- Together with a group of PiS MPs, we have filed a motion with the Constitutional Tribunal questioning the constitutionality of the law on the status of Constitutional Tribunal judges and the Sejm's Rules of Procedure, which enable the selection of judges for the Tribunal through Sejm resolutions and oblige the President to accept their oaths even if the selection was made in violation of the law - wrote Marcin Warchoł.

- The selection of judges for one of the most important state bodies should be regulated solely by statute - as mandated by Article 197 of the Constitution - and not by internal acts of one chamber of parliament, as this violates the principle of the separation of powers and the independence of the Tribunal. […] The current regulations, in case of vacancies - today we have 6 vacancies out of 15 members of the Constitutional Tribunal - allow for the 'group' selection of Tribunal members by a single parliamentary majority, which poses a threat to the principle of a democratic state, the sovereignty of the Nation, and the democratic legitimacy of the Tribunal - writes the PiS MP.

- The possibility for the Sejm majority to reject candidates for judges proposed by the parliamentary club with the largest number of MPs in a given Sejm term should also be considered unlawful. Today, the 'December 13 coalition' does this habitually, violating the principle of pluralism within the Constitutional Tribunal - he stated.

- It is also unconstitutional to require the President of the Republic of Poland to accept oaths from judges selected in violation of the law. Since the rulings of the Constitutional Tribunal are final and universally binding (Article 190(1) of the Constitution), in a situation where the Constitutional Tribunal declares the regulations forming the basis for judge selection unconstitutional, state bodies cannot ignore this, and the President cannot be legally compelled to act contrary to a ruling of the Constitutional Tribunal. Therefore, the swearing-in of judges should be suspended until the Constitutional Tribunal issues a final ruling on our motion - we read in the post.

Z grupą posłów @pisorgpl złożyliśmy do Trybunału Konstytucyjnego wniosek o stwierdzenie niezgodności z Konstytucją ustawy o statusie sędziów TK oraz Regulaminu Sejmu, które umożliwiają wybór sędziów do Trybunału w drodze sejmowych uchwał i nakazują Prezydentowi odebranie od nich…

— Marcin Warchoł (@marcinwarchol) February 10, 2026