he meeting at the tribunal’s Warsaw headquarters was chaired by Anna Korwin-Piotrowska, who took charge of the court last Friday after ordering the suspension of its president, Bogdan Święczkowski, and deputy president, Bartłomiej Sochański.
The judges also selected panels to examine disciplinary proceedings involving the two suspended officials.
The central dispute concerns how many judges must attend the tribunal’s General Assembly for its decisions to be valid. Polish law requires at least two-thirds of the tribunal’s judges to be present. With a constitutionally prescribed membership of 15, that would normally mean 10 judges.
Korwin-Piotrowska argued that only 12 judges were currently entitled to participate, excluding the two suspended officials and Jarosław Wyrembak, whose appointment is disputed. On that basis, she said, eight judges constituted the required quorum. All eight voted to accept that interpretation before approving a resolution calling on parliament to include the tribunal’s proposed funding in the 2027 state budget.
The tribunal's leadership dispute is part of a wider confrontation over judicial appointments between Prime Minister Donald Tusk’s government and President Karol Nawrocki. Nawrocki has refused to administer the oath of office to five judges elected by the current parliament. His office and Święczkowski maintain that only 10 people currently hold valid judicial positions at the tribunal, including three judges appointed during the present parliamentary term.
The government disputes that interpretation and regards the tribunal’s full membership as having been restored, although the status of several judges remains contested.
Święczkowski rejected Tuesday’s meeting as unlawful and said he and judges he considers legitimately appointed would boycott proceedings organized by what he called “usurper judges.”
The assembly nevertheless proceeded to select judges for the disciplinary cases. Magdalena Bentkowska was appointed to chair the panel examining Święczkowski’s suspension, while Maciej Berek will chair the panel dealing with Sochański.
Korwin-Piotrowska was also selected for the latter panel, despite having issued the original suspension order.
The Constitutional Tribunal is responsible for determining whether Polish laws comply with the constitution. Its membership and independence have been disputed for years, following judicial changes introduced under the former Law and Justice government.
The legality of Tuesday’s decisions remains contested, with opposing sides disputing both the composition of the court and the authority of those now attempting to run it.
(rt)
Source: PAP