The President of the Constitutional Tribunal filed a complaint against Poland. He selected seven addressees.

On June 9, Constitutional Tribunal President Bogdan Święczkowski sent seven copies of a nearly 100-page study titled "The Process of 'Restoring the Rule of Law in Poland' from a Rule of Law Perspective. Unlawful Actions Against the Constitutional Tribunal Since December 13, 2023." He addressed them to, among others, the President of the European Commission, the President of the CJEU, the President of the OSCE Parliamentary Assembly, the President of the U.S. Supreme Court, and U.S. Attorney General Pam Bondi.

The President of the Constitutional Tribunal denounces the Polish government

"The Polish Constitutional Tribunal is currently grappling with unprecedented attacks from politicians in the parliamentary majority and the government. The undermining of the independence of the judiciary and unprecedented attacks on institutions established to protect the rights and freedoms of citizens cannot go unnoticed. Unfortunately, this is a daily reality that the Polish Constitutional Tribunal must contend with," the document reads.

"Therefore, I am submitting a report on the recent actions of politicians from the parliamentary majority and the government, aimed at the Constitutional Tribunal. I would like this study—documenting the systematic undermining of the democratic principle of checks and balances and the separation of powers—to serve as a warning to all members of the European community. As constitutional courts, we have a special role to play in protecting rights and freedoms," emphasizes Święczkowski.

"Just a few years ago, the unlawful actions we are witnessing today would have been unthinkable in my country. Nevertheless, I believe that—despite the series of attacks on the independence of the Constitutional Tribunal described in the report—this independence will be preserved, and the institution I lead will continue to be able to fulfill the role defined in the Constitution," added the head of the Constitutional Tribunal.

The study explains the legal situation in Poland, followed by accusations against the government. It lists, among other things, the failure to publish Constitutional Tribunal rulings, the zeroing of judges' salaries, the failure to fill vacant positions on the Constitutional Tribunal, and the undermining of the status of understudy judges and former Tribunal President Julia Przyłębska.

"Judges of the Constitutional Tribunal have been threatened with legal liability, including criminal prosecution. Their rulings are ignored by the ruling majority," it added. Then-Minister of Justice Adam Bodnar was also personally attacked.

"All actions against the Constitutional Tribunal—taken by international organizations, foreign governments, or foreign-funded non-governmental organizations—essentially stem from two factors. First, the Constitutional Tribunal is one of the last bastions or guardians of Poland's sovereignty. Second, the Constitutional Tribunal—given the rather conservative Polish Constitution—prevents a left-wing revolution from taking place in Poland," Święczkowski argues.

Święczkowski remained silent about the actions of the PiS government

Commentators have drawn attention to the fact that the President of the Constitutional Tribunal does not mention a word about the irregularities from the time of the PiS government, which began in 2015 with the blocking of the legal election of three Constitutional Tribunal judges from whom Andrzej Duda did not take the oath.

He also failed to mention that it was the PiS government that first stopped publishing inconvenient Constitutional Tribunal rulings in 2016. Święczkowski himself did not mention that he joined the Constitutional Tribunal from the National Prosecutor's Office, where he was a confidant of Minister Zbigniew Ziobro and prosecuted judges who opposed the actions of his ministry.

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