The Tribunal Explained · Poland's Constitutional Tribunal 1982–2026
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Origins: from the Polish People's Republic to the 1997 Constitution

Status as of: 31 October 2026, 04:00 CET Last updated: 31.10.2026 Basics: 4 min read · For followers: 11 min read · Expert: 27 min read

The 1982 amendment, the 1985 Act, the first bench and U 1/86, changes after 1989, resolution W 6/93, and the 1997 Constitution and Tribunal Act.

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BasicsPlain language, the essential facts For followersNames, dates, votes, who says what ExpertProvisions, case numbers, benches, footnotes to sources

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Contents — Basics
  1. Where the Tribunal came from
  2. The first Tribunal: 12 members, and the Sejm had the last word
  3. Changes from the late 1980s
  4. The 1997 Constitution and the new Act
  5. Why it matters

Level of detail: Basics4 min read

Where the Tribunal came from

The Constitutional Tribunal (Trybunał Konstytucyjny, TK) checks whether statutes and other rules comply with Poland's Constitution. It has worked since 1986, but its story begins in the Polish People's Republic (PRL).

Under the 1952 Constitution, this check was the job of a state body, the Council of State (Rada Państwa). In 1980–81 the bar, the ruling Polish United Workers' Party (PZPR), the Democratic Party (SD) and, later, a congress of the Solidarity trade union called for a separate court.

On 26 March 1982, under martial law, the Constitution was amended to create the Tribunal. But the statute on how it would work came only on 29 April 1985. A 2016 article in the weekly Polityka links the delay to the authorities' fears of the new institution.

The first Tribunal: 12 members, and the Sejm had the last word

The 1985 Act provided for 12 members: a President, a Vice-President and ten judges. They were elected for eight years by the Sejm, the main chamber of the Polish parliament. Every four years, half were elected anew. The Sejm could also recall members. Members took their oath (a solemn pledge) before the Marshal of the Sejm, the chamber's presiding officer.

The key limit: if the Tribunal found a statute unconstitutional, the Sejm could reject the ruling by a two-thirds majority. Rulings on lower-ranking rules, such as government regulations, were final.

The Sejm elected the first 12 members on 12 November 1985. Their terms began on 1 December 1985, and the Act entered into force on 1 January 1986. Professor Alfons Klafkowski became the Tribunal's President. Before the vote, the PZPR leadership set a party key. According to Polityka, the bench had six PZPR members, three from the United People's Party (ZSL) and the Democratic Party (SD) and three with no party membership.

The first ruling, case U 1/86 of 28 May 1986, concerned a government regulation on perpetual usufruct (a long-term right to use state land) and the sale of state property. About 107,000 people were affected. The Tribunal sided with the applicant, a regional authority in Wrocław. One judge filed the Tribunal's first dissenting opinion, a formal statement of disagreement.

Changes from the late 1980s

The Act was amended many times. More institutions could bring cases, including the Commissioner for Human Rights (the Ombudsman, from 1988). The Tribunal also gained the power to issue binding interpretations of statutes that everyone had to follow.

According to a Tygodnik Powszechny columnist, the Sejm often neither accepted nor rejected rulings on statutes. In October 1993, in resolution W 6/93, the Tribunal held that if the Sejm did not consider such a ruling within six months, the unconstitutional statute lost its force. The same author considers that the Tribunal thereby extended its own powers.

The 1997 Constitution and the new Act

The Constitution of 2 April 1997 entered into force on 17 October 1997. It provides for 15 judges, elected individually by the Sejm for nine years, with no re-election. The President of the Republic (the head of state) appoints the President and Vice-President of the Tribunal from candidates put forward by its judges. Rulings are final and binding on everyone. Until 17 October 1999, the Sejm could still reject rulings on statutes adopted before the Constitution took effect. Since 17 October 1997, private individuals can also bring cases, through a constitutional complaint. The Tribunal lost its interpretation power.

The Tribunal Act of 1 August 1997 turned the existing members into judges. On 5 November 1997 the Sejm elected three additional judges, and on 19 November three successors for members whose terms were ending.

Why it matters

Since October 1999 the Sejm can no longer overturn the Tribunal's rulings. They decide on rules that, as in case U 1/86, affect everyday life. Many rules disputed today, such as election of judges by the Sejm, the oath and term length, took shape then. The 1997 Constitution does not mention the judges' oath. The Act of 1 August 1997 moved it from the Marshal of the Sejm to the President of the Republic.

Key events: 1 Jan 1982 – 31 Dec 1997
  1. Constitutional amendment creates the Constitutional Tribunal (Art. 33a)legislation
  2. Sejm passes the Constitutional Tribunal Act of 29 April 1985legislation
  3. Tribunal Act published in the Journal of Laws (Dz.U. 1985 No. 22 item 98)publicationlegislation
  4. Sejm resolution on detailed procedure before the Tribunalresolutionlegislation
  5. Sejm elects the first 12 Tribunal members, including President and Vice-Presidentelectionleadership
  6. Terms of the Tribunal's first members beginelection
  7. The 1985 Act takes effect and the Tribunal begins operatinglegislation
  8. First application: Wrocław regional council challenges a government regulationruling
  9. Tribunal's first hearing (case U 1/86) held on Sejm premisesruling
  10. First Tribunal ruling (U 1/86) and its first dissenting opinionruling
  11. Tribunal member Henryk de Fiumel dies, leaving 11 memberselection
  12. Maria Łabor-Soroka succeeds Henryk de Fiumel on the Tribunalelection
  13. Ombudsman Act gives the Commissioner for Human Rights standing before the Tribunallegislation
  14. Act transferring the Council of State's powers amends the Tribunal Actlegislation

Full timeline (40 events in this period) →

Contents — For followers
  1. Origins: from the Council of State to the 1982 amendment
  2. The Constitutional Tribunal Act of 29 April 1985
  3. The first bench and the first ruling
  4. Membership 1985–1997: Presidents, Vice-Presidents, changes
  5. 1989–1997: amendments and new powers
  6. The Sejm and the rulings; resolution W 6/93
  7. The Constitution of 2 April 1997
  8. The Act of 1 August 1997: from 12 to 15 judges
  9. Who claims what

Level of detail: For followers11 min read

Origins: from the Council of State to the 1982 amendment

Under the 1952 Constitution of the Polish People's Republic (PRL), the Council of State (Rada Państwa) supervised whether laws complied with the Constitution; the 1982 amendment transferred this task to a new Constitutional Tribunal.1 According to M. Henzler in the weekly Polityka (2016), the Council of State was given this duty in 1976 and set out the procedure in a 1979 resolution.2

Polityka reports that in 1980–81 the bar, the Democratic Party (SD) and the Polish United Workers' Party (PZPR) called for a constitutional court. A resolution of the 9th Extraordinary Congress of the PZPR (July 1981) proposed creating one or giving the role to the Supreme Court; about three months later the 1st National Congress of Delegates of the Solidarity trade union made a similar demand.2

On 26 March 1982, under martial law, the PRL Constitution was amended to add provisions on the Constitutional Tribunal and on the State Tribunal (Trybunał Stanu); on the same day the Sejm, the main chamber of the Polish parliament, passed the State Tribunal Act.2 The new Article 33a(4) provided that the Sejm would elect the Tribunal's members from among persons "distinguished by their legal knowledge".3

The statute on the Tribunal followed only on 29 April 1985. Henzler writes that the three-year delay reflected the authorities' fears of an institution that would have been the first of its kind in the socialist bloc outside Yugoslavia.2

