PSL proposes constitutional amendment ending mandates of all TK judges

A draft amendment from the PSL leader

Deputy prime minister, defence minister and PSL leader Władysław Kosiniak-Kamysz unveiled a draft amendment to the constitution at the Congress of Polish Local Government in Warsaw on Thursday, 5 November. He said his party had worked with experts on a mechanism to end the dispute over the Constitutional Tribunal (TK) and restore its credibility. He blamed the eight years of Law and Justice (PiS) government for the loss of principles the plan is meant to bring back. He added that the proposal does not decide who is right in the dispute, and that it seeks calm in the face of threats from the east. He also called on all parliamentary groups to back the initiative.

“We have prepared a project to bring about peace, social peace, full rule of law and the restoration of the credibility of the Constitutional Tribunal.”

What the draft would do

The centrepiece is ending the mandates of all sitting TK judges, who would instead gain the status of judges in retirement, followed by a new, one-time composition. Sources differ on the terms for the new judges: rmf24 reports 3, 6 and 9 years, while Niezależna and Gazeta Prawna report 3, 5 and 9 years. Niezależna puts the new bench at 15 members. The National Council of the Judiciary would ask the National Assembly to renew the Tribunal's composition, and a resolution backed by three fifths of its statutory membership, which TVP Info puts at 336 deputies and senators, would establish that the Tribunal cannot perform its tasks permanently. The Marshal of the Sejm would present the new composition after considering the opinion of the Supreme Court and legal professional bodies, and the president would also have to accept it.

The legislative hurdles

Under Article 235 of the constitution, a bill to amend it can be filed by at least 92 deputies, by the Senate or by the president. The PSL club has 32 deputies, so the party needs cross-party backing or the support of President Karol Nawrocki, who could file alone. Rzeczpospolita reports that Konfederacja MPs had already presented a separate reset bill to the president. Gazeta Prawna puts the Sejm threshold at two thirds of votes with at least half the statutory members present, meaning 307 votes at full strength. The first reading cannot take place before the 30th day after submission, and the Senate has up to 60 days to act after a Sejm vote.

Deputies needed to file a bill92

PSL club deputies32

Sejm votes at full strength307

National Assembly votes for inability resolution336

Deputies needed to file a bill

92 count

PSL club deputies

32 count

Sejm votes at full strength

307 count

National Assembly votes for inability resolution

336 count

Data from the article text

Reactions and expert views

The Civic Coalition (KO) has not rejected the idea. Borys Budka said the party will examine the proposal and discuss a common coalition position, while adding that it should not sit down with PiS to talk about changing the constitution. Maciej Tomczykiewicz, deputy chair of the Sejm justice and human rights committee, said KO does not say no in advance. He added that the current rules are not of the best quality and led to the 2015 crisis and later ones.

“We are ready to work on all changes that will improve the situation around the Tribunal.”

Constitutional scholars Anna Łabno, from UŚ, and Wojciech Włoch, from UMK, discussed the plan on Polsat News. Włoch said it sometimes sounded nice and sometimes odd, and that PSL had taken on a heavy burden in trying to win over everyone. Łabno said the proposal has to be judged on its written text, and that the Tribunal as it stood before 30 October must return. She described those who now present themselves as the Tribunal as operating in a continuing state of illegality, while saying that ending the judges' mandates may be appropriate.