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Polish parliament prepares to fill constitutional court vacancies, official says

31.12.2025 22:00
Poland’s parliament is preparing to reopen the process of filling six vacancies on the Constitutional Tribunal, a move that could begin in January, an official has said.
The Warsaw headquarters of Polands Constitutional Tribunal.
The Warsaw headquarters of Poland's Constitutional Tribunal.Photo: PAP/Tomasz Gzell

Marek Siwiec, a senior aide to lower-house Speaker Włodzimierz Czarzasty, said that Czarzasty is expected to decide soon whether to issue a formal order launching the recruitment process for new tribunal judges.

Siwiec said the order has already been drafted, with specialists still finalizing technical details, including deadlines.

Speaking in a radio interview on Tuesday, he said the process could start in January.

The Constitutional Tribunal, which rules on whether laws comply with the constitution, is currently operating with nine judges out of a statutory 15. Six seats have been vacant since mid-December following a series of departures.

Earlier this month, the Court of Justice of the European Union ruled that Poland’s Constitutional Tribunal violated core principles of EU law by failing to respect its judgments and lacked independence due to irregularities in the appointment of three judges and its former president.

After the ruling, Prime Minister Donald Tusk said it amounted to a "green light" to fix the tribunal after years of legal turmoil and signaled that its composition would be gradually rebuilt.

Under Polish law governing the tribunal's organization and proceedings, a full-bench hearing requires at least 11 judges. With fewer than that, the court cannot issue full-bench rulings.

Efforts to fill the vacancies have been stalled by political deadlock. The lower house has conducted the tribunal election procedure three times this year, but none of the candidates secured the required majority.

Parliamentary groups other than the former ruling Law and Justice (PiS) party have so far declined to nominate candidates.

Justice Minister Waldemar Żurek has called for cross-party talks on "rebuilding a tribunal that is lawful, independent and trusted."

(rt/gs)

Source: IAR, PAP