The Constitutional Tribunal Act of 29 April 1985

The Act of 29 April 1985 (Journal of Laws, Dziennik Ustaw, Dz.U. 1985 No. 22, item 98) was published on 14 May 1985, entered into force on 1 January 1986 and remained in force until 17 October 1997; a consolidated text appeared in 1991 (Dz.U. 1991 No. 109, item 470).4,5 Key features of the original text:

  • Composition: a President, a Vice-President and ten judges, 12 members in all, elected and recalled by the Sejm (Art. 13(1)–(2)).5
  • Qualifications: legal knowledge and the qualifications required to be a judge of the Supreme Court or the Supreme Administrative Court (NSA) (Art. 13(3)).5
  • Term: eight years; half of the members were elected every four years; re-election was barred unless the previous term had been shorter than four years (Art. 13(4)).5
  • First bench: elected for four- and eight-year terms starting on 1 December 1985 (Art. 34).5
  • Oath: taken before the Marshal of the Sejm (the chamber's presiding officer); the original formula referred to the PRL Constitution and the socialist system (Art. 13(6)).5
  • End of membership: the Sejm recalled a member who, for example, resigned, was convicted or broke the oath, and recorded the expiry of the mandate on death; it elected a successor within three months to serve out the predecessor's term (Art. 14).5,6
  • Powers: ruling on whether statutes and decrees (approved by the Sejm) complied with the Constitution, and whether other normative acts complied with the Constitution and statutes (Arts. 1–2).5
  • Applicants: among others the Presidium of the Sejm, Sejm committees, 50 MPs, the Council of State, the Council of Ministers, the First President of the Supreme Court and the Prosecutor General; courts could refer questions of law (Arts. 19, 22).5

The effect of rulings was the crux. A ruling that a statute was unconstitutional went to the Sejm, which considered it at its current or next session and could amend or repeal the statute, or reject the ruling by at least two thirds of the votes with at least half of all MPs present (Art. 6).5 A Sejm resolution of 31 July 1985 on procedure before the Tribunal set a six-month deadline and barred the Tribunal from re-examining a rejected ruling.7 Rulings on acts ranking below statutes were final: the issuing body had three months to remove the inconsistency, failing which the act lost force (Arts. 8, 9 and 27).5

The first bench and the first ruling

The Sejm elected the first 12 members on 12 November 1985, six for four years and six for eight years, including the Tribunal's President and Vice-President.2 Their terms began on 1 December 1985.1

Before the vote, the Politburo of the PZPR Central Committee adopted "principles of political participation in the composition of the Tribunal".2 According to Polityka, the bench included six PZPR members, two members of the United People's Party (ZSL), one SD member and three people with no party membership; the Act did not bar party membership.2 T. Zalasiński, citing Z. Czeszejko-Sochacki, gives the Politburo's plan as PZPR 6, ZSL 2, SD 1–2 and non-party 2–3.3

The President of the Tribunal was Professor Alfons Klafkowski, whom Polityka describes as a 73-year-old retired professor of Adam Mickiewicz University (UAM), former MP and member of the Council of State, without party membership and a member of the PAX Association. The Vice-President was Professor Leonard Łukaszuk of the Polish Institute of International Affairs (PISM), a PZPR member and former head of the Interior Ministry's Legal Office.2 Natalia Gajl, with no party membership, was the first woman on the Tribunal.2

The first ruling, U 1/86 of 28 May 1986, concerned a Council of Ministers regulation of 16 September 1985 on perpetual usufruct and the sale of state property, which Polityka says affected about 107,000 citizens.1,2 The applicant (23 January 1986) was the Presidium of the Voivodeship National Council in Wrocław; the bench was Kazimierz Działocha (presiding), Stanisław Pawela (rapporteur) and Remigiusz Orzechowski. Hearings were held on 25 and 29 April 1986 in Sejm premises, as the Tribunal had no building.2 The Tribunal ruled as the applicant had requested, finding the regulation non-compliant; Orzechowski wrote the Tribunal's first dissenting opinion.2

Membership 1985–1997: Presidents, Vice-Presidents, changes

The Presidents of the Tribunal were Alfons Klafkowski (1985–1989), Mieczysław Tyczka (1989–1993) and Andrzej Zoll (1993–1997); the Vice-Presidents were Leonard Łukaszuk (1985–1993) and Janusz Trzciński (1993–2001).1,8 In all, 28 people were members under the 1985 Act.1,8

Group Members From Until (per the Tribunal) Electing Sejm
Elected 12 Nov 1985, terms to 1989 Alfons Klafkowski, Kazimierz Buchała, Natalia Gajl, Adam Józefowicz, Andrzej Kabat, Stanisław Pawela 1 Dec 1985 30 Nov 1989 9th term, PRL era1,9
Elected 12 Nov 1985, terms to 1993 Leonard Łukaszuk, Czesław Bakalarski, Kazimierz Działocha, Henryk Groszyk, Remigiusz Orzechowski (until 14 Sep 1993), Henryk de Fiumel (died 17 Jun 1986) 1 Dec 1985 30 Nov 1993 9th term, PRL era1,9
Successor to H. de Fiumel Maria Łabor-Soroka 25 Sep 1986 30 Nov 1993 9th term, PRL era1,9
Group from 1 Dec 1989 Mieczysław Tyczka (resigned 17 Jun 1994), Antoni Filcek (resigned 31 Oct 1992), Janina Zakrzewska (died 27 May 1995), Tomasz Dybowski, Wojciech Łączkowski, Andrzej Zoll 1 Dec 1989 30 Nov 1997 10th term (1989–1991)1,8,9
Addition in 1993 Ferdynand Rymarz 19 Feb 1993 19 Feb 2001 1st term (1991–1993)8,9
Group from 1 Dec 1993 Janusz Trzciński, Zdzisław Czeszejko-Sochacki, Lech Garlicki, Stefan Jaworski, Błażej Wierzbowski (resigned 30 Nov 1998), Wojciech Sokolewicz (resigned 31 May 1999) 1 Dec 1993 1 Dec 2001 2nd term (1993–1997)8,9
Additions in 1994–1995 Krzysztof Kolasiński; Jadwiga Skórzewska-Łosiak 27 May 1994; 21 Jul 1995 27 May 2002; 21 Jul 2003 2nd term (1993–1997)8,9

Dates are from the Tribunal's archive; the dates and official-gazette numbers of the Sejm's election resolutions for 1986–1995 are not established.1,8 The Tribunal's data contain one inconsistency: Krzysztof Kolasiński's term starts on 27 May 1994, while Mieczysław Tyczka resigned only on 17 June 1994.1,8

1989–1997: amendments and new powers

Between 1987 and 1997 the Act was amended 13 times; the 1991 consolidated text incorporated the first eight amendments.4,6 They included the 1987 Act on the Commissioner for Human Rights (the Ombudsman, RPO, an applicant from 1 January 1988), the Act of 29 May 1989 transferring the Council of State's powers, and amending Acts of 1 December 1989 and 19 January 1990.4,6

Under the 1991 consolidated text, applicants also included the President of the Republic, the Presidium of the Senate (the upper chamber), 30 senators, the State Tribunal, the Prime Minister, the Ombudsman and the heads of the Supreme Audit Office (NIK) and the NSA; the Tribunal could act on its own initiative (Art. 22).6

