On March 13, 2026, the Polish Sejm elected six new judges to the Constitutional Tribunal and passed a resolution aimed at restoring the body's independence, triggering a sharp confrontation between the government and the opposition.
Election of Six Judges
The Sejm elected six new judges, including Professor Krystian Markiewicz, to fill vacancies in the Constitutional Tribunal.
Resolution on Independence
A resolution declaring the current Tribunal's inability to function impartially passed with 235 votes in favor.
Presidential Standoff
Justice Minister Waldemar Żurek urged President Karol Nawrocki to swear in the judges immediately, mentioning a 'plan B' if he refuses.
Opposition Backlash
PiS leader Jarosław Kaczyński condemned the move as the creation of a 'special court' and vowed future accountability.
The Polish Sejm elected six new judges to the Constitutional Tribunal on March 13, 2026, as part of a legislative effort to restore the body's legal standing. The selection included dr Krystian Markiewicz, a professor at the University of Silesia and president of the Iustitia judges' association, who received 236 votes during the parliamentary session. This move coincided with the adoption of a resolution aimed at ensuring the tribunal meets the requirements of a court established by law, which passed with 235 votes in favor and 197 against. The parliamentary action represents a significant step in the government's strategy to overhaul the judicial system following years of domestic and international disputes. Minister of Justice Waldemar Żurek characterized the election as a necessary measure to fill existing vacancies within the country's highest constitutional court.
Following the vote, Minister of Justice Waldemar Żurek publicly urged President Karol Nawrocki to immediately accept the swearing-in of the newly elected judges. Waldemar Żurek, who has held his ministerial position and the role of Prosecutor General since 2025, emphasized that the president has a legal obligation to act without delay to finalize the appointments. The minister also alluded to a "plan B" should the presidency refuse to cooperate with the Sejm's decision, though specific details of this alternative were not fully disclosed. President Karol Nawrocki, who has been in office since August 6, 2025, has not yet officially responded to the parliamentary summons. The potential for a constitutional standoff remains high as the government seeks to bypass previous judicial appointments it deems illegitimate.
Jarosław Kaczyński, the leader of the Law and Justice party, strongly condemned the Sejm's actions, describing the newly formed body as a "special court." Jarosław Kaczyński argued that the election of the six judges lacks legal validity and predicted that the decision would eventually be overturned. He further asserted that the current parliamentary majority is engaged in breaking the legal system rather than repairing it. The opposition leader maintained that the move undermines the stability of the state's democratic institutions and stated that the situation would be subject to future legal accountability. Law and Justice members have signaled they will continue to recognize the previous composition of the tribunal as the only lawful authority. „Żaden rozsądny człowiek tego nie uzna” (No reasonable person will recognize this) — Jarosław Kaczyński via Dziennik „To zostanie rozliczone” (This will be settled) — Jarosław Kaczyński via FAKT24.pl
The Constitutional Tribunal was established in 1982 and began its judicial activities in 1986. Its primary task is the judicial control of the constitutionality of law, ensuring that lower-level legal norms comply with the Constitution. Since 2015, the tribunal has been at the center of a profound political and legal crisis in Poland involving disputed appointments and the validity of its rulings. The current legislative efforts follow years of international and domestic criticism regarding the tribunal's independence from political influence.