The seminar, attended by an international group of experts, focused on amending the Constitutional Tribunal Act and necessary changes to the Constitution.

"We must rebuild democratic institutions, but we cannot do this without changing the Constitution. We do not have to start from scratch because until 2016, we had relatively good practices, traditions, and doctrines that we can focus on," added Minister Adam Bodnar.

Participants of the seminar included Sumit Bisarya from International IDEA, Sam Van Der Staak from International IDEA, Madeleine Rogers, an analyst from International IDEA, Maciej Nowicki, President of the Helsinki Foundation for Human Rights, Małgorzata Szuleka, Secretary of the Board of the Helsinki Foundation for Human Rights, Mikael Ruotsi, a constitutional law lecturer at Uppsala University, Tom Ginsburg, professor of international law at The University of Chicago Law School, Tom Gerard Daly from the University of Melbourne Law School, Markus Böckenforde, professor of comparative constitutional law at the Faculty of Legal Studies CEU, and Natalie Reglinski from the political department of the German Embassy in Poland.

According to the Minister of Justice, the constitutional crisis in Poland between 2015-2023 was related to the improper selection of Constitutional Tribunal judges and the flawed appointment of the Tribunal's President and Vice President. The consequences included a decline in the quality of rulings and organizational destabilization of the Tribunal, manifested in the cancellation of scheduled hearings and changes in adjudicating panels.

The subordination of the Tribunal to political interests led to the loss of its ability to act as a guardian of constitutional supremacy, principles of a democratic state governed by law, and ultimately, the protection of individual freedoms and rights. The political engagement of most judges and non-judges selected to the Tribunal after the 2015 parliamentary elections turned the Tribunal into a political institution that, under the guise of constitutional review, legitimized legal acts contrary to fundamental values expressed in the Constitution. In its current personal composition, the Tribunal not only fails to guarantee independence but does not meet the necessary requirement of impartiality.

The Constitutional Tribunal was also used as a tool in the legal conflict between the executive power in Poland and the European Union. By making decisions questioning the respect for judgments of the Court of Justice of the European Union, the Constitutional Tribunal deepened legal chaos, undermining citizens' trust in the state and its laws.

The role of courts in controlling the constitutionality of laws

The dysfunctionality of the Constitutional Tribunal led to the dispersed constitutional review practiced by courts, which assumed the role of constitutional courts and refused to apply unconstitutional provisions.

Significant in protecting the rule of law were the rulings of the Court of Justice of the European Union and the European Court of Human Rights. These courts effectively took over the role of the Constitutional Tribunal.

New Constitutional Tribunal Act

Restoring the proper functioning of the Constitutional Tribunal, as a true guardian of constitutional values, plays a key role in rebuilding the rule of law. The proposed amendment to the Constitution by the Senate aims to change the selection process of Tribunal judges, excluding active politicians from this body. It proposes a 3-year term for Tribunal presidents and vice presidents and the replacement of the entire composition of this body. New members are to be elected by a 3/5 majority of deputies.