The same text empowered the full bench to lay down universally binding interpretations of statutes by resolution, on application by six office-holders including the President of the Republic, the Prime Minister and the Ombudsman; the resolutions were published in the Journal of Laws (Arts. 5 and 13).6 The oath was still taken before the Marshal, but the formula now included a pledge to "stand guard over the Constitution and statutes" (Art. 15(6)).6 The provision on the Sejm's handling of rulings, now Art. 7, set a six-month deadline and kept the two-thirds threshold for rejection.6

The Small Constitution of 17 October 1992 unverified, an interim constitutional act, brought no confirmed change to the Tribunal's status according to the available material; it is reported to have kept the earlier constitutional provisions on the Tribunal in force unverified.10

The Sejm and the rulings; resolution W 6/93

The available material documents no specific case of the Sejm formally rejecting a Tribunal ruling between 1986 and 1997, and gives no statistics.11,7,12 J. Popieluch writes in the weekly Tygodnik Powszechny (2016) that the Sejm often neither accepted nor rejected a ruling within the deadline, because inaction was "the path of least resistance" given the two-thirds requirement.11 His example is a ruling of 8 December 1992, on the application of the Ombudsman, Prof. T. Zieliński, that a provision letting authorities set land prices by unilateral declaration was unconstitutional; the Sejm neither accepted nor rejected it.11

On 20 October 1993 the full bench, chaired by Vice-President Leonard Łukaszuk and acting on the Ombudsman's application, adopted resolution W 6/93 interpreting Art. 7(2) of the Tribunal Act (Dz.U. 1993, item 481).13,7 The Tribunal held that the Sejm "is obliged to consider the ruling" that a statute is unconstitutional. If it does not do so within six months, the ruling stands and the statute loses force on the day an announcement by the President of the Tribunal is published; dissolution of the Sejm and Senate suspends the deadline.13 Popieluch argues that the Tribunal thereby extended its own powers and partly freed itself from Sejm control; until the 1997 Constitution, rulings the Sejm left unconsidered took effect through announcements by the Tribunal's Presidents.11

The Constitution of 2 April 1997

The Constitution of the Republic of Poland of 2 April 1997 (Dz.U. 1997 No. 78, item 483) entered into force on 17 October 1997.14,12 Its provisions on the Tribunal:

  • Art. 194(1): 15 judges elected individually by the Sejm for nine years from among persons distinguished by legal knowledge; re-election is not permitted.15,3
  • Art. 194(2): the President of the Republic appoints the President and Vice-President of the Tribunal from candidates presented by the General Assembly of the Tribunal's judges.15,12
  • Art. 190(1): the Tribunal's rulings are universally binding and final.15
  • Arts. 188–189: review of normative acts against higher law, constitutional complaints, political-party matters and competence disputes between central state bodies.15
  • Arts. 195–196: judicial independence, a ban on membership of political parties and trade unions, and immunity: criminal prosecution of a judge requires the Tribunal's prior consent.15
  • Art. 239(1): until 17 October 1999, rulings that pre-Constitution statutes are unconstitutional are not final; the Sejm may reject them by two thirds with at least half of the statutory number of MPs present, except rulings on questions of law referred by courts.7,12,15
  • Art. 239(2)–(3): pending interpretation proceedings were discontinued and interpretive resolutions lost universally binding force, though final decisions based on them remained valid.12

In 1997 the Tribunal adopted five interpretive resolutions, and from 17 October 1997 constitutional complaints could be lodged.12 In its report on its activity in 1997, the Tribunal was critical of the transition period, noting that the Sejm did not have to comply with its rulings.12

The Act of 1 August 1997: from 12 to 15 judges

The Constitutional Tribunal Act of 1 August 1997 (Dz.U. 1997 No. 102, item 643) was published on 1 September 1997 and entered into force on 17 October 1997; the provisions on the number of judges and on the transition (Art. 5(1) and Art. 88(2)–(3)) applied from 9 September 1997.16 It repealed the 1985 Act (Art. 92).17

  • Election: candidates are nominated by at least 50 MPs or the Presidium of the Sejm; the Sejm elects a judge by an absolute majority with at least half of all MPs present (Art. 5(4)).17
  • Oath: before the President of the Republic, no longer before the Marshal of the Sejm; refusing to take the oath is equivalent to resigning the post (Art. 5(5)–(6)).17,18 The Constitution itself does not mention the judges' oath.15
  • President and Vice-President: appointed by the President of the Republic from two candidates for each post presented by the General Assembly (Art. 15(1)).17
  • Transition: existing members became judges; the term of those elected under the 1985 Act "lasts eight years from the moment of election"; the Sejm was to elect as many judges as needed to reach 15 (Art. 88).17
  • Rulings on older statutes: the Sejm had six months to consider a ruling; if it took no decision, the ruling became final (Art. 89).17

On 5 November 1997, at its first sitting, the Sejm of the 3rd term elected Teresa Dębowska-Romanowska, Marek Safjan and Marian Zdyb, bringing the Tribunal to 15 judges (Monitor Polski, the official gazette, M.P. 1997 No. 82, item 789).12,19 On 19 November 1997 it elected Biruta Lewaszkiewicz-Petrykowska, Wiesław Johann and Andrzej Mączyński in place of Tomasz Dybowski, Wojciech Łączkowski and Andrzej Zoll, with terms from 1 December 1997 (M.P. 1997 No. 83, item 810).12,20 The other members elected under the 1985 Act served out their terms by 2003; Wierzbowski and Sokolewicz resigned earlier.8

On 25 November 1997 the General Assembly of the Tribunal chose two candidates for President, and on 6 January 1998 the President of the Republic appointed Marek Safjan.12 Who led the Tribunal between the end of Andrzej Zoll's term (30 November 1997) and that date is not stated in the available sources.12,8

Who claims what

Claim Who Legal basis invoked Counter-position Who Basis invoked What courts / Venice Commission said Status
The Tribunal Act was delayed three years because the authorities feared the new institution M. Henzler, Polityka (2016) none (historical account) not documented — — nothing single press account2
Through W 6/93 the Tribunal extended its own powers and partly freed itself from Sejm control J. Popieluch, Tygodnik Powszechny (2016) none not documented — — in W 6/93 the Tribunal held that the Sejm must consider a ruling and that after six months the statute loses force according to Popieluch, applied until the 1997 Constitution took effect11,13
The Art. 239 transition weakened rulings because the Sejm did not have to comply with them the Tribunal (report on its activity in 1997) Art. 239(1) of the Constitution not documented — — nothing the transition ended on 17 October 199912,15

