RPO on the "state of constitutional necessity": a non-legal opinion

Sylwia Gregorczyk-Abram, the Ombudsman, commented on the concept of "constitutional state of necessity" referenced by Judge Anna Korwin-Piotrowska. She stated that this notion is non-legal and reflects an interpretation of the situation surrounding the Constitutional Tribunal. Gregorczyk-Abram acknowledged the circumstances leading to the judges' actions, including the non-implementation of a ruling by the European Court of Human Rights and the exclusion of certain judges from adjudicating. She highlighted that the ECHR ruling required the inclusion of four judges appointed by the Sejm in March 2026, who have not yet taken their oaths.