A budget vote stalls again

The Constitutional Tribunal (TK) said on Tuesday, 20 October 2026, that its chief, Bogdan Święczkowski, had planned to convene the General Assembly of Judges that week to adopt the Tribunal's income and expenditure plan for 2027. According to the Tribunal, the sitting cannot take place because one judge has been absent for a prolonged period, an absence it described as justified. The statement also recalled two earlier failed attempts to put the plan to a vote. The first, in June 2026, was disrupted when unauthorised people were present in the room, and the second collapsed because two judges had left the session.

Dispute over the 2027 budget

The row began in late August, when Finance Minister Andrzej Domański said the draft 2027 state budget did not include the Tribunal's income and expenditure. Deputy Finance Minister Hanna Majszczyk said the information sent to the ministry did not meet legal requirements, because the rules state that the plan must be adopted by the General Assembly of judges. Under the law on the Tribunal's organisation and procedure, the Chancellery director prepares the draft and submits it to the chief, and the finance minister then includes it in the state budget. Despite the sitting that could not go ahead, Święczkowski sent the plan to the Marshal of the Sejm, his deputies, and the chairs of the Sejm's justice, human rights and public finance committees, asking that it be taken into account in work on next year's budget.

Five judges without presidential oaths

The Constitution sets the Tribunal at 15 judges. In this term the Sejm, filling vacancies, elected eight. President Karol Nawrocki swore in three of them, including Magdalena Bentkowska and Sławomir Patyra. The other five, four elected in March and Maciej Berek elected in September, took the oath before the Sejm instead, using the formula before the president. Neither the president nor Święczkowski recognises that as a valid oath, so those five have not been admitted to adjudicate. The General Assembly is made up of judges elected by the Sejm who have sworn the oath, and the two sides of the dispute count its members differently, with one side counting 10 and the other 15.

Elected this term8

Sworn in before the president3

Not sworn in before the president5

Elected this term

8

Sworn in before the president

3

Not sworn in before the president

5

Data from the article text

Berek's demand and the oath dispute

Maciej Berek went to the Tribunal building on 20 October, where he had coffee with judge Magdalena Bentkowska, and he posted a photo of the visit on X. He said the visit had a formal purpose: he brought a written request to be admitted to the office. The presidential palace maintains that the Sejm must first resolve doubts about the judge-elect's qualifications, specifically documents proving ten years of legal experience. Marshal Włodzimierz Czarzasty declined to send those documents to the president and had Berek sworn in before himself, Senate Marshal Małgorzata Kidawa-Błońska and a notary. In an interview with Polish Radio's PR1 on 21 October, Berek said:

“We are waiting for the first move from Judge Święczkowski, which should be the proper convening of the General Assembly, and we hope that move happens.”

Berek also argued that a judge, as a public official, has the right and the duty to turn to the authorities, including the police, if his safety is threatened, and he said the assembly would be held even if Święczkowski does not convene it.

What happens next

Święczkowski noted on 20 October that part of the bench is blocking the move, pointing to judges he described as sympathetic to Donald Tusk's right hand, a label that was officially used for Maciej Berek until recently. The sources give no date for a new sitting. The 2027 budget plan remains with the Sejm, whose Marshal and committee chairs received it from the Tribunal.