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Originally published at Obserwator Praworządności.
The Supreme Court in Poland on November 10 quashed two orders issued by Judge Anna Korwin-Piotrowska on October 30, attempting to suspend the President of the Constitutional Tribunal Bogdan Święczkowski and the Vice-President of the Constitutional Tribunal Bartłomiej Sochański, Obserwator Praworządności reported.
These orders were issued by Judge Anna Korwin-Piotrowska, who in the meantime has declared herself to be the person in charge of the Tribunal. The police are acting on the basis of her decisions and are not allowing Święczkowski into the building.
Lawyer Michał Skwarzyński has defended both men. In his appeal, filed under reference number II ZZ 3/26, he requested the court to declare both orders null and void as they were issued by the person who has no authority to do so – Korwin-Piotrowska.
The process was in every respect tortuous. At first, on November 6, Supreme Court Judge Zbigniew Korzeniowski was of the opinion that the Chamber of Professional Responsibility does not encompass the Tribunal’s judges. Consequently, he referred the case to the Tribunal. Four days later the Supreme Court set that referral aside, case II ZO 178/26, and the Chamber of Professional Responsibility dissolved both orders.
Article 130 of the law on ordinary courts refers to the removal from office of judges in general courts. It is not applicable to the judges of the Constitutional Tribunal. In order to take up office as a judge of the Constitutional Tribunal, Korwin-Piotrowska had to read the oath before the Speaker of the Sejm on April 9, 2026, but she has not taken the oath before the President of the Republic required by statute before she can take up office as a Tribunal judge. She has not, however, resigned her seat as a judge of the Regional Court in Opole.
On November 12, Święczkowski, Sochański, Piotrowicz and Wyrembak went to the Tribunal gate with the Supreme Court ruling. Police still refused entry. The commanding officer did not come out, so the ruling was posted on the gate. Święczkowski is now looking at going in with a court bailiff.
The outlet said it does not expect the government of PM Donald Tusk or police under his command to honor this court ruling.
