Constitutional Tribunal judges adopt 2027 budget as quorum dispute continues in Warsaw

Tuesday's assembly of Constitutional Tribunal judges was chaired by Anna Korwin-Piotrowska, and the dispute over its validity is still open.

What happened at the assembly

On Tuesday, 3 November, the General Assembly of Constitutional Tribunal judges opened at 15:30 under Anna Korwin-Piotrowska, who chaired the session. Eight judges were in the hall, and 12 people were eligible to take part in the vote, she told the meeting. Bogdan Święczkowski and Bartłomiej Sochański were kept out because immediate suspension orders issued against them on 30 October removed their duty and right to attend. Korwin-Piotrowska also said Jarosław Wyrembak could not vote, citing what she called a defective election procedure. The sitting ended after 17:00.

The quorum and the budget vote

Korwin-Piotrowska argued that when the statute expresses the required share of judges as a fraction, the number needed has to be worked out for the day and moment of the vote. Two-thirds of 12 gives eight, and every judge present voted for the position that eight judges make a quorum. She put the point directly in the chamber:

“Calculating two-thirds of 12 people, we will not get any result other than eight.”

After the quorum vote, the assembly adopted the resolution on the Tribunal's income and expenditure plan for 2027, with no votes against. The resolution asks that part 06 of the state budget, covering the Tribunal, be included in the 2027 budget law. Before the vote, the chair urged lawmakers to add the plan at this stage of parliamentary work, and she hoped the request would be met so that funds for the Tribunal's operation are secured.

Present at assembly8

Eligible to vote12

Present at assembly

8 judges

Eligible to vote

12 judges

Data from the article text

Panels drawn for the suspension cases

After the budget, the assembly drew the panels for the cases concerning the two suspension orders. In the Święczkowski case, Stanisław Piotrowicz was named disciplinary spokesman, and the panel is headed by Magdalena Bentkowska, who will also act as rapporteur, with Maciej Taborowski and Krystian Markiewicz as members. In the Sochański case, Dariusz Szostek became disciplinary spokesman, and Maciej Berek will chair a panel that also includes Anna Korwin-Piotrowska and Rafał Wojciechowski.

Dispute over the orders and the protest

Representatives of a group of judges elected in the current Sejm term said on Friday evening, 30 October, that Korwin-Piotrowska, as the most senior judge, had taken over as acting head of the Tribunal and issued the orders suspending Święczkowski as president and Sochański as vice-president. The legitimacy of convening the meeting and setting the quorum remains disputed. The right-leaning wPolityce.pl called the gathering 'alleged' and its headline described the move as an attack on the state. Korwin-Piotrowska said that for as long as she acts as head, the Tribunal will return to the rule that its president is 'first among equals'. Outside the building, dozens of people protested against the judges elected by the Sejm in the current term, and police were on site. Korwin-Piotrowska said all judges had been told the date of the assembly and how to reach the Tribunal despite the protest.