal to institute and conduct disciplinary proceedings as well as to determine the disciplinary responsibility of judges of the Constitutional Tribunal – to Article 194(1), Article 10(1) and (2) as well as Article 173 of the Constitution;
II.
1. Article 10 of the Bill of 13 September 2024 – the Introductory Provisions to the Constitutional Tribunal Act, adopted by the Sejm, to Article 190(1) as well as Article 173 in conjunction with Article 10 and Article 7 of the Constitution;
2. Article 10, Article 11 and Article 12 of the Bill referred to in part II point 1 of the application to Article 2 as well as Article 7 of the Constitution;
3. Article 10(1), Article 11(1), Article 12(2) and Article 15(2) of the Bill referred to in part II point 1 of the application – insofar as those provisions comprise the concept of ‘a person unauthorised to adjudicate’ – to Article 194(1) as well as Article 195(1) in conjunction with Article 10 of the Constitution;
4. Article 14(1) of the Bill referred to in part II point 1 of the application to Article 2, Article 7, Article 10, Article 173 as well as Article 194(2) in conjunction with Article 144(3)(21) of the Constitution,
adjudicates as follows:
I
1. Article 7(2)(10) in conjunction with Article 54(1) and (2) of the Constitutional Tribunal Bill of 13 September 2024, adopted by the Sejm, are inconsistent with Article 2 in conjunction with Article 188 of the Constitution of the Republic of Poland as well as with the principle of diligence and efficiency in the work of public institutions, arising from the Preamble to the Constitution, in conjunction with Article 197 of the Constitution.
2. Article 16(2) of the Bill referred to in point 1 is inconsistent with Article 194(1) in conjunction with Article 2 as well as in conjunction with Article 7 of the Constitution.
3. Article 20(2) and (3) of the Bill referred to in point 1 is inconsistent with Article 7 in conjunction with Article 126(2) and (3) of the Constitution as well as with the principle of diligence and efficiency in the work of public institutions, arising from the Preamble to the Constitution, arising from the Preamble to the Constitution.
4. Article 34(1) and (4) as well as Article 35(2) in conjunction with Article 35(3) of the Bill referred to in point 1 –insofar as those provisions authorise retired judges of the Constitutional Tribunal to institute and conduct disciplinary proceedings as well as to determine the disciplinary responsibility of judges of the Constitutional Tribunal – are inconsistent with Article 194(1), Article 10 as well as Article 173 of the Constitution.
II
The provisions enumerated in part I points 1 and 4 are inextricably linked with the entire Bill referred to therein.
III
1. Article 10 of the Bill of 13 September 2024 – the Introductory Provisions to the Constitutional Tribunal Act is inconsistent with Article 10, Article 173, Article 195(1) and Article 190(1) as well as with Article 7 of the Constitution.
2. Article 10, Article 11 as well as Article 12(2) and (3) of the Bill referred to in point 1 of this part of the judgment are inconsistent with Article 2 and Article 7 of the Constitution.
3. Article 10(1), Article 11(1), Article 12(2) and Article 15(2) of the Bill referred to in point 1 of this part of the judgment – insofar as those provisions comprise the concept of ‘a person unauthorised to adjudicate’ – are inconsistent with Article 194(1) as well as Article 195(1) in conjunction with Article 10 of the Constitution.
4. Article 14(1) of the Bill referred to in point 1 of this part of the judgment is inconsistent with Article 7, Article 10, Article 173 as well as with Article 194(2) in conjunction with Article 144(3)(21) of the Constitution.
IV
The provisions enumerated in part III are inextricably linked with the entire Bill referred to therein.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Bogdan Święczkowski
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Bartłomiej Sochański
Jakub Stelina (dissenting opinion)
Wojciech Sych (dissenting opinion)
Michał Warciński
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki (dissenting opinion)