Polish Constitutional Tribunal opens disciplinary inquiry against three sitting judges
Constitutional Tribunal President Bogdan Święczkowski launched proceedings against judges Magdalena Bentkowska, Dariusz Szostek, and Sławomir Patyra over criminal filings and a refusal to adjudicate.
Disciplinary proceedings initiated
Constitutional Tribunal President Bogdan Święczkowski announced on 24 September 2026 that he initiated explanatory proceedings against three sitting judges: Magdalena Bentkowska, Dariusz Szostek, and Sławomir Patyra. The action, launched following a motion submitted by another judge of the tribunal, examines whether the trio committed disciplinary infractions that could lead to formal charges. All three judges were elected by the Sejm during the current parliamentary term and took their oaths before President Karol Nawrocki. The official announcement noted that the proceedings could ultimately culminate in the most severe sanction, removal from office, following an evaluation by a disciplinary officer and a ruling by a disciplinary court. Święczkowski addressed the situation during an appearance on Radio Wnet, stating that the outcome rests with the judicial disciplinary panel rather than his office.
How it ends depends of course on the disciplinary court, to be clear, not on me.
Background of the criminal filings and boycott
The disciplinary action centers on two main disputes within the institution: a criminal complaint filed against administrative staff and an ongoing refusal to participate in tribunal operations. In April 2026, the National Prosecutor's Office opened an investigation after Bentkowska and Szostek reported that four judges elected by the Sejm in March, Krystian Markiewicz, Marcin Dziurda, Anna Korwin-Piotrowska, and Maciej Taborowski, had been barred from taking up their judicial duties. On 23 September 2026, prosecutors charged the director of the Constitutional Tribunal Chancellery and the commander of the Tribunal Guard with obstructing the unsworn judges while executing orders from the tribunal leadership. The third judge named in the proceedings, Sławomir Patyra, took his oath in late July after his June election but stated he would not adjudicate in assigned panels or attend General Assembly sessions until the four March-elected judges are admitted.
- Sejm elects judges including Magdalena Bentkowska and Dariusz Szostek
- National Prosecutor's Office opens inquiry based on notification by judges
- Sejm elects Sławomir Patyra to the Constitutional Tribunal
- President Karol Nawrocki receives the judicial oath from Sławomir Patyra
- Prosecutors charge tribunal chancellery director and guard commander
- Bogdan Święczkowski opens disciplinary proceedings against three judges
Expert assessment and procedural questions
Legal scholars and observers questioned both the timing and framing of the disciplinary announcement. Constitutional expert Kamil Stępniak explained that while starting explanatory activities is legally permitted, the tribunal's published communication was premature and imprecise because an assigned disciplinary commissioner, not the tribunal president, determines whether grounds exist to present charges. Stępniak emphasized that the offense of false criminal notification requires direct intent and full awareness of wrongdoing, demanding rigorous legal assessment. Supreme Court judge Kamil Zaradkiewicz posted about the proceedings on social media, while Stępniak warned that referencing dismissal from office at such an early stage interferes with judicial independence.
However, mentioning the possible removal of judges from office already at this stage is definitely premature and should be perceived as a form of pressure on independent judges.
