Justice Minister Waldemar Żurek spoke out on Thursday after Bogdan Święczkowski, the Tribunal’s disputed head, attempted to enter its Warsaw headquarters, where police have prevented him from doing so.
Święczkowski asked officers guarding the building to open the gates and accept a Supreme Court order issued on Tuesday that overturned the suspension of his duties and those of his deputy Bartłomiej Sochański.
Święczkowski said he would make further attempts to enter the building next week.
In a post on X, Żurek dismissed the ruling, writing that "stamping something with any Supreme Court seal is not enough to turn lawlessness into law."
The dispute centers on conflicting decisions by the Supreme Court’s Chamber of Professional Responsibility.
On November 6, Supreme Court Judge Zbigniew Korzeniowski ruled that the chamber had no jurisdiction over complaints filed by Święczkowski and Sochański against their suspension.
He referred the case to the Constitutional Tribunal itself.
Four days later, Supreme Court judges Maria Szczepaniec and Marek Dobrowolski overturned that decision and issued a separate ruling lifting the suspensions.
Żurek questioned the legitimacy of both judges, arguing that they had been appointed through a disputed procedure involving the National Council of the Judiciary (KRS), the body responsible for recommending judicial appointments.
Changes introduced under the former Law and Justice (PiS) government gave parliament greater control over the council's composition.
The changes and subsequent judicial appointments have been challenged in rulings by Polish and European courts.
Żurek cited a 2020 Supreme Court resolution finding that the participation of judges appointed through the restructured council could render a court improperly constituted.
"The Supreme Court had no right whatsoever to hear Święczkowski’s case," he said.
Anna Korwin-Piotrowska, the Constitutional Tribunal judge who ordered the suspensions, has also rejected the Supreme Court's latest ruling.
She maintains that only the Tribunal's own disciplinary court can review her decisions.
The confrontation began on October 30, when a group of judges elected by the current parliament announced that Korwin-Piotrowska, as the judge with the longest judicial service, had assumed responsibility for running the Tribunal.
She subsequently suspended Święczkowski and Sochański.
Święczkowski rejected the move as an unlawful seizure of power. He has suggested he may seek assistance from a court enforcement officer to regain access to the building.
Żurek ridiculed the prospect, questioning whether he would certify the disputed ruling's enforceability with "a potato stamp."
President Karol Nawrocki, who has refused to administer the oath of office to some judges elected by the current parliament, condemned the developments as a violation of Poland's constitutional order.
Prime Minister Donald Tusk countered that Święczkowski had prevented legitimately elected judges from taking up their duties.
Poland's Supreme Court is the country’s highest court of appeal, overseeing rulings in civil and criminal cases, while the Constitutional Tribunal determines whether laws and other legal provisions comply with the constitution.
The Constitutional Tribunal has been at the center of a prolonged dispute over judicial independence and the legality of judicial appointments.
The Warsaw headquarters of Poland's Constitutional Tribunal. Photo: PAP/Tomasz Gzell
(rt/gs)
Source: IAR/PAP