The Tribunal Explained · Poland's Constitutional Tribunal 1982–2026
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Status as of: 31 October 2026, 04:00 CET

What is going on with Poland's Constitutional Tribunal?

Since 2015 Polish institutions have disputed who sits on the Constitutional Tribunal and whether its rulings bind. Since 30 October 2026 two people each claim to lead it; no court has settled this.

In brief. Poland's Constitutional Tribunal (Trybunał Konstytucyjny, TK) checks whether statutes comply with the Constitution. It has 15 judges elected by the Sejm, the lower house of parliament.1 Each person elected must take an oath, which the statute says is taken "before the President"; only then does the service relationship begin, which allows the judge to start work.2 In 2026 the dispute mainly pits the Sejm and the government against President Karol Nawrocki (in office since August 2025) and the President of the Tribunal, Bogdan Święczkowski.3,4

2026 in six steps

  1. 13 March The Sejm fills six vacant seats: Magdalena Bentkowska, Marcin Dziurda, Anna Korwin-Piotrowska, Krystian Markiewicz, Dariusz Szostek and Maciej Taborowski. The President's Chancellery alleges procedural irregularities in the vote; the Chancellery of the Sejm rejects them.5,6,7
  2. 1 and 9 April On 1 April the President of the Republic receives the oath of two of them, Szostek and Bentkowska.8 He sets no date for the other four and does not answer their letters; on 9 April they take the oath in the Sejm (Szostek and Bentkowska repeat theirs there alongside them). The President of the Tribunal does not admit the four to adjudication, maintaining that without an oath before the President they have no service relationship.9,4
  3. May The European Court of Human Rights (ECtHR, the Council of Europe's court in Strasbourg) issues an interim measure telling Poland that its authorities must not obstruct the four from taking up their duties.10 On 12 May the Tribunal (case K 3/26) rules that the statute on the oath cannot be read as obliging the President to receive it. Five judges sat, presided over by Święczkowski, including two persons elected to seats the Tribunal itself had held filled in 2015 (judgment K 34/15); two dissented, and the government does not recognise the ruling.11,12
  4. June–October The Sejm elects Sławomir Patyra, who is sworn in before the President on 28 July after his own letters and an appeal by the Marshal of the Sejm.13,14 Patyra says he will not adjudicate until the four are admitted to adjudication.13 In September the Sejm elects Maciej Berek, a government minister until August; the President's Chancellery questions the documentation of his professional experience, and on 14 October he takes the oath in the Sejm.15,16,17
  5. 30–31 October Anna Korwin-Piotrowska, citing the provisions on substituting for the President of the Tribunal, issues orders imposing a one-month "break in official duties" on Bogdan Święczkowski and Bartłomiej Sochański, who reject them.18,19 During the night the President of the Republic enters the Tribunal building. His Chancellery says people in the doorway violated his personal inviolability; Maciej Berek says the President physically attacked judges; no authority has established what happened.20 Inside, the President tells Korwin-Piotrowska and those with her that they are not judges; she replies that they are.21
  6. Open questions Who leads the Tribunal? Is an oath taken in the Sejm valid? Do rulings by contested benches bind? No court has settled these disputes.22

The 15 seats today

The map shows the situation on 31 October 2026. The Chancellery of the Sejm considers all six people elected on 13 March 2026 to have been validly elected.7 The President of the Tribunal and the President's Chancellery consider that those who took the oath only in the Sejm have not entered into a service relationship (the legal relationship that makes someone a serving judge).4,17 Assigning people to seat numbers is a research convention, because the Sejm's resolutions do not say which seat each person fills.23