Notes

  1. [Constitutional Tribunal] TK-1985-97. trybunal.gov.pl (accessed 31.10.2026) ↩
  2. [press] POLITYKA2016. polityka.pl (accessed 31.10.2026) ↩
  3. [press] ZALASIŃSKI. inpris.pl (accessed 31.10.2026) ↩
  4. [legislation] U1985-META. api.sejm.gov.pl (accessed 31.10.2026) ↩
  5. [legislation] U1985. api.sejm.gov.pl (accessed 31.10.2026) ↩
  6. [legislation] TJ1991. api.sejm.gov.pl (accessed 31.10.2026) ↩
  7. [press] RADZIEWICZ. inpris.pl (accessed 31.10.2026) ↩
  8. [Constitutional Tribunal] TK-SPOCZ. trybunal.gov.pl (accessed 31.10.2026) ↩
  9. [encyclopedia] en.wikipedia – Constitutional Tribunal (Poland). en.wikipedia.org (accessed 31.10.2026) ↩
  10. [legislation] Ustawa Konstytucyjna z dnia 17 października 1992 r. o wzajemnych stosunkach między władzą ustawodawczą i wykonawczą Rzeczypospolitej Polskiej oraz o samorządzie terytorialnym (Mała Konstytucja) — Dz.U. 1992 nr 84 poz. 426 (ISAP WDU19920840426) – oznaczenie podane w notatce 01_historia_1982_1997, sekcja 5, jako NIEZWERYFIKOWANE w sesji badawczej; tekstu nie pobrano. (accessed 31.10.2026) ↩
  11. [press] TP2016. tygodnikpowszechny.pl (accessed 31.10.2026) ↩
  12. [Constitutional Tribunal] TK-INF1997. trybunal.gov.pl (accessed 31.10.2026) ↩
  13. [legislation] W1993. eli.gov.pl (accessed 31.10.2026) ↩
  14. [legislation] Konstytucja, Dz.U. 1997 nr 78 poz. 483 (ELI). eli.gov.pl (accessed 31.10.2026) ↩
  15. [legislation] Konstytucja, ISAP. isap.sejm.gov.pl (accessed 31.10.2026) ↩
  16. [legislation] ELI DU/1997/643 (metadane). api.sejm.gov.pl (accessed 31.10.2026) ↩
  17. [legislation] U1997. api.sejm.gov.pl (accessed 31.10.2026) ↩
  18. [legislation] tekst pierwotny. api.sejm.gov.pl (accessed 31.10.2026) ↩
  19. [legislation] M.P. 1997 poz. 789. api.sejm.gov.pl (accessed 31.10.2026) ↩
  20. [legislation] M.P. 1997 poz. 810. api.sejm.gov.pl (accessed 31.10.2026) ↩
Contents — Expert
  1. 1. Before 1982: the Council of State as supervisor
  2. 2. The constitutional amendment of 26 March 1982 (Article 33a)
  3. 3. The Constitutional Tribunal Act of 29 April 1985 (Dz.U. 1985 No. 22, item 98)
  4. 4. The first bench (elected 12 November 1985) and ruling U 1/86
  5. 5. Changes in membership, 1986–1997
  6. 6. Amendments to the Tribunal Act, 1987–1997
  7. 7. The Sejm's handling of rulings and resolution W 6/93
  8. 8. The Constitution of 2 April 1997 (Dz.U. 1997 No. 78, item 483)
  9. 9. The Act of 1 August 1997 (Dz.U. 1997 No. 102, item 643) and the move from 12 to 15 judges
  10. Disputed points
  11. Evidentiary gaps

Level of detail: Expert27 min read

1. Before 1982: the Council of State as supervisor

Under the 1952 Constitution of the Polish People's Republic (PRL), supervising the conformity of law with the Constitution was entrusted to the Council of State (Rada Państwa); the 1982 amendment transferred this competence to the newly created Constitutional Tribunal.1 According to M. Henzler (Polityka, 2016), in 1976 the Council of State was given a duty to oversee the constitutionality of law, and in 1979 it adopted a resolution setting out how it would do so.2

According to the same source, in 1980–81 the bar, the Democratic Party (SD) and the Polish United Workers' Party (PZPR) called for a constitutional court. A resolution of the PZPR's 9th Extraordinary Congress (July 1981) proposed creating one or entrusting the role to the Supreme Court; about three months later the 1st National Congress of Delegates of the Solidarity trade union (NSZZ „Solidarność”) made a similar demand.2

2. The constitutional amendment of 26 March 1982 (Article 33a)

On 26 March 1982, while martial law was in force, the Sejm amended the PRL Constitution to add provisions on the Constitutional Tribunal and the State Tribunal (Trybunał Stanu); the same day it passed the State Tribunal Act.2 Article 33a(4), as amended, provided that the Sejm elects the Tribunal's members from among persons "distinguished by their legal knowledge".3

The ELI (European Legislation Identifier) record of the 1985 Act refers to items DU/1982/83 and DU/1982/214 of the Journal of Laws. The first is identified as the constitutional amendment of 26 March 1982 (Dz.U. 1982 No. 11, item 83) unverified; the title of the second has not been established.4 The full wording of Article 33a(1)–(5) has not been verified in a primary source (see "Evidentiary gaps").3

The implementing statute came three years after the amendment. M. Henzler attributes the delay to the authorities' fears of an institution that would have been the first of its kind in the socialist bloc outside Yugoslavia; he also writes that the Act contained a safeguard in the form of the Sejm's power to reject rulings.2 The disputes over the Tribunal in 1981–1985 are the subject of a separate article in Czasopismo Prawno-Historyczne (a legal-history journal), whose content was not used here.5

3. The Constitutional Tribunal Act of 29 April 1985 (Dz.U. 1985 No. 22, item 98)

3.1. Record and numbering

The Act is dated 29 April 1985, was published on 14 May 1985 and entered into force on 1 January 1986 (except Arts. 32 and 34, which applied from publication, Art. 36); it was repealed with effect from 17 October 1997 by Art. 92 of the Act of 1 August 1997.4,6,7 A consolidated text was published in Dz.U. 1991 No. 109, item 470.4,8 Article numbers differ between the two texts: the provision on the Sejm's handling of rulings is Art. 6 of the original and Art. 7 of the consolidated text; composition is Art. 13 and Art. 15; successors are Art. 14(3) and Art. 16(3).6,8

3.2. Composition, term, election

Art. 13(1) read: "The members of the Constitutional Tribunal are: the president, the vice-president and ten judges", that is, 12 posts.6 Members were elected and recalled by the Sejm (para. 2), from among persons with legal knowledge and the qualifications required for a judge of the Supreme Court or the NSA (para. 3).6 The term was eight years, half of the members were elected every four years, and re-election was allowed only if the previous term had been shorter than four years (para. 4).6 A transitional provision (Art. 34(1)–(2)) had the first bench elected for four- and eight-year terms running from 1 December 1985; until that date the first President performed organisational tasks (Art. 34(3)).6

The Act did not say who nominated candidates, nor did it set a separate procedure for choosing the President and Vice-President: Art. 13(1) merely listed these functions, and Art. 16(2) provided that the Marshal of the Sejm decided the President's service matters and the President those of the Vice-President.6 According to Polityka, in November 1985 the Sejm elected 12 members, the President and Vice-President among them.2

3.3. Oath and end of membership

A member took the oath before the Marshal of the Sejm (Art. 13(6)); the formula began with a solemn pledge to perform the duties of a member of the Tribunal and, in the original text, referred to the PRL Constitution and the socialist system.6 In the 1991 consolidated text (Art. 15(6)) the oath was still taken before the Marshal, and the formula included a pledge to "stand guard over the Constitution and statutes"; which amendment changed the formula has not been established.8 The dates on which the first bench took the oath are not documented.1

The Sejm recalled a member who resigned, became permanently unable to serve, was convicted, broke the oath or was dismissed from office by a final disciplinary decision (Art. 14(1)); on a member's death the Sejm recorded the expiry of the mandate (para. 2).6 The Sejm elected a successor within three months, who served until the end of the predecessor's term (Art. 14(3) of the original, Art. 16(3) of the consolidated text).6,8

3.4. Powers and applicants

The Tribunal ruled on whether statutes and decrees (approved by the Sejm) complied with the Constitution, and whether other normative acts complied with the Constitution and statutes, examining their content, the competence of the issuing body and the procedure (Art. 1 points 1–2, Art. 2).6 Applications could come from, among others, the Presidium of the Sejm, Sejm committees, 50 MPs, the Council of State, the Council of Ministers, the First President of the Supreme Court and the Prosecutor General (Art. 19(1)); in defence matters from the National Defence Committee (Komitet Obrony Kraju, Art. 19(2)); and within their remit from regional bodies and certain organisations (Art. 20). Courts and other bodies could refer questions of law (Art. 10(1), Art. 22(1)).6

