Constitutional Tribunal has a new president

Duda had two candidates to choose from for the role: Bartłomiej Sochański and Bogdan Święczkowski, both nominated by the General Assembly of the Constitutional Tribunal's judges.

Święczkowski, associated with the previous PiS government, sent disobedient prosecutors far from their homes during his tenure as prosecutor general, particularly those who opposed the judicial reforms led by former justice minister Zbigniew Ziobro.

Święczkowski's selection has raised concerns, particularly due to his controversial past.

Dr. Piotr Uziębło, a constitutionalist, expressed doubts about both candidates, calling them "among the least suitable" for the position of president. He noted legal concerns about Święczkowski's actions as prosecutor general and pointed out that Bartłomiej Sochański was a former politician with active ties to PiS.

Meanwhile, Deputy Minister of Justice Arkadiusz Myrcha commented that one of the candidates is a "friend of Zbigniew Ziobro," while the other is a "former PiS councilor." He also added that "this Tribunal has long ceased to fulfill its role."

Legal experts have raised multiple concerns about the legitimacy of the Constitutional Tribunal. Some argue that if the candidates were selected by so-called "substitute judges,", the appointment of a new president may be legally flawed. Prof. Andrzej Jackiewicz, a constitutionalist, said that Poland is still "dealing with a situation of unconstitutionality," adding new elements to the legal dispute.

Additionally, there are concerns about the functioning of the Tribunal, as two seats have been vacant since December. Justice Minister Adam Bodnar warned that appointing new judges to fill these vacancies would only legitimize the questionable functioning of the Tribunal.

Dr. Monika Haczkowska from the Polish Society of Constitutional Law noted that with the resignation of Julia Przyłębska at the end of November and the vacant positions, the Tribunal will be significantly reduced in number, with only 10 judges left, effectively rendering the Tribunal non-functional.

Julia Przyłębska resigned from the position of president of the Constitutional Tribunal at the end of November, just over a week before the end of her term as a judge. She is now serving as the "judge directing the work" of the Tribunal. Przyłębska, who has been a judge at the Tribunal since December 2015, was appointed president by President Duda in December 2016. Her term as a judge concluded on December 9, 2024.

The Constitutional Tribunal has faced widespread criticism from both legal experts and parts of the judiciary, especially regarding its legitimacy. The Sejm passed a resolution in March 2024, acknowledging the consequences of the constitutional crisis from 2015-2023. It stated that decisions made by the Tribunal in violation of the law could be considered a breach of legal principles by public authorities.

The resolution also declared that certain judges - Mariusz Muszyński, Jarosław Wyrembak, and Justyn Piskorski - are not valid members of the Tribunal, as their selection had violated the law. These individuals are referred to as "substitute judges" or "stand-in judges."

Since the Sejm's resolution, the Tribunal's rulings have not been published in the Journal of Laws, and the Tribunal itself declared the Sejm's March resolution unconstitutional at the end of May.