Emergency turn at the Constitutional Court. The General Assembly of Judges of the Constitutional Tribunal adopted a resolution on the transfer of justice Krystyna Pawłowicz to a state of rest. As determined by the Polish Press Agency, the decision is to enter into force on 5 December this year. The authoritative reason is the decision of the ZUS doctor, who stated the permanent inability of the justice to execute duties. This event not only ends the career of 1 of the most recognizable and controversial figures of the Polish public scene in the Court, but besides deepens the staff crisis in this key institution. Odeta Pawłowicz means the creation of another, already 5th vacancy in the TK, which further complicates its functioning in the face of the ongoing political and legal dispute. She herself does not comment on the case, cutting the journalists' questions with the message that “she will not talk about rumors.” However, the decision of the Assembly of Judges is simply a formal act based on the provisions in force.
Resolution of the Assembly of Judges. What does it mean for Krystyna Pavlovich?
The decision to transfer a justice of the Constitutional Court to remainder is simply a final procedure ending his judicial activity. According to information obtained by the Polish Press Agency, General Assembly of Constitutional Court Judges it exercised its powers and adopted the applicable resolution. This means that from 5 December 2024 Krystyna Pawłowicz will formally cease to be an active justice of the TK.
Retiring is not the same as a specified pension. The retired justice retains his title and the right to pay, which is close to the last salary. However, it loses all power to judge, participate in assemblies or execute any functions within the Court. This is so the definitive termination of her work in this institution. The law on the organisation and procedure of proceedings before the Constitutional Tribunal clearly states that the competence of the General Assembly is precisely transferring to remainder a justice of the Constitutional Tribunal permanently incapable to execute his duties. This decision is binding and does not require additional approval by another State authorities.
Krystyna Pavlowicz herself, known for her active presence in social media and cut language, is silent for the time being. Her short answer to PAP suggests that she does not want to publically mention to the case, at least at this stage. However, her departure has immediate consequences. justice Pavlowicz was to be the rapporteur in a proceeding scheduled for next Thursday on the principles of the organization of spiritual learning in schools. Her abrupt absence will force changes in the ruling lineup and likely hold the consideration of this advanced social emotion.
Doctor's ruling is crucial. Reasons for the abrupt decision
The key component that he launched the full procedure is the decision of the doctor of the Social Insurance Institution. It was this paper that provided the formal basis for the General Assembly of Judges of the Constitutional Tribunal to adopt a resolution. Conclusion permanent incapacity to service as judge for reasons of wellness is 1 of the conditions provided for in the Act, which allows the justice to be dismissed from ruling before the expiry of his word of office.
This mechanics aims to guarantee the continuity and efficiency of the Court’s operation. It ensures that only those who are full capable of performing highly demanding and liable tasks are present in the ruling. Although there may be speculation in the public sphere about the political background of the decision, its formal course is based on objective, medical premise. This procedure is standard and applies to all judges, not only to the Constitutional Court.
Krystyna Pavlowicz, erstwhile MP of Law and Justice, has been in the Constitutional Court since December 2019. Her choice, like the election of Stanisław Piotrowicz, aroused large controversy due to their earlier, expressive political activity. During her word of office, she has repeatedly served as justice Rapporteur on key issues, and her harsh and uncompromising statements have frequently caused media storms. Her departure for wellness reasons closes a phase in the past of the current composition of the TK.
Another vacancy in the Court. What about the institution?
The departure of Krystyna Pavlowicz is not just a individual matter. This event has serious implications for the functioning of the full Constitutional Court. Before this decision, 4 judges were missing in the Constitutional Tribunal – there were only 11 in 15 of the posts provided for in the Constitution. Bringing justice Pavlowicz to remainder means that the number of vacancies will increase to five. This is simply a 3rd of the overall composition, which poses a serious threat to the stableness and efficiency of the institution.
The problem is that in the current political situation it is virtually impossible to fill vacancies. Parliamentary clubs forming the current ruling coalition consistently refuse to submit their candidates. This is justified by the ongoing constitutional crisis and by undermining the legality of the current composition of the Constitutional Tribunal. In their view, a body which acts in violation of the law would legitimise its participation in the selection of fresh judges. As a result, the Court operates in a part of its composition, which may be the basis for further questioning of its judgments.
Five vacancies means that it will be increasingly hard to gather the full composition of the Court, required for ruling on matters of top importance. This can lead to decision-making paralysis on key body issues. This situation is unprecedented in the past of the Polish constitutional judiciary and is 1 of the most serious elements of the current legal crisis in Poland.
The background of political dispute. Why is the Constitutional Court controversial?
In order to full realize the importance of the departure of Krystyna Pawłowicz, we should look at the broader context of the dispute over the Constitutional Court, which has been going on since 2015. The current ruling coalition and a crucial part of the legal community, citing rulings of global tribunals specified as European Court of Human Rights and EU Court of Justice, takes the view that the TK is simply a politicised institution and cast in violation of the law.
The turning point was the resolution of the Sejm of March 6, 2023 on the removal of the effects of the constitutional crisis. The Sejm stated, among another things, that the judges Jarosław Wyrembak and Justin Piskorski were not judges of the Constitutional Tribunal (the alleged "double judges") and that the consideration of judgments handed down with their participation could be considered as a violation of the law by another authorities. This was a clear political signal that had had concrete consequences.
The most crucial of them is cessation of publication of the judgments of the Constitutional Tribunal in the authoritative diary of the Laws by the Government Legislative Center. This means that the Court's rulings, although formally falling into force, do not enter into force and do not become part of the applicable legal order. It is simply a state of deep legal dualism in which 1 of the most crucial organs of the state is de facto paralyzed. The departure of Krystyna Pawłowicz and the increase in the number of vacancies only deepens this chaos and distances the position of solving the crisis around the Constitutional Court.
SEO tags: Krystyna Pawlowicz, Constitutional Court, Retired State, Social safety Office, Constitutional Crisis, vacancy in the Constitutional Tribunal, resolution of judges
Additional title proposals:
1. Emergency decision in the Constitutional Court. Krystyna Pavlowicz ends her career
2. The decision of the doctor of the Social Insurance Institution was final. Krystyna Pavlowicz leaves TK
3. The Court loses another judge. Pavlovich retired since December
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Krystyna Pavlowicz leaves the Court. There's a resolution on a state of rest.