After the amendments (Art. 22(1) of the consolidated text), applicants included the President of the Republic, the Presidium of the Sejm, Sejm committees, 50 MPs, the Presidium of the Senate, Senate committees, 30 senators, the State Tribunal, the Council of Ministers, the Prime Minister, the Ombudsman, the President of NIK, the First President of the Supreme Court, the President of the NSA and the Prosecutor General. The Tribunal could act on its own initiative (Art. 22(2)), and municipal councils, regional assemblies (sejmiki), professional organisations and trade unions could apply within their remit (Art. 23(1)).8

3.5. Effect of rulings: consideration by the Sejm and the two-thirds threshold

Under Art. 6 of the original text, the President of the Tribunal presented a ruling that a statute was unconstitutional to the Sejm, which considered it during the current or, at the latest, the next session (paras. 1–2). If it accepted the ruling, the Sejm made the necessary amendments to the act or repealed it (para. 3); a resolution rejecting the ruling required at least two thirds of the votes with at least half of all MPs present (para. 4).6 In the 1991 consolidated text (Art. 7(1)–(4)) the Sejm had six months to consider a ruling, with the rejection threshold unchanged.8

Art. 47 of the Sejm resolution of 31 July 1985 on the detailed procedure before the Tribunal provided that rulings on statutes were forwarded to the Sejm and considered within six months; the Tribunal could not re-examine a rejected ruling.11 The Tribunal's rulings were final, subject to the Sejm procedure for statutes (Art. 27(1)). For acts below statutes, the issuing body had three months to remove the inconsistency, after which the act lost force (Art. 8(1), Art. 9(1) of the original; Arts. 9–10 of the consolidated text, which also allowed the act to be suspended).6,8 Rulings were issued in the name of the PRL, in writing and with reasons, and the loss of force of an act was announced in the relevant official journal (Art. 9(3), Arts. 26 and 29).6

4. The first bench (elected 12 November 1985) and ruling U 1/86

4.1. Election and the party key

The Sejm elected 12 members on 12 November 1985, six for four years and six for eight years; terms ran from 1 December 1985.2,1 Before the vote, the Politburo of the PZPR Central Committee adopted "principles of political participation in the composition of the Tribunal", which T. Zalasiński also reports, citing Z. Czeszejko-Sochacki.2,3

The sources differ on the party breakdown. According to Polityka, the actual bench had six PZPR members, two from the United People's Party (ZSL), one from the SD and three with no party membership, and party membership was not barred.2 According to Zalasiński (citing Czeszejko-Sochacki), the Politburo's plan was PZPR 6, ZSL 2, SD 1–2 and non-party 2–3. Both agree on six seats for the PZPR and two for the ZSL; the difference may reflect one source describing the plan and the other its implementation.3,2

4.2. President, Vice-President and members

Professor Alfons Klafkowski became President of the Tribunal; Polityka describes him as a 73-year-old retired professor of Adam Mickiewicz University (UAM), a former MP and member of the Council of State, with no party membership and a member of the PAX Association. He held the post from 1985 to 1989.2,1 Professor Leonard Łukaszuk of the Polish Institute of International Affairs (PISM), a PZPR member and former head of the Legal Office of the Ministry of Internal Affairs (MSW), became Vice-President and held the post from 1985 to 1993.2,1 Polityka also records that Natalia Gajl was the first woman on the Tribunal and had no party membership, as did Kazimierz Działocha.2

Member Function / role End of membership (per the Tribunal) Reason Party membership (source)
Alfons Klafkowski President 1985–1989 30 Nov 1989 end of term none, PAX (Polityka)1,2
Kazimierz Buchała member 30 Nov 1989 end of term not established1
Natalia Gajl member 30 Nov 1989 end of term none (Polityka)1,2
Adam Józefowicz member 30 Nov 1989 end of term not established1
Andrzej Kabat member 30 Nov 1989 end of term not established1
Stanisław Pawela rapporteur in U 1/86 30 Nov 1989 end of term not established1,2
Leonard Łukaszuk Vice-President 1985–1993 30 Nov 1993 end of term PZPR (Polityka)1,2
Czesław Bakalarski member 30 Nov 1993 end of term not established1
Kazimierz Działocha presiding judge in U 1/86 30 Nov 1993 end of term none (Polityka)1,2
Henryk Groszyk member 30 Nov 1993 end of term not established1
Remigiusz Orzechowski author of the first dissenting opinion 14 Sep 1993 reason not established not established1,2
Henryk de Fiumel member 17 Jun 1986 death not established1

4.3. Ruling U 1/86 of 28 May 1986

The case concerned a Council of Ministers regulation of 16 September 1985 (in force from 1 January 1986) on perpetual usufruct and the sale of state property, which Polityka says affected about 107,000 citizens.2,1 The applicant was the Presidium of the Voivodeship National Council in Wrocław, a regional body (application of 23 January 1986).2

On 26 February 1986 President Klafkowski assigned Stanisław Pawela to examine the application preliminarily; on 4 March it was referred for hearing, and on 14 March the bench was set: Kazimierz Działocha (presiding), Stanisław Pawela (rapporteur) and Remigiusz Orzechowski.2 Expert opinions were given by J. Piątowski and S. Wronkowska-Jaśkiewicz; hearings were held on 25 and 29 April 1986 in Sejm premises, as the Tribunal had no seat.2

On 28 May 1986 the Tribunal ruled as the applicant had requested, finding the regulation non-compliant. The government's representative, Z. Rybicki, had asked for the application to be dismissed, while the Prosecutor General considered it well-founded.2,1 Orzechowski wrote the first dissenting opinion in the Tribunal's history; Rybicki's request for a full-bench hearing was refused, and Orzechowski again dissented.2

5. Changes in membership, 1986–1997

The Presidents were Klafkowski (1985–1989), Mieczysław Tyczka (1989–1993) and Andrzej Zoll (1993–1997); the Vice-Presidents were Łukaszuk (1985–1993) and Janusz Trzciński (1993–2001). Under the 1985 Act, 28 people sat on the Tribunal: 12 elected in 1985, one successor in 1986, six each in the groups from 1989 and 1993, and three additions in 1993–1995.1,12

Member From Until Reason for end Notes
Maria Łabor-Soroka 25 Sep 1986 30 Nov 1993 end of predecessor's term successor to H. de Fiumel (Art. 14(3) of the 1985 Act)1,6
Mieczysław Tyczka 1 Dec 1989 17 Jun 1994 resigned President 1989–19931
Antoni Filcek 1 Dec 1989 31 Oct 1992 resigned group from 1 Dec 19891
Janina Zakrzewska 1 Dec 1989 27 May 1995 died group from 1 Dec 19891
Tomasz Dybowski 1 Dec 1989 30 Nov 1997 end of term the Sejm elected three judges together on 19 Nov 1997 to replace Dybowski, Łączkowski and Zoll12,10
Wojciech Łączkowski 1 Dec 1989 30 Nov 1997 end of term group from 1 Dec 198912,10
Andrzej Zoll 1 Dec 1989 30 Nov 1997 end of term President 1993–199712,10
Ferdynand Rymarz 19 Feb 1993 19 Feb 2001 end of term (eight years from election) term counted under Art. 88(2) of the 1997 Act12,7
Janusz Trzciński 1 Dec 1993 1 Dec 2001 end of term Vice-President 1993–200112
Zdzisław Czeszejko-Sochacki 1 Dec 1993 1 Dec 2001 end of term group from 1 Dec 199312
Lech Garlicki 1 Dec 1993 1 Dec 2001 end of term group from 1 Dec 199312
Stefan Jaworski 1 Dec 1993 1 Dec 2001 end of term group from 1 Dec 199312
Błażej Wierzbowski 1 Dec 1993 30 Nov 1998 resigned group from 1 Dec 199312
Wojciech Sokolewicz 1 Dec 1993 31 May 1999 resigned group from 1 Dec 199312
Krzysztof Kolasiński 27 May 1994 27 May 2002 end of term term starts before M. Tyczka's resignation (17 Jun 1994)12,1
Jadwiga Skórzewska-Łosiak 21 Jul 1995 21 Jul 2003 end of term eight-year term counted from election12,7

