Polish Prosecutors Launch Investigation into New Constitutional Tribunal Judges' Obstruction

The National Prosecutor's Office in Poland has initiated a significant investigation that strikes at the heart of the ongoing judicial reforms and the composition of the Constitutional Tribunal. This probe targets alleged actions that obstructed the swearing-in and subsequent work of judges appointed by the Sejm in March 2026. The core of the investigation revolves around accusations that certain public officials may have facilitated President Karol Nawrocki's refusal to accept the oath from four of these newly appointed judges, thereby preventing them from assuming their constitutional roles.

Prosecutors are scrutinizing two main areas: first, the alleged 'facilitation' of the president's non-compliance with his duty to accept the oath, and second, the failure of officials within the Constitutional Tribunal itself to fulfill their legal obligations. This includes claims of denying the four judges office space, case assignments, and proper employment procedures, which the prosecution views as potentially malicious and persistent violations of their labor rights. These actions are being investigated under articles related to abuse of office and violation of employee rights.

The investigation was prompted by evidence gathered during a preliminary proceeding and a formal complaint filed by two judges who did take their oath. The prosecutor's office has deemed the current information sufficient to establish a justified suspicion of criminal activity. This development highlights the deep divisions and legal battles surrounding the judiciary in Poland, with the prosecution's involvement signaling a potential escalation in holding officials accountable for actions perceived as undermining constitutional processes. The outcome of this investigation will undoubtedly have significant implications for the future functioning and legitimacy of the Constitutional Tribunal.