Judge Anna Korwin-Piotrowska told private broadcaster TVN24 on Sunday that she would add an item to the agenda of the court’s general assembly on Tuesday.
The addition concerns a random draw to choose the judges that would hear disciplinary cases against the Tribunal’s president, Bogdan Święczkowski, and his deputy, Bartłomiej Sochański.
She said the selection would be held in "absolute transparency" so that it could not be challenged.
The crisis began on Friday, when a notice on the Tribunal’s website said that Święczkowski and Sochański had been suspended for a month and that Korwin-Piotrowska, a judge chosen by the current parliament, would lead the court.
She said the allegations against Święczkowski include refusing to let "properly elected" judges hear cases, which she argued could threaten the court’s work in 2027 because its general assembly could not meet to approve next year’s budget.
The Tribunal, which rules on whether laws comply with the constitution, has been a political battleground since 2015, when the Law and Justice (PiS) party took power.
The latest row centres on eight new judges chosen by the current parliament since March.
President Karol Nawrocki, an ally of PiS, has sworn in only three of them; the other five took the oath in parliament instead.
Święczkowski says this had no legal effect and has refused to let those judges hear cases.
Overnight into Saturday, Nawrocki cut short a trip to Senegal and went to the court.
Media have published footage that shows him entering the building and a confrontation between his team and judges chosen by the current parliament.
The two sides give different accounts of what happened.
Korwin-Piotrowska recounted that she went outside with other judges to greet the president, but he showed no sign of stopping.
She said he pressed against her, tried to push past and shouted at those chosen by the current parliament that they were not judges, while his team claimed he was looking for the keys to Sochański’s office.
In her view, Nawrocki, exceeded his powers and "burst into" an independent tribunal.
The president’s office has said it will file a complaint with prosecutors over an alleged breach of the head of state’s inviolability.
Korwin-Piotrowska said she hoped those who accompanied Nawrocki would release all their recordings, and did not rule out filing her own complaint later.
After leaving the building, Nawrocki announced urgent consultations with parties in parliament, saying the constitutional order had been violated.
In an address on Saturday evening, Prime Minister Donald Tusk called the attack on the Constitutional Tribunal and its judges” the latest stage in a process in which PiS and presidents Andrzej Duda and Nawrocki were destroying the rule of law in Poland.
A statement bearing the names of seven judges sworn in before 1 April, including Święczkowski and Sochański, said on Saturday that Korwin-Piotrowska’s actions were "completely unlawful."
(ał)
Source: PAP