6. Amendments to the Tribunal Act, 1987–1997

Between 1987 and 1997 the Act was amended 13 times, and the 1991 consolidated text incorporated the first eight amendments.4,8

ELI item Act Entry into force (per ELI)
DU/1987/123 Act of 15 July 1987 on the Commissioner for Human Rights (Dz.U. 1987 No. 21, item 123), making the Ombudsman an applicant 1 Jan 19884,8
DU/1989/178 Act of 29 May 1989 transferring the powers of the Council of State (Dz.U. 1989 No. 34, item 178) 19 Jul 19894,8
DU/1989/436 Act of 20 December 1989 amending certain acts, including the Tribunal Act (Dz.U. 1989 No. 73, item 436) 29 Dec 19894,8
DU/1990/16 Act of 1 December 1989 amending the Tribunal Act (Dz.U. 1990 No. 3, item 16) 18 Jan 19904,8
DU/1990/35 Act of 19 January 1990 amending the Tribunal Act (Dz.U. 1990 No. 6, item 35) 7 Feb 19904,8
DU/1990/198 Act of 17 May 1990 on the division of tasks and powers between municipal bodies and government administration (Dz.U. 1990 No. 34, item 198) 27 May 19904,8
DU/1991/24 Act of 20 December 1990 on farmers' social insurance (Dz.U. 1991 No. 7, item 24) 1 Jan 19914,8
DU/1991/371 Act of 24 August 1991 amending the Ombudsman Act and certain other acts (Dz.U. 1991 No. 83, item 371) 19 Sep 19914,8
DU/1993/213 Act of 15 May 1993 amending, among others, the Tribunal Act; its Art. 4 amends Art. 26(1) (participation of an appellate-level prosecutor) 8 Sep 19934,13
DU/1994/593, DU/1995/59, DU/1996/367, DU/1997/604 four further amending acts whose titles and content have not been established 5 Dec 1994; 16 Aug 1995; 8 Aug 1996; 19 Sep 19974

The amendments extended the right to apply to the President of the Republic, the Senate and 30 senators, the State Tribunal, the Ombudsman, the President of NIK and the President of the NSA, introduced proceedings on the Tribunal's own initiative and introduced universally binding interpretation of statutes.8 Under Arts. 5 and 13 of the consolidated text, the full bench laid down such interpretations by resolution, on application by the President of the Republic, the Prime Minister, the First President of the Supreme Court, the President of the NSA, the Ombudsman or the Prosecutor General; resolutions were published in the Journal of Laws.8

The Constitutional Act of 17 October 1992, known as the Small Constitution (Dz.U. 1992 No. 84, item 426) unverified, is reported to have kept in force, in its Art. 77, the provisions of the 1952 Constitution on the Tribunal (Article 33a) unverified. No confirmed change to the Tribunal's status resulting from this act has been recorded.14

7. The Sejm's handling of rulings and resolution W 6/93

The available material documents no specific case of the Sejm formally rejecting a Tribunal ruling in 1986–1997: J. Popieluch cites none, and the excerpts of P. Radziewicz's report and the Tribunal's 1997 report give no statistics.15,11,10 Popieluch maintains that the Sejm often neither accepted nor rejected a ruling within the deadline, and that inaction was "the path of least resistance" because rejection required a constitutional majority.15 As an example he cites a ruling of 8 December 1992, issued on the application of the Ombudsman, Prof. T. Zieliński, that a provision letting authorities set land prices by unilateral declaration was unconstitutional, which the Sejm neither accepted nor rejected.15

By resolution of 20 October 1993, case W 6/93 (Dz.U. 1993, item 481), the full bench, chaired by Vice-President Leonard Łukaszuk and acting on the Ombudsman's application, laid down the interpretation of Art. 7(2) of the Tribunal Act.9,11 The Tribunal held that the Sejm "is obliged to consider the ruling" that a statute is unconstitutional; if it does not do so within six months, the ruling stands and the statute loses force on the day an announcement by the President of the Tribunal is published. Dissolution of the Sejm and Senate suspends the deadline.9 The case number W 6/93 is given in Radziewicz's report; it was not found in the text of the Journal of Laws as read.11,9

Popieluch considers that with this resolution the Tribunal extended its own powers and partly freed itself from Sejm control; he also writes that until the 1997 Constitution, rulings left unconsidered by the Sejm took effect through announcements by the Tribunal's Presidents.15

8. The Constitution of 2 April 1997 (Dz.U. 1997 No. 78, item 483)

The Constitution entered into force on 17 October 1997; from that day constitutional complaints could be lodged.17,10 The provisions on the Tribunal retain their original 1997 wording, as the Constitution has been amended only in Art. 55 (2006) and Art. 99 (2009).16

  • Art. 188: the Tribunal's jurisdiction: review of the hierarchical conformity of norms, constitutional complaints, matters concerning political parties; Art. 189: competence disputes between central constitutional state bodies.16
  • Art. 190(1): rulings are universally binding and final; paras. 2–3: they must be published without delay, and the act loses force on publication or on a date set by the Tribunal (up to 18 months for a statute, 12 months for other acts).16
  • Art. 194(1): 15 judges elected individually by the Sejm for nine years from among persons distinguished by legal knowledge, without the possibility of re-election.16,3,10
  • Art. 194(2) and Art. 144(3) point 21: the President of the Republic appoints the President and Vice-President of the Tribunal from candidates of the General Assembly of Judges; this is a prerogative that needs no countersignature.16,10
  • Art. 195: judges are independent and subject only to the Constitution; while in office they may not belong to a political party or trade union.16,7
  • Art. 196: a judge may not be held criminally liable or deprived of liberty without the Tribunal's consent; Art. 197: the organisation of the Tribunal and its procedure are set by statute.16
  • Art. 239(1): for two years after the Constitution's entry into force, rulings that statutes adopted before that date are unconstitutional are not final and are subject to consideration by the Sejm, which may reject them by a two-thirds majority with at least half of the statutory number of MPs present; this does not apply to rulings on questions of law.11,10
  • Art. 239(2): proceedings on universally binding interpretation of statutes begun before 17 October 1997 and not completed were discontinued; para. 3: interpretive resolutions lost their universally binding force, while final decisions issued on their basis kept their binding force.10

The Art. 239(1) period ended on 17 October 1999.16 In 1997 the Tribunal adopted five interpretive resolutions.10 In its report on significant problems arising from its activity and case law in 1997, the Tribunal was critical of the transition period, noting that the Sejm did not have to comply with rulings.10

9. The Act of 1 August 1997 (Dz.U. 1997 No. 102, item 643) and the move from 12 to 15 judges

The Act was published on 1 September 1997 and entered into force on 17 October 1997 (Art. 93), while Art. 5(1) and Art. 88(2) and (3) applied seven days after publication, on 9 September 1997.18,7

