Non-publication of Constitutional Tribunal judgments and its consequences

Łukasz Bernaciński

doi:10.37873/c6tynz26

Non-publication of Constitutional Tribunal judgments and its consequences

Łukasz Bernaciński

Ordo Iuris Institute

Publication:

Finding a way out of Poland's rule-of-law crisis: Possible courses of action and reform

Series: Reports

DOI: https://doi.org/10.37873/nqzk0h04

Keywords: rule of law, constitutional crisis, Constitutional Tribunal, judicial independence, National Council of the Judiciary, prosecution service, disciplinary judiciary, public media, freedom of conscience and religion, restorative measures

Published: March 31, 2026

Chapter Four discusses the issue of the government ceasing to publish the rulings of the Constitutional Tribunal in the Journal of Laws since March 2024, which the author of the report considers a direct violation of the Polish Constitution. These actions, motivated by resolutions of the Sejm and the Council of Ministers, lead to legal chaos and deprive citizens of certainty regarding the legal effects of the issued rulings. The greatest threat is the inability to reopen civil, criminal, and administrative proceedings based on provisions overturned by the Tribunal.

As part of corrective measures, the author demands the immediate publication of all overdue rulings and that those responsible for the failure to publish be held constitutionally and criminally liable. He also advocates for the enactment of regulations suspending the time limits for reopening cases and the statute of limitations for damage claims for the duration of the publication freeze. This will ensure that citizens do not lose their rights to seek redress for their grievances due to delays caused by state organs.

In the long term, it is proposed to strip the Government Legislation Center of its monopoly on publishing rulings and transfer this competence directly to the Constitutional Tribunal to prevent the government from using obstruction. In the event that conditions for amending the Polish Constitution arise, the author also considers the complete elimination of the Constitutional Tribunal and the transfer of its competencies to a newly created chamber of the Supreme Court.

Łukasz Bernaciński, Ordo Iuris Institute

PhD in Law. Co-founder and President of the Polish Scientific Society. Vice President of the Hipolit Cegielski Center for Legal, Economic, and Social Analyses,
member of the boards of directors of Poland’s Ordo Iuris Institute for Legal Culture Foundation and Center for Supporting Initiatives for Life and Family Foundation. Deputy editor-in-chief of the academic journal Legal Culture. Four-time recipient of the Rector’s Scholarship at the University of Lodz. He defended his doctoral dissertation titled Civic Tax Deduction as a Potential Source of Funding for Churches and Other Religious Associations in Poland – The Legal and Religious Perspective with unanimous distinction. Speaker at more than twenty international and national academic conferences. Author or co-author of more than twenty scholarly publications, including three monographs, as well as a dozen or so draft bills, more than sixty analyses, legal opinions, reports, and guides, and more than fifty popular-science commentaries. Graduate of leadership programs in law, management, and the operation of non-governmental organizations. His research focuses on church-state law, constitutional law, and human rights.

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How to Cite

“Non-publication of Constitutional Tribunal judgments and its consequences ” (2026) in Bernaciński, Łukasz, Finding a way out of Poland’s rule-of-law crisis: Possible courses of action and reform. Warszawa: Ordo Iuris Institute for Legal Culture - Scientific Press (Reports). doi:10.37873/nqzk0h04.