Constitutional Court Review Delays on Supreme Court Amendment and Implications for Poland

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On May 30, the Constitutional Tribunal is slated to review a proposed amendment to the law governing the Supreme Court. The case is identified as Kp 1/23, and the tribunal’s official calendar lists the hearing time and date. The procedure is being followed under the preventive scrutiny framework, which means the law cannot take effect until the tribunal issues a ruling on its constitutionality.

In recent related developments, a remark was circulated about the president’s intention to submit the amendment to the Constitutional Court for assessment before it becomes law. The government notes that the amendments approved by parliament previously were deemed inconsistent with the constitution, prompting this recourse to the tribunal for clarification and potential adjustment.

Key Points of the Amendment

Earlier this year, the Sejm passed an amendment to the Supreme Court law on January 13. In late January, the Senate proposed 14 amendments, all of which the Sejm rejected during a session held the previous week. Proponents, including deputies aligned with the ruling party, argue that the changes represent an important milestone tied to the broader European recovery framework. They contend the reforms are a critical step toward unlocking funds associated with the national reconstruction plan.

The president has stated that he will move the amendment to the Constitutional Tribunal under preventive scrutiny. This approach ensures that the act will remain dormant until the tribunal confirms it aligns with the constitution. The motive behind this timing is to speed up access to funds tied to national development programs, which are viewed as essential for Poland’s economic growth and resilience.

Officials emphasise that a positive tribunal decision could pave the way for disbursement from the European Union recovery mechanism. The European Commission has indicated that payments under the National Recovery and Resilience Plan depend on meeting a series of milestones, including the amendment under consideration, and the tribunal’s ruling is viewed as a critical gating factor for progress.

These dynamic discussions reflect the ongoing balance between constitutional alignment and the strategic objective of securing European financial support for Poland’s reconstruction and growth initiatives.

In this context, observers note that the outcome of the tribunal’s review may have broader implications for Poland’s governance and its alignment with European Union expectations. The resolution could influence fiscal planning, public administration reforms, and ongoing judicial governance measures that are central to future development efforts.

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