  • Art. 5(1)–(3): the Tribunal consists of 15 judges elected by the Sejm for nine years from among persons meeting the requirements for judges of the Supreme Court or the NSA.19,7
  • Art. 5(4): candidates are nominated by at least 50 MPs or the Presidium of the Sejm; the resolution is adopted by an absolute majority with at least half of all MPs present.7
  • Art. 5(5)–(6): the oath is taken before the President of the Republic and includes a pledge to guard the Constitution, with an optional religious closing phrase; refusing the oath is equivalent to resigning the post.7,20 The 1997 Constitution does not regulate the oath of Tribunal judges (Art. 194(1) speaks only of election by the Sejm), so the requirement to take it before the President is purely statutory.16
  • Art. 6(1): judges are independent and subject only to the Constitution; Art. 11: the expiry of a mandate is recorded by the General Assembly, or on death by the President of the Tribunal; Art. 12(1): the Tribunal's organs are the General Assembly and the President.7
  • Art. 15(1): the President of the Republic appoints the President and Vice-President from two candidates for each post presented by the General Assembly.7
  • Art. 88: existing members of the Tribunal become judges (para. 1); the term of those elected under the 1985 Act lasts eight years from election (para. 2); the Sejm elects as many judges as needed to bring the Tribunal into line with Art. 5 (para. 3).7
  • Arts. 89–91: the Sejm considers rulings on pre-Constitution statutes within six months (if it does not decide, the ruling becomes final); earlier proceedings continue, to the extent specified, under the old rules; the term statute also covers former acts having the force of a statute.7

The Act contained no transitional provision on the sitting President and Vice-President.7 From 17 October 1997 the oath was taken before the President of the Republic; the dates on which the judges elected in November 1997 took the oath have not been established.7

On 5 November 1997, at its first sitting, the Sejm of the 3rd term elected, "in accordance with Article 194(1)" of the Constitution as the Tribunal puts it, Teresa Dębowska-Romanowska, Marek Safjan and Marian Zdyb, bringing the bench to 15.10 The joint resolution (M.P. 1997 No. 82, item 789) cites Art. 194(1) of the Constitution and Art. 88(3) read with Art. 5 of the 1997 Act and sets no start date for the terms.21 In a list vote (threshold 214, 427 MPs voting), Safjan received 274 votes, Zdyb 257 and Dębowska-Romanowska 234, while Marek Mazurkiewicz, who was not elected, received 179.22

On 19 November 1997 the Sejm elected Biruta Lewaszkiewicz-Petrykowska, Wiesław Johann and Andrzej Mączyński in place of Tomasz Dybowski, Wojciech Łączkowski and Andrzej Zoll.10 The resolution (M.P. 1997 No. 83, item 810) provides that the terms of the newly elected judges begin on 1 December 1997.23 In a list vote (threshold 208, 415 MPs voting), Mączyński received 263 votes, Johann 254 and Lewaszkiewicz-Petrykowska 240, while Bohdan Zdziennicki, who was not elected, received 174.22

The table below shows the lines of judicial seats as of 1 December 1997, using the seat numbering convention applied on this site.12,23

Seat Judge before 1 Dec 1997 Judge from 1 Dec 1997 or later
seat_01–03 new seats from 17 Oct 1997 Dębowska-Romanowska, Safjan, Zdyb (elected 5 Nov 1997)21,10
seat_04 Tomasz Dybowski Wiesław Johann (from 1 Dec 1997)23,12
seat_05 Wojciech Łączkowski Biruta Lewaszkiewicz-Petrykowska (from 1 Dec 1997)23,12
seat_06 Andrzej Zoll Andrzej Mączyński (from 1 Dec 1997)23,12
seat_07–15 Wierzbowski, Kolasiński, Sokolewicz, Rymarz, Jaworski, Garlicki, Czeszejko-Sochacki, Trzciński, Skórzewska-Łosiak unchanged: terms under the 1985 Act continue12,7

On 25 November 1997 the General Assembly of the Tribunal chose two candidates for President; on 6 January 1998 the President of the Republic appointed Marek Safjan under Art. 194(2) of the Constitution.10 The other members elected under the 1985 Act served out their terms: Rymarz until 19 February 2001; Trzciński, Czeszejko-Sochacki, Garlicki and Jaworski until 1 December 2001; Kolasiński until 27 May 2002; Skórzewska-Łosiak until 21 July 2003. Wierzbowski (30 November 1998) and Sokolewicz (31 May 1999) resigned.12

Political background: the first bench was elected a few days after Zbigniew Messner's government took office (6 November 1985); the group from 1 December 1989 took office under Tadeusz Mazowiecki's government (from 24 August 1989), the group from 1 December 1993 under Waldemar Pawlak's government (SLD–PSL, from 26 October 1993), and the Act of 1 August 1997 was adopted under Włodzimierz Cimoszewicz's government; the November 1997 elections of judges followed the appointment of Jerzy Buzek's government (AWS–UW) on 31 October 1997.25

Disputed points

  • Why the Act was delayed (1982–1985): the only documented account is M. Henzler's in Polityka, which links the delay to the authorities' fears; a scholarly article on the disputes of 1981–1985 was not used.2,5
  • Nature of the main press sources: the articles by M. Henzler (Polityka, 28 May 2016) and J. Popieluch (Tygodnik Powszechny, 23 January 2016) are commentary written during the 2015–2016 dispute over the Tribunal; the title of Henzler's piece compares the Tribunal's beginnings with the situation at the time.2,15
  • Party breakdown of the first bench: Polityka gives one SD member and three non-party members, while Zalasiński (citing Czeszejko-Sochacki) gives a plan of one or two SD members and two or three non-party members; the sources may describe the outcome and the plan respectively.2,3
  • Independence of the first bench: Zalasiński's assessment that the party key did not prevent an independent Tribunal has no documented contrary assessment in the available material.3
  • Nature of resolution W 6/93: the Tribunal laid down the Sejm's duty to consider a ruling and the effect of inaction; Popieluch considers that the Tribunal thereby extended its own powers. The material does not document the Sejm's position on the resolution.9,15
  • The Art. 239 transition: the Tribunal criticised it in its 1997 report; arguments in favour of the arrangement are not documented.10
  • Choice of President and Vice-President in 1985–1997: the 1985 Act had no separate procedure; the conclusion that the Sejm elected them directly to their posts is inferred from Polityka's account, not established from Sejm resolutions.6,2

Evidentiary gaps

  • Debates of 1982 and 1985: the course of the Sejm's work on the amendment and the Act (drafts, positions, votes) has not been established; the 1985 issue of the legal journal Palestra was not used either.2,26
  • Article 33a: the full wording of paras. 1–5 and the Journal of Laws number of the 1982 amendment have not been verified in a primary source.3,4
  • Nomination of candidates, 1985–1997: the 1985 Act did not regulate it, and the available sources do not say who nominated candidates; the Sejm's standing orders of the period were not examined.6,3
  • Sejm resolutions on elections, 1985–1995: the Monitor Polski numbers, the election dates of the 1989 and 1993 groups and the dates on which Presidents and Vice-Presidents were chosen have not been established.1,4
  • Oaths: the dates of the first bench's oath before the Marshal of the Sejm, the full 1985 and 1991 oath formulas, and the amendment that changed the formula have not been established.6,8
  • Members: the qualifications and party membership of most members of 1985–1997, and the reason for R. Orzechowski's departure on 14 September 1993, have not been established.1,2
  • Rejected rulings: a list of rulings rejected by the Sejm (case numbers, dates of resolutions, votes) has not been established; Sejm documents on rulings K.11/94, K.16/93 and K.9/95 were not accessible.11,15
  • Amendments of 1994–1997: the titles and content of DU/1994/593, DU/1995/59, DU/1996/367 and DU/1997/604 have not been established, so it is not known whether any of them changed the rules on successors' terms.4
  • Retirement status: the 1991 consolidated text contains no provision on retirement status for Tribunal members; whether the 1994–1997 changes introduced one has not been established.8
  • The first hearing: the Tribunal's own material on case U 1/86 (L. Garlicki) could not be retrieved; the account of the case relies on Polityka.27,2
  • The turn of 1997/1998: who led the Tribunal from 1 December 1997 to 6 January 1998, who nominated the candidates elected in November 1997 and when they took the oath have not been established.10,21