Seats on the Tribunal — as of 31 October 2026 10 + 5 + 0 + 0 = 15
  1. 01 Wyrembak Jarosław WyrembakSworn in before the PresidentElected: 26 Jan 2018 (Sejm term VIII)◇ elected to a seat the Tribunal (judgment K 34/15) held to be already filled△ the Sejm resolution of 6 March 2024 does not recognise this person as a judgePerson elected in 2017/2018 to a seat the Tribunal (K 34/15) held to have been filled on 8 Oct 2015 (ECtHR, M.L. v. Poland, § 173). The claim of the person elected on 8 Oct 2015 is not shown because the notes do not say how long it lasted (see research/conflicts). From 6 Mar 2024 a Sejm resolution states that this person is not a Tribunal judge.Since 6 Mar 2024
  2. 02 Berek Maciej BerekOath taken in the Sejm — status disputedElected: 4 Sep 2026 (Sejm term X)Oath: 14 Oct 2026, in the Sejm (not accepted by the President)Oath in the Sejm on 14 Oct 2026; the President and the President of the Tribunal do not recognise its effect.Since 14 Oct 2026
  3. 03 Dziurda Marcin DziurdaOath taken in the Sejm — status disputedElected: 13 Mar 2026 (Sejm term X)Oath: 9 Apr 2026, in the Sejm (not accepted by the President)The resolutions of 13 Mar 2026 do not assign seats. Convention: the four electees whose oath the President did not accept (alphabetically: Dziurda, Korwin-Piotrowska, Markiewicz, Taborowski) are mapped to the four older vacancies in the order they arose (Muszyński and Pszczółkowski – 4 Dec 2024, in seat-number order; Przyłębska – 10 Dec 2024; Jędrzejewski – 29 Apr 2025). From 9 Apr 2026 – oath taken in the Sejm, not recognised by the President or the President of the Tribunal.Since 9 Apr 2026
  4. 04 Korwin-Piotrowska Anna Korwin-PiotrowskaOath taken in the Sejm — status disputedElected: 13 Mar 2026 (Sejm term X)Oath: 9 Apr 2026, in the Sejm (not accepted by the President)The resolutions of 13 Mar 2026 do not assign seats. Convention: the four electees whose oath the President did not accept (alphabetically: Dziurda, Korwin-Piotrowska, Markiewicz, Taborowski) are mapped to the four older vacancies in the order they arose (Muszyński and Pszczółkowski – 4 Dec 2024, in seat-number order; Przyłębska – 10 Dec 2024; Jędrzejewski – 29 Apr 2025). From 9 Apr 2026 – oath taken in the Sejm, not recognised by the President or the President of the Tribunal. From 30 Oct 2026 this person maintains that she directs the Tribunal’s work (a function, not a seat).Since 9 Apr 2026
  5. 05 Markiewicz Krystian MarkiewiczOath taken in the Sejm — status disputedElected: 13 Mar 2026 (Sejm term X)Oath: 9 Apr 2026, in the Sejm (not accepted by the President)The resolutions of 13 Mar 2026 do not assign seats. Convention: the four electees whose oath the President did not accept (alphabetically: Dziurda, Korwin-Piotrowska, Markiewicz, Taborowski) are mapped to the four older vacancies in the order they arose (Muszyński and Pszczółkowski – 4 Dec 2024, in seat-number order; Przyłębska – 10 Dec 2024; Jędrzejewski – 29 Apr 2025). From 9 Apr 2026 – oath taken in the Sejm, not recognised by the President or the President of the Tribunal.Since 9 Apr 2026
  6. 06 Taborowski Maciej TaborowskiOath taken in the Sejm — status disputedElected: 13 Mar 2026 (Sejm term X)Oath: 9 Apr 2026, in the Sejm (not accepted by the President)The resolutions of 13 Mar 2026 do not assign seats. Convention: the four electees whose oath the President did not accept (alphabetically: Dziurda, Korwin-Piotrowska, Markiewicz, Taborowski) are mapped to the four older vacancies in the order they arose (Muszyński and Pszczółkowski – 4 Dec 2024, in seat-number order; Przyłębska – 10 Dec 2024; Jędrzejewski – 29 Apr 2025). From 9 Apr 2026 – oath taken in the Sejm, not recognised by the President or the President of the Tribunal.Since 9 Apr 2026
  7. 07 Szostek Dariusz SzostekSworn in before the PresidentElected: 13 Mar 2026 (Sejm term X)Oath: 1 Apr 2026, before the PresidentThe resolutions of 13 Mar 2026 do not assign seats; the President’s Chancellery links the two accepted oaths (Bentkowska, Szostek) to the vacancies left by K. Pawłowicz (5 Dec 2025) and M. Warciński (20 Dec 2025). Convention: order of election (Bentkowska first, Szostek fifth) is matched to the order in which the vacancies arose.Since 1 Apr 2026
  8. 08 Sochański Bartłomiej SochańskiSworn in before the PresidentElected: 6 Apr 2020 (Sejm term IX)Oath: 9 Apr 2020, before the PresidentAssignment to G. Jędrejek’s seat – interpretation from the seat balance (note 04). The order of 30 Oct 2026 imposing a “break in official duties” concerns the function, not the seat – the seat category does not change.Since 9 Apr 2020
  9. 09 Patyra Sławomir PatyraSworn in before the PresidentElected: 11 Jun 2026 (Sejm term X)Oath: 28 Jul 2026, before the PresidentSince 28 Jul 2026
  10. 10 Sych Wojciech SychSworn in before the President
  11. 11 Stelina Jakub StelinaSworn in before the PresidentElected: 21 Nov 2019 (Sejm term IX)Oath: 5 Dec 2019, before the PresidentSeat assignment within a jointly elected cohort – alphabetical convention (note 02, §1.7).Since 5 Dec 2019
  12. 12 Piotrowicz Stanisław PiotrowiczSworn in before the PresidentElected: 21 Nov 2019 (Sejm term IX)Oath: 5 Dec 2019, before the PresidentSeat assignment within a jointly elected cohort – alphabetical convention (note 02, §1.7).Since 5 Dec 2019
  13. 13 Bentkowska Magdalena BentkowskaSworn in before the PresidentElected: 13 Mar 2026 (Sejm term X)Oath: 1 Apr 2026, before the PresidentThe resolutions of 13 Mar 2026 do not assign seats; the President’s Chancellery links the two accepted oaths (Bentkowska, Szostek) to the vacancies left by K. Pawłowicz (5 Dec 2025) and M. Warciński (20 Dec 2025). Convention: order of election (Bentkowska first, Szostek fifth) is matched to the order in which the vacancies arose.Since 1 Apr 2026
  14. 14 Wojciechowski Rafał WojciechowskiSworn in before the PresidentOath: 7 Jan 2020, before the PresidentSince 7 Jan 2020
  15. 15 Święczkowski Bogdan ŚwięczkowskiSworn in before the PresidentElected: 8 Feb 2022 (Sejm term IX)Oath: 16 Feb 2022, before the PresidentThe order of 30 Oct 2026 imposing a “break in official duties” concerns the function, not the seat – the seat category does not change.Since 16 Feb 2022
  • Sworn in before the President 10
  • Oath taken in the Sejm — status disputed 5
  • Elected, no oath yet 0
  • Vacant seat 0
  • elected to a seat the Tribunal (judgment K 34/15) held to be already filled
  • the Sejm resolution of 6 March 2024 does not recognise this person as a judge

