Proposing and scrutinising candidates for judicial vacancies in the procedure preceding the Sejm’s election of judge-members to the National Council of the Judiciary K 8/26
Ref. No. K 8/26
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 16 April 2026
The Constitutional Tribunal, composed of:
Stanisław Piotrowicz – Presiding Judge
Bartłomiej Sochański
Jakub Stelina
Bogdan Święczkowski – Judge Rapporteur
Rafał Wojciechowski,
Recording Clerk – Agnieszka Krawczyk,
having considered, at the hearing on 16 April 2026 – in the presence of the applicant – the application by the National Council of the Judiciary, lodged with the Constitutional Tribunal for it to consider the conformity of:
1) Article 11b(8) in conjunction with Article 11b(5) and (6) of the Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws – Dz. U. of 2024, item 1186) to Article 60 in conjunction with Article 31(3) and Article 32(1), Article 45, as well as to Article 2 and Article 10 of the Constitution;
2) Article 11b(5) and (6) of the Act referred to in point 1 to Article 60 in conjunction with Article 31(3) and Article 32(1), Article 45, as well as to Article 2 and Article 10 of the Constitution;
3) Article 11a(8) referred to in point 1 to Article 60 in conjunction with Article 31(3) and Article 32(1), Article 45, as well as to Article 2 and Article 10 of the Constitution;
adjudicates as follows:
1. Article 11b(8) of the Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws – Dz. U. of 2024, item 1186) –insofar as it grants the Minister of Justice the exclusive power to confirm the status of a judge with regard to persons supporting the proposal of a candidate to the National Council of the Judiciary – is inconsistent with Article 60 in conjunction with Article 31(3) and Article 32(1) as well as Article 2 and Article 10 of the Constitution of the Republic of Poland.
2. Article 11b(6) in conjunction with Article 11b(5) of the Act referred to in point 1 – insofar as it stipulates that the Supreme Court’s failure to consider a complaint pertaining to the relevant decision of the Marshal of the Sejm [i.e. the Speaker] within the time-limit of three days results in the ex lege discontinuance of the relevant proceedings before the Supreme Court, and the said Marshal’s decision to reject a proposal becomes binding – is inconsistent with Article 45(1) in conjunction with Article 2 of the Constitution.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Stanisław Piotrowicz
Bartłomiej Sochański
Jakub Stelina (dissenting opinion)
Bogdan Święczkowski
Rafał Wojciechowski