Rising Tensions Over the Supreme Court Reform and the Constitutional Tribunal
The president has yet to face immediate accountability as an internal dispute keeps the Constitutional Tribunal from swiftly ruling on changes to the Supreme Court. Opposition politicians argue that funds from the KPO will not flow until a ruling is issued. The president, who had constitutional doubts, chose what he believes to be the best path, according to KPRP minister Małgorzata Paprocka.
On Friday, President Andrzej Duda announced that he is sending the amendment to the law on the Supreme Court to the Constitutional Tribunal for preventive review. This means the law will not take effect until the Tribunal determines its constitutionality. Simultaneously, the president urged the judges of the Constitutional Tribunal to expedite the examination of the amendment. The European Commission has tied disbursement of funds from the National Reconstruction Plan to Poland to changes in the disciplinary system for judges.
Politicians from different camps weighed in on the president’s decision on Sunday. Opposition representatives stressed concerns about the current state of the Constitutional Court.
What will the Tribunal decide?
Late last year, several lawyers, including former Constitutional Court judges, noted that the term of office for the Court’s president, Julia Przyłębska, would end after six years, on December 20, 2022, and that she would not seek reelection. In early January, six Constitutional Court judges sent a letter to Przyłębska and the president, urging Przyłębska to convene the General Assembly of Judges to nominate candidates for the presidency. They argued that under the Law on the Organization and Procedure of the Constitutional Court, Przyłębska’s term as president had concluded. Przyłębska replied that the letter from the six judges had no legal basis and was without meaning, and that her presidency would end when her term as a judge ends, in December 2024.
Poland 2050’s Michał Kobosko told Polsat News that the amendment will not take effect and that current dynamics in the Constitutional Tribunal indicate it will not reach a decision, certainly not before elections.
Władysław Teofil Bartoszewski, MP for the PSL-Polish coalition, believes the president faces a difficult situation and has determined that the ruling bloc will not be the one to decide this.
This is a clash within the power blocs, and the president has taken a stand. He rejected the pressure, so the issue was left to others to handle.
The drama of Bartoszewski and Kierwiński
The Constitutional Tribunal is said to be divided, with no clear majority among the judges to reach a unanimous ruling on this political matter. The issue is unlikely to be resolved within this term, which means Poland may not receive funds from the KPO, a setback described by many observers as significant.
KO MP Marcin Kierwiński shared a similar view. He said he does not think Poland will receive funds from the KPO because milestones may not be met by the ruling party. He added that the president had hidden his head in the sand and stepped back from responsibility. According to Kierwiński, the Constitutional Tribunal will need to navigate divisions within the right-leaning camp in the Sejm and may try to persuade certain judges or pursue traditional avenues with PiS proposing several alternatives to consider.
The best possible decision
Małgorzata Paprocka, Secretary of State at the President’s Chancellery, responded to deputies. She noted that the president believed an agreement with the European Commission had been reached, yet harbored serious constitutional doubts about the bill. The constitution, she argued, grants the presidency broad authority as the guardian of the law. The president chose what he believed to be the best course for citizens and for the Polish judiciary, she asserted.
Political tensions
Left-leaning MP Adrian Zandberg argued that the president’s decision will delay Poland’s access to KPO funds for months. He pointed out that the Constitutional Tribunal is unlikely to issue a quick ruling on the Supreme Court changes, describing the situation as a clash within the court. Zandberg criticized the decision as a political setback, noting that Poland has struggled for years to resolve internal disagreements and that the veto approach sent to the Constitutional Tribunal may not yield a consensus on the bench.
The Tribunal will act within its jurisdiction
Radosław Fogiel, PiS MP and head of the parliamentary foreign affairs committee, responded to the critique, saying that the party is doing everything possible to ensure KPO funds reach Poland. He also noted the hope that the amendment to the law on the Supreme Court would be referred to the Constitutional Tribunal for follow-up after the president’s signature. He emphasized respect for how the constitution governs relations among institutions and noted that the Sejm acted, the president decided, and the Tribunal now bears responsibility to decide within its jurisdiction and in accordance with the law.
Confederation deputy Jakub Kulesza argued that taking the case to the Constitutional Tribunal would place the matter in the hands of Jarosław Kaczyński. He warned that a personal conflict within the Tribunal does not mean it will avoid addressing the issue if necessary.
The president has made a prudent decision regarding the Supreme Court law. It does not close Poland’s path to KPO funds. The head of the KPRP noted the president believes the Supreme Court law was not a sound legal act from the start, a frank assessment.