The Bill adopted by the Parliament to amend the Act on the National Council of the Judiciary Kp 2/24
Ref. No. Kp 2/24
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 20 November 2025
The Constitutional Tribunal, composed of:
Bogdan Święczkowski – Presiding Judge
Krystyna Pawłowicz – Judge Rapporteur
Stanisław Piotrowicz
Justyn Piskorski
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 5 June and 20 November 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) the whole Bill of 12 July 2024 adopted by the Polish Parliament to amend the Act on the National Council of the Judiciary to Article 7 in conjunction with Article 4(2) in conjunction with Article 104(1) in conjunction with Article 96(1) of the Constitution;
(2) Article 2(2) of the Bill referred to in point 1 to Article 187(1)(2) and Article 187(4), in conjunction with Article 32, Article 179 in conjunction with Article 144(3)(17) as well as in conjunction with Article 10(1), Article 178(1), Article 173, Article 7 of the Constitution;
(3) Article 3 of the Bill referred to in point 1 to Article 2 as well as Article 187(3) in conjunction with Article 187(1)(2) of the Constitution;
(4) Article 1(3) of the Bill referred to in point 1 – within the scope of Article 11l(8)–(10) and Article 11t(1)–(4) added to the Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws – Dz. U. of 2021, item 269, as amended) – to Article 184 in conjunction with Article 177 as well as in conjunction with Article 183(2) and Article 45(1) in conjunction with Article 31(3) of the Constitution,
adjudicates as follows:
1. Article 2(2) of the Bill of 12 July 2024 adopted by the Polish Parliament to amend the Act on the National Council of the Judiciary to Article 187(1)(2) and Article 187(4), in conjunction with Article 32, Article 179 in conjunction with Article 144(3)(17) as well as in conjunction with Article 10(1), Article 178(1), Article 173, Article 7 of the Constitution of the Republic of Poland.
2. Article 3 of the Bill referred to in point 1 is inconsistent with Article 2 as well as Article 187(3) in conjunction with Article 187(1)(2) of the Constitution.
3. Article 1(3) of the Bill referred to in point 1 – within the scope of Article 11l(8)–(10) and Article 11t added to the Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws – Dz. U. of 2021, item 269, as amended) – is inconsistent with Article 184 in conjunction with Article 177 as well as in conjunction with Article 183(2) and Article 45(1) in conjunction with Article 31(3) of the Constitution.
4. The Bill referred to in point 1 is inconsistent with Article 7 in conjunction with Article 4(2) in conjunction with Article 104(1) in conjunction with Article 96(1) of the Constitution.
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 (dissenting opinion)
Rafał Wojciechowski (dissenting opinion)
Jarosław Wyrembak
Andrzej Zielonacki