Constitutional Court Case Update

Ladies and gentlemen, I have the case file for case SK11/2018 in front of me.

This is the case I mentioned earlier. The case concerns a constitutional complaint filed by Ms. Aleksandra in January two thousand and seventeen.

Ms. Aleksandra challenges the constitutionality of provisions of the Act, which, in her view, unjustifiably restrict her right to social security.

A right guaranteed by the Constitution. And she says this form of regulation is discriminatory.

Ladies and gentlemen, this case was brought almost ten years ago.

Since two thousand and nineteen, nothing has happened in this case.

In two thousand and twenty-two, Judge Bogdan Święczkowski became the presiding judge on the panel, and in two thousand and twenty-four he became President of the Constitutional Tribunal.

Since 2022 it was Judge Święczkowski’s and President Święczkowski’s duty to ensure that this case, in accordance with the Code of Ethics for the Tribunal’s judges, was heard fairly and efficiently.

Unfortunately, Bogdan Święczkowski, as presiding judge on the panel, failed to fulfill these duties and, as President of the Tribunal, did not carry them out.

They did not even appoint a reporting judge after Judge Piskorski’s term expired.

Ladies and gentlemen, let me give you an example.

Judge Bogdan Święczkowski in 2026, that is, this year, did not hear a case, act as reporting judge, or issue a ruling in a single case arising from citizens’ constitutional complaints.

As reporting judge, he issued only four rulings, and solely in cases based on motions by the President of the Republic of Poland. and the previously constituted National Council of the Judiciary.

Those cases were a priority for him. Rulings were issued in those cases.

As for citizens’ complaints, those cases lie and have lain ad Carentes Graecas.

Dear Ms. Aleksandra, Ladies and gentlemen, that will of course change.

We are already taking action, reviewing the files, verifying them, and we will ensure that the cases proceed properly one by one, so that your civil rights and freedoms are genuinely guaranteed and are decided in a way that can later serve as grounds for possibly reopening proceedings.

We will ensure that these cases are brought before the courts very quickly.

Thank you very much.