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Poland - April 2026

Legal uncertainty escalates over Constitutional Tribunal appointments
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On 1 April, President Karol Nawrocki swore in two judges elected by parliament but refused to administer the oath to four others. In response, on 9 April, Parliament hosted a controversial ceremony to swear in the remaining judges, effectively bypassing the president’s role in the formal appointment process. Since late 2025, vacancies on the court have reduced its staffing below the legally required quorum, after one judge’s term expired and another retired. Parliament elected these six new judges in March 2026 in an attempt to restore the court’s functioning. The President and the TK Chief Justice have rejected the parliamentary ceremony as invalid. The dispute threatens to call into question the validity of future rulings and deepens the legal uncertainty around the court. The European Court of Human Rights issued interim measures in May requiring that the four judges be allowed to take up their duties. In parallel, the TK is reviewing the constitutionality of their appointment.

Sources: ConstitutionNet, Notes from Poland (1), Notes from Poland (2), Notes from Poland (3), Notes from Poland (4), European Court of Human Rights 

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