Seat numbering is a research convention without legal effect. Map with date slider and sources →

Who says what

Question Who says "yes", and why Who says "no", and why What courts / the Venice Commission said
Must the President receive the oath of everyone the Sejm elects? The Chancellery of the Sejm: the choice belongs to the Sejm alone and the President has no power to review it.7 The President's Chancellery: only two vacancies arose during Karol Nawrocki's term, so he received two oaths; it also cites procedural irregularities in the Sejm vote. The President says he has refused no one.6,4 The Tribunal in 2015 (K 34/15): the President must receive the oath without delay.24 The Tribunal in 2026 (K 3/26, bench described above, not recognised by the government): the statute cannot be read as imposing that duty.11,12 The Venice Commission (non-binding opinion): the President should receive the oath without delay and may not review the election.25,26
Is an oath taken in the Sejm valid? Those who took it, the Marshal of the Sejm and the government: yes, because it was taken in a lawful form when the President set no date.9,4 The President's Chancellery and the President of the Tribunal: no, because the statute requires an oath "before the President", in his presence. The National Council of Notaries: a notary's record does not itself create legal effects.17,4,27 ECtHR: interim measure — the authorities must not obstruct the four from taking up their duties; the Tribunal's spokesperson disputes the ECtHR's jurisdiction.10,28 The Venice Commission (non-binding opinion): where the President refuses or delays, the oath should be possible without his physical presence.25
Who has led the Tribunal since 30 October 2026? Anna Korwin-Piotrowska and those elected in 2026 who support her, backed by Prime Minister Donald Tusk and Prosecutor General Waldemar Żurek: Korwin-Piotrowska leads it as the person with the longest aggregate service (Art. 12(4) read with Art. 11(2) of the Organisation Act); the break rests on Art. 130 of the Law on the System of Common Courts.18,29,30 Bogdan Święczkowski and Bartłomiej Sochański, backed by the President of the Republic, the First President of the Supreme Court and PiS politicians: Święczkowski remains President of the Tribunal for his six-year term; no provision allows such a break in the duties of the President of the Tribunal, and Korwin-Piotrowska did not take the oath before the President.19,31 No court has ruled on this.22
Does the Tribunal as currently composed meet the standard of an independent tribunal established by law? The Tribunal and its President: yes; the ECtHR and the CJEU have no power to assess the Tribunal's structure.28,32 The Sejm (resolutions of 2024 and 2026) and the government: no.33,34 ECtHR (Xero Flor, 2021): a bench including a person elected to an already filled seat is not a "tribunal established by law". CJEU (C-448/23, 2025): the Tribunal does not meet the requirements of an independent and impartial tribunal established by law. The Tribunal (K 6/21) rejected the ECtHR's reading.35,36,37

