Poland faces a pivotal moment as discussions around a comprehensive reform of the Constitutional Tribunal gain momentum. The ruling coalition, led by representatives of the parties in government, unveiled a set of four projects intended to address a constitutional crisis that spanned from 2015 to 2023. The package includes a Sejm resolution, two laws concerning the Constitutional Court and the provisions introducing the Law on the Constitutional Court, and a constitutional amendment. The initiatives were published on the Ministry of Justice website and mark a coordinated effort to redefine how the constitutional guardianship operates in the country.
The draft resolution is framed by its title: it seeks to eliminate the consequences of the constitutional crisis by addressing the activities of the Constitutional Court. The Sejm is urged to request that the court judges resign, thereby enabling a new phase of democratic change. The proposal notes that decisions issued by the Constitutional Court that appear contrary to the law could be viewed as violations of the principle of legalism and calls for accountability in that context.
Earlier in the day, Mateusz Morawiecki, a former prime minister and a senior figure in the ruling party, gave his take on the announced measures during a press briefing. He warned that if the draft resolution were to be enacted, it would set a troubling precedent in which a lower-ranked act could operate without the consent of higher-ranking norms. In his view, such a development would reverse the essential constitutional order of the state.
Morawiecki emphasized that the proposed changes would not be recognized by his party, outlining concerns about the potential long-term impact on constitutional discipline and political stability. He argued that the precedents being set by those currently in power could endanger the future functioning of institutions across successive governments, particularly when changes might be sought from those occupying pivotal roles such as presidents or chairpersons by law. According to him, the PiS stance is clear: these changes would not be considered legitimate by the party and would not be accepted as legally valid if passed.
Supporters of the reform project maintain that the measures are necessary to restore order after years marked by controversy within the tribunal. They insist that the changes will have a corrective and clarifying effect on the court’s procedures and political neutrality when handling constitutional disputes that arise in politically charged contexts.
The Context of the Debate
In comments on the broader implications for the constitutional framework, Morawiecki described the potential scenario as one that could turn the entire constitutional system upside down. He asserted that the proposed legal instruments are designed to address actions perceived as misaligned with the country’s legal traditions and the rule of law as understood by the government and its supporters.
During his remarks, he stated that if an attack on the Constitutional Tribunal were to occur, it would constitute an act of the highest order that undermines the foundations of the rule of law in Poland. He added that no responsible government would recognize such actions as legitimate going forward. Morawiecki underscored his belief that current precedents are dangerous for the nation and could obstruct future governance by altering the balance of power in ways that would bypass established constitutional channels.
As the political debate moves forward, officials in the justice ministry have signaled that discussions will resume in the Sejm. The ministry contends that the Constitutional Tribunal, under its current leadership, has struggled to adjudicate constitutional disputes in a manner that is impartial and apolitical. In its statement, the ministry argued that the tribunal has become dysfunctional in organizational terms and that the proposed constitutional changes are meant to realign its operations with the constitutional framework and legal norms that guide the state.
Observers note that the timing of the discussion is tight, with a Wednesday session in the Sejm anticipated to explore the implications of the resolution and the accompanying законодательные proposals. The ongoing debate reflects a broader confrontation over how Poland should balance judicial independence with political oversight within the bounds of the constitution and the rule of law. Source: wPolityce