The Sejm Update on the Constitutional Tribunal Draft and Its Timing
A spokesman for the ruling party stated on Tuesday that the draft concerning the Constitutional Tribunal would not be discussed in the current Sejm session. The spokesperson explained that the speed of parliamentary work on the bill would hinge on a decision by the Presidium of the Sejm, and at the time of the briefing no such decision had been made. The note underscored the fluid nature of the parliamentary calendar and the influence of leadership decisions on when the matter could move forward.
Earlier, on May 4, members aligned with the ruling party submitted to the Sejm a draft amendment to the law governing the organization and procedure of proceedings before the Constitutional Court. The amendment proposes reducing the minimum number of judges constituting the General Assembly and the full court to nine judges. The text specifies that these changes would apply to proceedings started but not completed before the amendment’s entry into force. The development comes amid months of debate within the Constitutional Tribunal over the tenure and status of Julia Przyłębska as President of the Constitutional Court, a dispute that has helped stall the Tribunal from operating with its full complement in recent times.
The party spokesperson, when asked at a press briefing whether the Sejm would take up the bill at Tuesday’s gathering, replied that it would not be processed at that session. The pace of potential approval would depend on the Presidium of the Sejm and the head of the Sejm.
There is no decision yet
— he added.
This bill will most likely not be introduced at this meeting
the spokesperson noted.
PiS Proposal on the Constitutional Court
The draft amendment to the Law on the Organization and Procedure of the Constitutional Court, as explained in its memorandum, aims to streamline court operations by trimming the General Assembly from two-thirds of the tribunal’s judges to nine, and reducing the full court from eleven to nine judges. The directive clarifies that the amended provisions apply to proceedings initiated and not completed before the amendment becomes effective.
On a recent weekend, the chair of the Sejm’s Justice and Human Rights Committee indicated that the committee would begin work on the proposal during the May session slated for May 24–26. The intra-tribunal dispute is tied to opinions from several lawyers, including former and serving judges, who contend that Przyłębska’s term as President concluded after six years, on December 20, 2022, and that she should not be eligible for reappointment. Conversely, Przyłębska herself, along with Prime Minister Mateusz Morawiecki and some experts, maintains that her term as President ends in December 2024, aligning with the end of her tenure as a judge on the Constitutional Tribunal.
The ongoing clash revolves around differing interpretations of constitutional tenure and appointment rules, a subject that has drawn attention from observers both inside Poland and among legal commentators abroad. Analysts note that resolving the question of leadership tenure could influence the Tribunal’s readiness to convene and its capacity to issue rulings in a timely manner.
tkwl/PAP
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Source: wPolityce