Why it matters

  • Unpublished judgments. Since 2024 the government has not published the Tribunal's judgments in the Journal of Laws (Dziennik Ustaw, the official journal where law is published), citing Council of Ministers resolution no. 162/2024.38 Under the Constitution a provision held unconstitutional loses force when the judgment is published, so it is unclear which provisions are in force.1
  • No full bench. Since December 2025, assembling a full bench (at least 11 judges under the statute) has been difficult: first six seats were vacant, then in 2026 some judges refused to sit and five people were not admitted to adjudication. Cases that require a full bench are waiting.39,40,22
  • A European dimension. The ECtHR and the Court of Justice of the EU (CJEU, the EU's court in Luxembourg) have delivered judgments concerning the Tribunal whose jurisdiction the Tribunal does not accept, and the European Commission describes the problem in its annual Rule of Law Reports.35,36,32

How did we get here?

The crisis began in autumn 2015, but its roots lie in how judges were chosen between 1997 and 2015.

What's next — dates

  • 3 November 2026 A General Assembly of the Tribunal's judges called by Anna Korwin-Piotrowska (described in her order as the judge substituting for the President of the Tribunal); the only item on the agenda is the Tribunal's draft budget for 2027.41 Vice-President Bartłomiej Sochański describes her orders as "documents that do not exist".42
  • November 2026 The orders imposing the break in duties cover one month from 30 October. They also say "the competent disciplinary court" will be notified within three working days; which court that is remains unclear.18
  • The Prosecutor General's motions of 30 October (four seeking consent to prosecute Bogdan Święczkowski, one concerning Bartłomiej Sochański's immunity): the statute requires the General Assembly to decide within a month. As of 04:00 on 31 October there was no information that they had been examined, and no court has ruled.30,2
  • Autumn 2027 The next elections to the Sejm.43

Frequently asked questions

What is the Constitutional Tribunal?

It is the court that checks whether statutes comply with the Constitution, separate from the Supreme Court. It has 15 judges, each elected by the Sejm for nine years. Its judgments are final and must be published in the Journal of Laws.1 More: How the Tribunal works.

Why did the President swear in only some of the people elected in 2026?

His Chancellery maintains that only two seats fell vacant during Karol Nawrocki's term and that 11 judges are enough for a full bench; it also cites procedural irregularities in the Sejm vote.6 The Chancellery of the Sejm says this argument has no legal basis, and the Venice Commission, in a non-binding opinion, found that the President may not review the Sejm's choice.7,26 More: 2026: elections and oaths.

Is an oath taken in the Sejm valid?

That is disputed. The President and the President of the Tribunal say no, because the statute requires an oath "before the President"; so did the Tribunal in K 3/26, which the government does not recognise.17,11 The Sejm and the government say yes, relying among other things on K 34/15, under which the President must receive the oath without delay.24 The ECtHR ordered, by interim measure, that the four must not be obstructed from taking up their duties.10 The Venice Commission recommended that, where the President refuses or delays, the oath should be possible without his physical presence; its opinion is not binding.25 More: The key legal questions.

