Prof. Stanisław Biernat: The law did not foresee that the president of the Constitutional Tribunal would prevent judges from adjudicating

The justification for the suspension of the President and Vice-President of the Constitutional Tribunal is debated, as the law does not explicitly cover such situations. However, provisions in the Constitutional Tribunal Act allow for applying rules from other judicial laws in unregulated matters. Allegations against Judge Bogdan Święczkowski, including preventing newly elected judges from adjudicating, support the suspension. The procedure for suspending judges has never been applied in the Tribunal before, typically reserved for serious misconduct. The current crisis may require constitutional changes to resolve the deadlock, as the President has not organized the oath for newly elected judges despite being in proximity to them. A General Assembly of the Tribunal is planned to address budget issues, needing a quorum of judges to proceed effectively.