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Polish Constitutional Tribunal barely functioning, blocked judge says

15.10.2026 23:45
Poland’s Constitutional Tribunal has largely ceased to function, a judge barred from hearing cases said on Thursday as a dispute over judicial appointments escalated.
Maciej Taborowski
Maciej TaborowskiPAP/Radek Pietruszka

Maciej Taborowski, one of four judges elected by parliament in March but prevented from taking up their duties, accused Tribunal head Bogdan Święczkowski of deliberately obstructing their work.

"We have been trying since April, through letters and legal action, to create a situation in which we can begin working," Taborowski told broadcaster Tok FM. "But Mr. Święczkowski simply does not want to allow us to work."

Taborowski said the Tribunal, which rules on whether legislation complies with Poland's constitution, had issued few judgments in recent months, some concerning matters of little public consequence.

His comments followed a confrontation on Wednesday at the Tribunal's Warsaw headquarters, where newly elected judge Maciej Berek was refused permission to begin work after taking his oath in parliament.

Berek, elected in September, had not been invited to swear his oath before President Karol Nawrocki. He instead took it in parliament, declaring that he was doing so "before the president."

Święczkowski refused to recognize the oath without confirmation from Nawrocki that it had been taken in his presence.

Taborowski confirmed reports that Święczkowski had told the visiting judges he could go to prison if he allowed them into judicial offices.

He also said Berek had reported what he regarded as a veiled threat from Święczkowski, who allegedly claimed to know what prosecutors had in their files concerning Berek.

Berek subsequently accused Święczkowski of physically blocking his entry into a judges' room.

He said he had filed a criminal complaint alleging interference with the physical integrity of a public official.

Wednesday's confrontation followed months of disagreement over the appointment of Constitutional Tribunal judges.

Parliament elected six judges on March 13, but Nawrocki invited only two, Magdalena Bentkowska and Dariusz Szostek, to take their oaths at the presidential palace.

His office cited alleged procedural irregularities in the election of the remaining four. Those judges took their oaths in parliament on April 9, but Święczkowski refused to recognize the ceremony as legally valid.

The dispute has also prevented the Tribunal's General Assembly of Judges from meeting.

Its failure to convene has contributed to the omission of the Tribunal's income and expenditure from the government's draft 2027 budget.

Taborowski said Święczkowski had recently indicated that he would convene the assembly to address the budget situation.

"If he does, we will certainly attend," Taborowski said, adding that the excluded judges would respond appropriately if again prevented from participating.

Outside the Tribunal on Wednesday, police clashed with protesters, including supporters of nationalist activist Robert Bąkiewicz.

Warsaw prosecutors have opened an investigation into possible misconduct toward police officers.

Nawrocki visited the Tribunal later that day and met judges present in the building.

Earlier, he rejected Berek's oath, saying he did not know before whom Berek had sworn it, "but certainly not before the president."

(rt/gs) 

Source: PAP