The Law and Justice (PiS) government in Poland is set to launch a sweeping reform of the country’s Constitutional Tribunal that could leave the court without any sitting judges by the end of January, according to reports from Interia Wydarzenia. The move, framed by the ruling party as a necessary step to restore the tribunal’s “functioning,” is expected to result in the removal of the court’s current president, Julia Święczkowski, a scenario highlighted by the tabloid Fakt.
Background and Legal Context
Poland’s Constitutional Tribunal, the highest body for reviewing the constitutionality of legislation, has been at the centre of a long‑running dispute between the PiS administration and opposition parties, as well as the European Union, which has criticized previous attempts to reshape the court’s composition. The tribunal’s credibility has been questioned since 2015, when the government began appointing new judges and altering the court’s procedural rules. Critics argue that these changes undermine judicial independence, while the PiS leadership maintains that the reforms are needed to correct a “broken” institution.
Government Strategy and Key Players
Interia Wydarzenia reported that the government’s plan is being overseen by Maciej Berek, described as the “brain” of the operation.
"Do stycznia będzie wyzerowany" – the outlet quoted a senior source as saying, meaning the tribunal will be "zeroed out" by January.The same source said PiS officials are confident they can secure the necessary parliamentary majority to pass the legislation, despite mounting resistance from opposition lawmakers and civil‑society groups.
Fakt added that a likely outcome of the reform is the ousting of Tribunal President Julia Święczkowski. "Tak Święczkowski ma stracić władzę w TK. Jest scenariusz," the publication wrote, indicating that there is a concrete scenario in which she will lose her authority.
Political Stakes and Reactions
The proposed overhaul has intensified a political showdown in Warsaw. Opposition parties, led by the Civic Coalition and the Left, have condemned the plan as an attempt to further erode the separation of powers. They warn that removing the tribunal’s judges and its president could trigger legal challenges in both domestic courts and the European Court of Justice.
European Union officials have previously warned that continued interference with judicial independence could lead to infringement procedures and potential financial penalties. While the government has dismissed such warnings as “external meddling,” analysts say the timing of the reform – ahead of the next parliamentary elections – suggests a strategic push to consolidate PiS’s control over the judiciary.
President Andrzej Duda, a close ally of the PiS leadership, has yet to publicly comment on the specific timetable, but his constitutional role in appointing judges makes his stance pivotal. Meanwhile, Justice Minister Zbigniew Ziobro has been a vocal advocate for the changes, framing them as a “re‑establishment of constitutional order.”
Legal experts caution that a rapid “reset” of the tribunal could create a legal vacuum, leaving Poland without a functional body to adjudicate constitutional disputes during a critical period. “If the court is emptied without a clear transition plan, the country may face a governance crisis,” said a constitutional law professor at the University of Warsaw, speaking on condition of anonymity.
As the deadline approaches, the PiS government appears determined to push through its agenda, relying on a coalition of loyal parliamentary members and the strategic guidance of figures like Maciej Berek. Whether the plan will survive parliamentary voting, judicial review, or European scrutiny remains uncertain, but the upcoming weeks are set to determine the future balance of power in Poland’s democratic institutions.
