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Tuesday 3 November 2026

Eight judges adopt the tribunal's 2027 budget on a quorum they counted themselves, and the court's president calls the sitting a social meeting

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The eight judges elected by the current Sejm voted unanimously on Tuesday evening to adopt the Constitutional Tribunal's draft budget for 2027, about 78 million zloty in spending, after first voting that a quorum existed on a count of 12 judges instead of the court's full 15. Tribunal president Bogdan Swieczkowski, who stayed away with the seven judges who back him, said the sitting was a social meeting and its decisions carry no legal effect. In the afternoon Justice Minister Waldemar Zurek filed a sixth motion to lift Swieczkowski's immunity and announced that prosecutors have opened an investigation into the night the president entered the tribunal.

The sitting that opened at 3:30 p.m. finished its main business in the evening. The eight judges in the room first voted that the quorum was met. They counted the court at 12 judges, leaving out Swieczkowski, his deputy Bartlomiej Sochanski, and Jaroslaw Wyrembak, and they treated eight as two thirds of 12. They then adopted the tribunal's draft income and spending plan for 2027 unanimously, with spending at about 78 million zloty. The government's draft state budget carries no money for the tribunal, because no general assembly had adopted a plan. Finance Minister Andrzej Domanski has said that a plan the assembly adopts goes into the state budget.

The judges also finished drawing the disciplinary machinery against the two men Korwin-Piotrowska suspended on Friday. Stanislaw Piotrowicz was drawn as disciplinary spokesman in Swieczkowski's case and Dariusz Szostek in Sochanski's case. The disciplinary court has 30 days to rule on the break in duties ordered against both men.

Swieczkowski rejected the whole sitting. He calls it a social meeting whose decisions produce no legal effects, and he maintains that he is still the tribunal's president. The Ordo Iuris legal institute in Warsaw published an opinion listing nine defects in the way Korwin-Piotrowska called the assembly and concluding that she had no power to call it and that resolutions from it are void.

The government's pressure on Swieczkowski grew the same afternoon. Zurek wrote on X that he had sent the tribunal a sixth motion to lift Swieczkowski's immunity, joining the five motions he filed on Friday evening. The new motion covers the purchase of the Hermes spy system while Swieczkowski was national prosecutor. Prosecutors in Rzeszow say an arbitrary decision bought the system from an Israeli firm through a Luxembourg company, with no competitive procedures and no check of the data gathering algorithms. Zurek said the motions against Swieczkowski and Sochanski now run to 307 pages in total.

Zurek also announced that prosecutors have opened an investigation, on their own motion, into an alleged assault on Korwin-Piotrowska and Judge Krystian Markiewicz on the night of October 30 and 31, when President Karol Nawrocki entered the tribunal, and into an alleged attempt to force the tribunal's work by violence. Who used force in that doorway is disputed. The judges in the room said the president's party pushed through them. Nawrocki's chancellery says the judges blocked the president and violated his inviolability, and his office has filed its own notifications to prosecutors against the judges.

The National Security Council at the Presidential Palace ended after less than two hours, with no decision or joint statement announced. Only Nawrocki spoke in the open part of the sitting. The Supreme Court's collegium adopted a resolution on Tuesday expressing firm opposition to actions that push office holders in the judiciary aside, after the court's general assembly failed for lack of a quorum in its civil and criminal chambers. Fifty five judges present backed the collegium resolution. Police reported no new detention or injury around the tribunal building on Tuesday evening.

Source: Moja Kruszwica

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