In a recent session the Sejm committee for justice and human rights endorsed two candidates for judges of the Constitutional Tribunal. Marek Asta, a member of the Law and Justice party serving in the Sejm, and Artur Kotowski, a professor of law with a distinguished academic track record, were put forward by the Law and Justice club as CT nominees. The committee laid out the two names with clear purpose, signaling the party’s intent to influence the Tribunal’s composition through its MPs and scholars.
Earlier in December, the terms of three of the fifteen judges on the Constitutional Tribunal were at stake. The seats held by Mariusz Muszyński, Piotr Pszółkowski and Julia Przyłębska faced renewal, triggering the Sejm’s formal nomination framework. According to the Sejm0s rules, candidates for the Constitutional Tribunal are brought forward either by the Presidium of the Sejm or by a group of at least fifty deputies, ensuring that the process remains structured and reflective of parliamentary will.
Within the chamber, nominations came exclusively from the governing party. PiS MPs presented Marek Asta and Artur Kotowski as CT candidates, aligning the party with two figures of legal practice and academic standing. By contrast, other parliamentary clubs including the Civic Coalition, Poland 2050 TD, PSL and Links announced they would not nominate any candidates for the Constitutional Tribunal, signaling a narrowed field and a possible partisan dynamic to the process.
To vote
The Sejm committee for justice and human rights evaluated the two nominees and proceeded to a formal vote. The process followed standard procedures, with recorded ballots and transparent deliberations that reflected the committee8s oversight role in a sensitive constitutional matter.
A total of twenty-three MPs participated in the ballot on Marek Asta. Seven backed the candidacy, fourteen opposed it, and two abstained. For the candidacy of Professor Artur Kotowski, eight deputies voted in favor, fourteen opposed, and one abstained, underscoring a divided but orderly assessment among members of the committee.
The proponent for Marek Asta was PiS MP Kazimierz Smoliński, who argued that Asta’s legal education and professional and parliamentary experience justified his nomination to the Constitutional Tribunal. Asta has served as a legal adviser and educator, and his background includes a lengthy period as mayor of Szlichtyngowa for fifteen years, followed by his service as a member of the Sejm from its fifth term onward.
The nomination for Professor Artur Kotowski was presented by PiS MP Krzysztof Szczucki. Kotowski is a professor of Legal Sciences and heads the Department of Theory and Philosophy of Law at Cardinal Stefan Wyszyński University in Warsaw. Szczucki emphasized Kotowski0s extensive experience in legal practice, noting his roles with the Supreme Court Studies and Analysis Office, his participation on a committee addressing financial discipline, and his long-standing association with the Supreme Court since 2009.
On March 6, 2024, the Sejm adopted a resolution addressing the consequences of the constitutional crisis spanning 2015 to 2023. The document stated that the actions of several public authorities, including the Constitutional Tribunal and certain Sejm resolutions on CT judge elections, violated the May Act and the principle of legality. In the resolution, it was asserted that Mariusz Muszyński, Jarosław Wymbak and Justyn Piskorski were not judges of the Constitutional Tribunal, given the irregularities highlighted in the text.
Following the Sejm8s adoption of the resolution, CT judgments have not been published in the Journal of Laws, reflecting the ongoing tension between parliamentary actions and judicial publication requirements. The situation marks a contentious moment in Poland0s constitutional governance and raises questions about the path the Tribunal will take in light of the broader political context.
TKWL/Dad