Who leads the Tribunal now?

Two sides make conflicting claims: Bogdan Święczkowski maintains that he is President of the Tribunal, and Anna Korwin-Piotrowska maintains that she directs its work.19,18 As of 04:00 CET on 31 October no court or other body had resolved this. More: October 2026.

Did the police enter the Tribunal building?

According to police statements, on 30 October officers operated on the Tribunal's outer grounds and in the street, not inside the building. Anna Korwin-Piotrowska had asked them to come, citing a possible threat to the life and health of judges and staff.44,19 Vice-President Bartłomiej Sochański spoke of police with shields and helmets on the Tribunal's grounds.19 No authority has assessed these actions.

Why does the government not publish the Tribunal's judgments?

The government relies on Council of Ministers resolution no. 162 of 18 December 2024, which builds on the Sejm resolution of 6 March 2024; according to the government's resolution, rulings of the Tribunal in its current composition should not be published.38 More: 2023–2025.

Who are the people critics call „dublerzy” ("stand-in judges")?

They are persons elected in December 2015, 2017 and 2018 to seats that the Tribunal itself, in judgment K 34/15, held to be already filled.24,35 More: The 2015–2017 crisis.

What have the European courts ruled?

In Xero Flor (2021) the ECtHR found that a bench of the Tribunal including such a person is not a "tribunal established by law". In C-448/23 (2025) the Court of Justice of the EU found that the Tribunal does not meet the requirements of an independent and impartial tribunal established by law, so Poland had breached EU law.35,36 The Tribunal rejects both courts' jurisdiction in these matters.32 More: Europe and the Tribunal.

Has Bogdan Święczkowski lost his immunity?

No. In October 2025 the Tribunal's General Assembly refused consent to his prosecution.45 On 30 October 2026 the Prosecutor General filed new motions; as of 04:00 on 31 October there was no information that they had been examined, and no court has ruled.30

Who is right?

This site does not decide. It shows what courts have found, what each side claims and which provisions they rely on. The rules are set out in Methodology and sources.