Discrepancies between sources

  • Date of the first election: Polityka gives 12 November 1985, while an encyclopedic list ties the election to 1 December 1985, which according to the Tribunal is the start of the term; this text uses election on 12 November and terms from 1 December.2,1,24
  • Maria Łabor-Soroka: the Tribunal's archive gives a start of 25 September 1986, an encyclopedic list 25 November 1986; this text uses the Tribunal's date.1,24
  • End of the 1989 group's terms: the Tribunal's pages give 30 November 1997, an encyclopedic list 1 December 1997; this text uses the Tribunal's date, which matches the successors' terms starting on 1 December 1997.12,10,23,24
  • Kolasiński and Tyczka: K. Kolasiński's term start (27 May 1994) precedes M. Tyczka's resignation (17 June 1994); if Kolasiński was his successor, the Tribunal's data are inconsistent; this text uses the Tribunal's dates without asserting succession.1,12
  • Art. 239(2): according to the Tribunal's 1997 report, this paragraph concerns the discontinuation of interpretation proceedings, whereas one paraphrase places the exception for questions of law there; this text follows the Tribunal's report.10,16
  • Oath under the 1985 Act: the original text of the Act provides for the oath before the Marshal of the Sejm, while one compilation marks the point as unverified; this text follows the text of the Act.6
  • Which Sejm passed the 1985 Act: one compilation attributes it to the Sejm of the 9th term of the PRL era, yet dates that Sejm's election to 13 October 1985, after 29 April 1985; this text does not name the Sejm term.4,24
  • Publication of the 1997 Act: the ELI record gives 1 September 1997, while another compilation marked this date as unverified; this text follows the ELI record.18

Notes

  1. [Constitutional Tribunal] TK-1985-97. trybunal.gov.pl (accessed 31.10.2026) ↩
  2. [press] POLITYKA2016. polityka.pl (accessed 31.10.2026) ↩
  3. [press] ZALASIŃSKI. inpris.pl (accessed 31.10.2026) ↩
  4. [legislation] U1985-META. api.sejm.gov.pl (accessed 31.10.2026) ↩
  5. [scholarly] „Spory wokół Trybunału Konstytucyjnego w Polsce w latach 1981–1985”, Czasopismo Prawno-Historyczne (UAM) — Artykuł w Czasopiśmie Prawno-Historycznym (UAM); w sesji badawczej ustalono tylko tytuł, treści nie pobrano (za notatką 01_historia_1982_1997, sekcja 1). presstoarch.amu.edu.pl (accessed 31.10.2026) ↩
  6. [legislation] U1985. api.sejm.gov.pl (accessed 31.10.2026) ↩
  7. [legislation] U1997. api.sejm.gov.pl (accessed 31.10.2026) ↩
  8. [legislation] TJ1991. api.sejm.gov.pl (accessed 31.10.2026) ↩
  9. [legislation] W1993. eli.gov.pl (accessed 31.10.2026) ↩
  10. [Constitutional Tribunal] TK-INF1997. trybunal.gov.pl (accessed 31.10.2026) ↩
  11. [press] RADZIEWICZ. inpris.pl (accessed 31.10.2026) ↩
  12. [Constitutional Tribunal] TK-SPOCZ. trybunal.gov.pl (accessed 31.10.2026) ↩
  13. [legislation] Ustawa z dnia 15 maja 1993 r. o zmianie ustaw: Prawo o ustroju sądów powszechnych, o prokuraturze, o Sądzie Najwyższym, o Trybunale Konstytucyjnym, o Krajowej Radzie Sądownictwa i o powołaniu sądów apelacyjnych (ELI DU/1993/213) — Ustawa z 15 maja 1993 r. (ELI DU/1993/213), art. 4 – zmiana art. 26 ust. 1 ustawy o TK; wejście w życie wg ELI 8 września 1993 r. (za notatką 01_historia_1982_1997, sekcja 5). api.sejm.gov.pl (accessed 31.10.2026) ↩
  14. [legislation] Ustawa Konstytucyjna z dnia 17 października 1992 r. o wzajemnych stosunkach między władzą ustawodawczą i wykonawczą Rzeczypospolitej Polskiej oraz o samorządzie terytorialnym (Mała Konstytucja) — Dz.U. 1992 nr 84 poz. 426 (ISAP WDU19920840426) – oznaczenie podane w notatce 01_historia_1982_1997, sekcja 5, jako NIEZWERYFIKOWANE w sesji badawczej; tekstu nie pobrano. (accessed 31.10.2026) ↩
  15. [press] TP2016. tygodnikpowszechny.pl (accessed 31.10.2026) ↩
  16. [legislation] Konstytucja, ISAP. isap.sejm.gov.pl (accessed 31.10.2026) ↩
  17. [legislation] Konstytucja, Dz.U. 1997 nr 78 poz. 483 (ELI). eli.gov.pl (accessed 31.10.2026) ↩
  18. [legislation] ELI DU/1997/643 (metadane). api.sejm.gov.pl (accessed 31.10.2026) ↩
  19. [legislation] tekst ujednolicony. api.sejm.gov.pl (accessed 31.10.2026) ↩
  20. [legislation] tekst pierwotny. api.sejm.gov.pl (accessed 31.10.2026) ↩
  21. [legislation] M.P. 1997 poz. 789. api.sejm.gov.pl (accessed 31.10.2026) ↩
  22. [legislation] api term3 – wyszukiwarka głosowań. api.sejm.gov.pl (accessed 31.10.2026) ↩
  23. [legislation] M.P. 1997 poz. 810. api.sejm.gov.pl (accessed 31.10.2026) ↩
  24. [encyclopedia] en.wikipedia – Constitutional Tribunal (Poland). en.wikipedia.org (accessed 31.10.2026) ↩
  25. [encyclopedia] List of prime ministers of Poland. en.wikipedia.org (accessed 31.10.2026) ↩
  26. [scholarly] Palestra 1985, t. 29, nr 12, s. 94–104 — Palestra 1985 nr 12 (bazhum.muzhp.pl); wskazana w notatce 01_historia_1982_1997 jako źródło do ustalenia przebiegu debat; treści nie pobrano. bazhum.muzhp.pl (accessed 31.10.2026) ↩
  27. [Constitutional Tribunal] L. Garlicki, „Pierwsza rozprawa” (materiał opublikowany przez Trybunał Konstytucyjny) — Materiał TK o pierwszej rozprawie (sprawa U 1/86); pobranie zablokowane w sesji badawczej (za notatką 01_historia_1982_1997, sekcja 3). trybunal.gov.pl (accessed 31.10.2026) ↩

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