Sejm Elects Six New Constitutional Tribunal Judges Amid Political Controversy and 'Plan B' Warnings

The Sejm elected six new judges to the Constitutional Tribunal on March 13, 2026, marking a significant step in the government's efforts to reshape the country's highest judicial body. Alongside the appointments, the lower house of parliament passed a resolution aimed at addressing the legal status and functioning of the tribunal. Supporters of the move described the election as a necessary measure to restore constitutional order, while critics labeled the resolution as a dangerous precedent. The voting process concluded in the afternoon, following a series of debates regarding the candidates and their professional backgrounds. This legislative action represents the first phase of a broader plan to reform the judicial system under the current administration.

Jarosław Kaczyński sharply criticized the parliamentary proceedings, characterizing the election of the new judges as an act of lawlessness. The opposition leader argued that the entire process was conducted in violation of existing legal standards and would not be recognized by the public. He further stated that those responsible for the appointments would eventually face legal accountability for their actions. The atmosphere in the chamber was tense as opposition members voiced their dissent during the vote. Kaczyński emphasized that the legitimacy of the Constitutional Tribunal is undermined by such unilateral political moves.

„Żaden rozsądny człowiek tego nie uzna” (No reasonable person will recognize this) — Jarosław Kaczyński via Dziennik

Minister of Justice and Prosecutor General Waldemar Żurek issued a formal appeal to President Karol Nawrocki to swear in the newly elected judges without delay. Waldemar Żurek indicated that the government has prepared an alternative strategy, referred to as "plan B," should the president refuse to cooperate with the Sejm appointments. The Minister of Justice suggested that the current situation requires decisive action to ensure the continuity of the state's legal institutions. President Karol Nawrocki, who assumed office in August 2025, has not yet officially responded to the parliamentary vote.

Reports emerged during the session regarding potential procedural flaws that could impact the legal validity of the election. According to some accounts, a rapporteur allegedly omitted one of the candidates during the formal voting procedure. This omission led to immediate claims from the opposition that the entire vote was legally compromised and should be declared void. Despite these allegations, the parliamentary majority proceeded with the final count and confirmed the selection of all six candidates. The dispute over the assets and potential earnings of the new judges also surfaced in public discussions following the vote.

The conflict surrounding the Constitutional Tribunal began in late 2015 following a change in government. Disputes arose over the appointment of judges and the validity of several legislative amendments affecting the court's internal procedures. The European Commission and various international legal bodies have previously expressed concerns regarding the independence of the Polish judiciary. This long-standing crisis has resulted in multiple rulings from the European Court of Justice and the European Court of Human Rights.

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