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Notes

  1. [legislation] Konstytucja, Dz.U. 1997 nr 78 poz. 483 (ELI). eli.gov.pl (accessed 31.10.2026) ↩
  2. [legislation] ELI, Dz.U. 2016 poz. 2073. api.sejm.gov.pl (accessed 31.10.2026) ↩
  3. [press] Notes from Poland, 12 VI 2026. notesfrompoland.com (accessed 31.10.2026) ↩
  4. [press] Prawo.pl, 23.04.2026. prawo.pl (accessed 31.10.2026) ↩
  5. [press] OKO.press, „Sejm wybrał sześcioro sędziów Trybunału Konstytucyjnego…”, 13.03.2026. oko.press (accessed 31.10.2026) ↩
  6. [press] Interia. wydarzenia.interia.pl (accessed 31.10.2026) ↩
  7. [press] Prawo.pl, „Kancelaria Sejmu: Sześcioro sędziów TK wybrano skutecznie”, 3.04.2026. prawo.pl (accessed 31.10.2026) ↩
  8. [press] NfP, 1.04.2026. notesfrompoland.com (accessed 31.10.2026) ↩
  9. [press] TVN24, „Sędziowie TK złożyli ślubowanie w Sejmie i pojechali do TK”, 9.04.2026. tvn24.pl (accessed 31.10.2026) ↩
  10. [ECtHR] ECHR, 6.05.2026. echr.coe.int (accessed 31.10.2026) ↩
  11. [press] Prawo.pl, 12.05.2026. prawo.pl (accessed 31.10.2026) ↩
  12. [press] NfP, 13.05.2026. notesfrompoland.com (accessed 31.10.2026) ↩
  13. [press] Prawo.pl, 28.07.2026. prawo.pl (accessed 31.10.2026) ↩
  14. [press] Polsat News, 22.07.2026. polsatnews.pl (accessed 31.10.2026) ↩
  15. [press] Polsat News, 4.09.2026. polsatnews.pl (accessed 31.10.2026) ↩
  16. [encyclopedia] en.wikipedia, Maciej Berek. en.wikipedia.org (accessed 31.10.2026) ↩
  17. [press] rp.pl, 27.10.2026. rp.pl (accessed 31.10.2026) ↩
  18. [Constitutional Tribunal] Trybunał Konstytucyjny, „Zarządzenie w sprawie przerwy w czynnościach sędziego Trybunału Konstytucyjnego Bartłomieja Sochańskiego” (PDF, skan), 30.10.2026. trybunal.gov.pl (accessed 31.10.2026) ↩
  19. [press] rp.pl, 30.10.2026, 19:59. rp.pl (accessed 31.10.2026) ↩
  20. [press] RMF24, 22:40/upd. 01:23. rmf24.pl (accessed 31.10.2026) ↩
  21. [press] TVN24, „Prezydent Karol Nawrocki do sędzi TK Anny Korwin-Piotrowskiej: nie jesteście sędziami TK”, 31.10.2026 02:41. tvn24.pl (accessed 31.10.2026) ↩
  22. [press] TVN24, 23.10.2026. tvn24.pl (accessed 31.10.2026) ↩
  23. [press] OKO.press, 1 IV 2026. oko.press (accessed 31.10.2026) ↩
  24. [Constitutional Tribunal] K 34/15, tekst (trybunal.gov.pl). trybunal.gov.pl (accessed 31.10.2026) ↩
  25. [press] TVN24, „Jest opinia Komisji Weneckiej…”. tvn24.pl (accessed 31.10.2026) ↩
  26. [press] Interia. wydarzenia.interia.pl (accessed 31.10.2026) ↩
  27. [press] Prawo.pl, 10.04.2026. prawo.pl (accessed 31.10.2026) ↩
  28. [press] NfP, 6.05.2026. notesfrompoland.com (accessed 31.10.2026) ↩
  29. [press] Interia. wydarzenia.interia.pl (accessed 31.10.2026) ↩
  30. [press] TVN24, 18:57. tvn24.pl (accessed 31.10.2026) ↩
  31. [press] TVN24, 30.10.2026. tvn24.pl (accessed 31.10.2026) ↩
  32. [EU institution] KE RoL 2026, SWD(2026) 921, s. 9 – za notatką 08. data.consilium.europa.eu (accessed 31.10.2026) ↩
  33. [press] Gazeta Prawna, 6 III 2024. gazetaprawna.pl (accessed 31.10.2026) ↩
  34. [press] TVN24, „Spór o Trybunał Konstytucyjny. Sejm podjął uchwałę…”, 13.03.2026. tvn24.pl (accessed 31.10.2026) ↩
  35. [ECtHR] HUDOC, nagłówek wyroku. hudoc.echr.coe.int (accessed 31.10.2026) ↩
  36. [CJEU / EU law] TSUE, komunikat prasowy cp250157pl, 18.12.2025. curia.europa.eu (accessed 31.10.2026) ↩
  37. [Constitutional Tribunal] TK (en), K 6/21. trybunal.gov.pl (accessed 31.10.2026) ↩
  38. [legislation] M.P. 2024 poz. 1068, eli.gov.pl (PDF). eli.gov.pl (accessed 31.10.2026) ↩
  39. [press] Polsat News, 13.03.2026. polsatnews.pl (accessed 31.10.2026) ↩
  40. [press] Prawo.pl, 13.05.2026. prawo.pl (accessed 31.10.2026) ↩
  41. [Constitutional Tribunal] Trybunał Konstytucyjny, „Zarządzenie nr 1/2026 sędzi Trybunału Konstytucyjnego zastępującej Prezesa Trybunału Konstytucyjnego z dnia 30 października 2026 r.” (PDF, skan), PDF utw. 31.10.2026 00:01. trybunal.gov.pl (accessed 31.10.2026) ↩
  42. [press] PCh24, „Wiceprezes TK w budynku organu. Oświadczył, że „zarządzenia” Korwin-Piotrowskiej nie są wiążące”, 31.10.2026 (godz. brak). pch24.pl (accessed 31.10.2026) ↩
  43. [press] Notes from Poland, 6 IX 2025. notesfrompoland.com (accessed 31.10.2026) ↩
  44. [press] RMF24, 30.10.2026, 17:49. rmf24.pl (accessed 31.10.2026) ↩
  45. [press] Notes from Poland, 17 X 2025. notesfrompoland.com (accessed 31.10.2026) ↩