Polish PM plans action on Constitutional Tribunal; expert calls for liquidation

Prime Minister Donald Tusk has declared he can no longer tolerate the current state of the Constitutional Tribunal and intends to take decisive action in September. While the specifics remain unclear, one suggestion circulating involves establishing an alternative tribunal. This body would comprise judges selected by the current governing coalition, effectively controlled by Civic Platform, and would be led by a "manager."

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I can no longer look at the Constitutional Tribunal.

This proposed alternative tribunal would be tasked with issuing rulings that declare laws passed by the previous PiS-dominated Sejm unconstitutional. However, legal experts like Marcin Matczak have expressed reservations, warning that such a move could worsen the situation. He argues against a "Tribunal in exile," noting that seven judges would not form the necessary eleven-person panel for preventive constitutional review, nor would they achieve a quorum for the General Assembly to vote on stripping the president of immunity.

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I deeply disagree, because it will only worsen the situation.

Matczak suggests a legal approach to "recapture" the Tribunal by appointing two new judges to replace those whose terms are ending. He believes these new appointees could be persuaded to vote for the removal of the current president's immunity. He also proposes initiating criminal proceedings against individuals who might have information about connections between Krystyna Pawłowicz and Jarosław Kaczyński, suggesting that criminal investigations can effectively erode loyalty.

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We need to 'recapture' the Tribunal legally.

Economist Robert Gwiazdowski, however, advocates for a more radical solution: the complete liquidation of the Constitutional Tribunal. He supports this view with a quote from a prominent defender of the rule of law, who questioned the Tribunal's claim to possess "objective" constitutional truth. The quote challenges the assumption that the Tribunal's rulings are automatically correct in disputes between the parliamentary majority and the court, asking for the basis of this privileged access to constitutional truth beyond legal qualifications or party backing.

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The Constitutional Tribunal must be liquidated.