Poland’s Constitutional Tribunal Size Question Draws Political Fire
A combination of holidays and illnesses has made assembling the full 11-member bench of the Constitutional Court challenging. Prime Minister Mateusz Morawiecki proposed revisiting the 9-member composition that existed under the previous PO-PSL government, suggesting the move could ease proceedings without causing disruption. This proposal accompanies a draft amendment to the law governing the organization and procedures of the Constitutional Tribunal, submitted by PiS delegates to the Sejm.
The draft would reduce both the minimum number of judges needed for the General Assembly and the full tribunal to nine. The changes would apply to cases that were initiated but not completed before the amendment took effect. A long-running dispute in the Tribunal concerns the tenure of President Julia Przyłębska, who recently blocked the full assembly from meeting.
When asked about the proposal at a Saturday press conference, Morawiecki recalled that, up to 2016, the court operated with a nine-member full composition. He noted that during the PO-PSL era, there was no widespread concern about a nine-judge tribunal, and he added that the court could function normally with fewer members.
“I could function normally,” he stated, underscoring the practical challenges of gathering 11 judges during holidays and illnesses. He suggested that restoring the nine-member structure would align with the years when the opposition’s governance prevailed and no issues with the tribunal’s operation were reported.
Morawiecki urged the tribunal to proceed calmly and let the judges decide. He said the government would adapt to whatever outcome the judges reach.
Meanwhile, the bill reducing the tribunal’s full composition was submitted for first reading to the Sejm Committee on Justice and Human Rights. Committee Chair Marek As told PAP that discussions would start at the next Sejm session scheduled for May 24–26. He also noted that the committee is awaiting the Sejm Research Bureau’s opinion on whether the draft complies with European law. When asked about its length, As replied that the project is short and could be handled in a single sitting.
In a related move, the Tribunal set a date for hearings on an amendment to the Supreme Court Act for May 30. The President has filed a request through a preventive review procedure to be heard by the Full Court Tribunal, chaired by the Constitutional Court’s President. At present, a full hearing requires a panel of at least 11 judges, a point that has fueled ongoing debate as the Tribunal has struggled to meet in full.
Dispute Within the Court
The dispute centers on whether Präsident Przyłębska’s six-year tenure as head of the Constitutional Court ended December 20, 2022. Some, including former and current judges, contend that she could not seek reappointment, while Przyłębska, Morawiecki, and several experts argue that her term as president remains valid until December 2024, coinciding with her remaining tenure as a judge on the Constitutional Tribunal.
Earlier in January, six judges of the Constitutional Tribunal, including Vice President Mariusz Muszyński, sent a letter requesting that Przyłębska convene the General Assembly to appoint a new president from among themselves. In early March, the Tribunal reported that Przyłębska had convened the General Assembly, which, by a two-thirds majority in the presence of two-thirds of the judges, concluded there was no reason to call a meeting to nominate a new president.
In early April, five judges expressed willingness to proceed with the president’s motion on the Supreme Court Act but stated in their letter that actions attributed to Przyłębska were ineffective and contrary to law. They called again for convening the General Assembly and electing a new president. Judge Jarosław Wyrembak described those developments as part of actions that threaten Poland’s constitutional order.
Speaking on RMF FM on Saturday, MEP and PiS Vice President Joachim Brudziński commented that, following current Polish law, the head of the Constitutional Court should be determined in accord with legal norms. Critics, including Muszyński and Bogdan Święczkowski, have argued that certain media actions contribute to efforts to challenge the ruling party.
Additional notes from the coverage mention that the Justice Committee of the Sejm would review the draft amendment at the Constitutional Tribunal stage, with a date to be announced. The ongoing debate continues to shape the public understanding of Poland’s constitutional governance. [Source: wPolityce]