The Constitutional Tribunal general assembly is now a more immediate test than Donald Tusk’s claim that the conflict has a simple solution. The prime minister says the dispute can be resolved without a constitutional amendment: the president should recognise judges elected by the Sejm, after which they would take up their duties at the Tribunal. That is Tusk’s attributed political and legal proposal, not evidence that the institution has already resumed functioning.
The immediate uncertainty concerns the judges’ general assembly called for Tuesday. Zbigniew Kapiński, First President of Poland’s Supreme Court, said it was unlikely to go ahead as a formal general assembly. According to Polsat News, Kapiński said that 10 judges would be needed and that nothing indicated that number would attend. The supplied excerpts do not include the legal rule supporting his statement about 10 judges, nor an independent ruling confirming it.
That makes the claimed simplicity of a settlement doubtful. Recognition of the judges could affect the Tribunal’s ability to work, but the reporting does not establish that recognition alone resolves disputes over attendance, who may be counted, or the rules for a formal assembly.
The strongest counterargument deserves weight. If, as Tusk argues, the Constitution requires the president to recognise judges elected by the Sejm, fulfilling that duty may be necessary to unblock the institution. Opponents call the arrangements at issue unlawful. The available RSS excerpts do not allow either legal position to be treated as binding or settled.
Our judgment is that the Constitutional Tribunal crisis cannot be resolved by political declaration alone. Before Tuesday, there needs to be a publicly verifiable answer on whether the assembly can formally convene, who may participate, and what legal basis supports Kapiński’s statement about 10 judges. Those unanswered procedural questions, rather than a slogan of simplicity, are the next test of whether the Tribunal can regain the capacity to act collectively.
Sources
- Polsat News · Source date: 2026-11-02
- Polsat News · Source date: 2026-11-02
- TVN24 · Source date: 2026-11-02
Independent editorial content. WUA is not affiliated with any political party. 2026-11-02
Poland’s Tribunal crisis is now about institutional control, not just political claims