Maciej Berek said on Wednesday that the judges had developed a legal strategy to overcome the deadlock at the tribunal, Poland's highest court for deciding whether laws comply with the constitution.
"We are still waiting for the first move from Judge Święczkowski, which should be to properly convene the General Assembly, and we hope that happens," Berek told public broadcaster Polish Radio.
He said the newly elected judges would ensure the assembly took place regardless of the position adopted by the tribunal’s head, Bogdan Święczkowski.
"The General Assembly will be held in accordance with the law," Berek said, adding that it would proceed with the legally required number of judges even if Święczkowski declined to convene it.
Berek declined to explain the proposed legal mechanism, saying only that it had been carefully considered by the judges involved.
He cited two laws governing the tribunal’s organization and the status of its judges, arguing that the relevant provisions must be interpreted within the wider legal system.
The judge said the necessary steps could be taken within several weeks, potentially allowing the tribunal "to function normally" by Christmas.
Prime Minister Donald Tusk expressed similar confidence before departing for India and Vietnam, telling reporters that "everything concerning the Constitutional Tribunal is proceeding exactly according to the plan we established."
The dispute centers on five judges elected by the Sejm, the lower house of Poland’s parliament, whose appointments have not been recognized by President Karol Nawrocki or the tribunal’s leadership.
Poland’s constitution provides for a 15-member Constitutional Tribunal. During the current parliamentary term, lawmakers have elected eight judges to fill vacancies.
Nawrocki administered the oath of office to three: Magdalena Bentkowska, Dariusz Szostek and Sławomir Patyra. He failed to administer the oath to the remaining five: Krystian Markiewicz, Marcin Dziurda, Maciej Taborowski, Anna Korwin-Piotrowska and Berek.
Those five subsequently took their oaths during ceremonies in parliament, declaring that they were doing so before the president.
Neither Nawrocki nor Święczkowski recognizes those ceremonies as valid, and the five have been prevented from hearing cases.
The disagreement has produced competing interpretations of the tribunal’s membership. One side maintains that it has 10 serving judges, while the other recognizes all 15.
The General Assembly, which brings together the tribunal’s judges to make administrative and organizational decisions, has consequently been unable to conduct its business.
Meetings scheduled for June 24 and July 14 failed to take place.
The July attempt ended in a confrontation after Dziurda and Markiewicz were refused entry to the tribunal. They called the police, and a prosecutor from the National Public Prosecutor’s Office also arrived.
Korwin-Piotrowska and Taborowski were admitted, but only as guests rather than as judges. The meeting ultimately collapsed when Bentkowska and Szostek left, depriving it of the minimum number of participants required to proceed.
In August, Święczkowski filed a complaint with prosecutors, alleging "unlawful interference in the activities of a constitutional state body" and "an attempt to force a change in an organizational decision made by the Constitutional Tribunal president concerning General Assembly participants."
The failed attempts to convene the General Assembly also affected the court’s finances. Under current regulations, the General Assembly must adopt the draft budget for a given year, which is subsequently submitted to the finance minister.
In early September, seven judges called on Święczkowski to convene a General Assembly "as soon as possible" to adopt the Tribunal’s draft budget for the coming year and ensure that all judges elected by the lower house participate in the proceedings.
(rt/gs)
Source: PAP