Polish Constitutional Tribunal turmoil intensifies with KRS chair resignation and same‑sex marriage transcription debate

The Constitutional Tribunal (TK) in Poland is mired in a constitutional crisis. After the Tribunal ordered the Sejm to suspend the election of 15 judges to the National Council of the Judiciary (KRS), the lower house proceeded with the vote on May 13, prompting KRS chair Dagmara Pawełczyk‑Woicka to announce her resignation on May 15. Her departure creates uncertainty over who will appoint a new chair, as the Supreme Court President must now convene a plenary session to elect a replacement.

Simultaneously, the European Court of Human Rights issued an interim measure on May 5 requiring Polish authorities not to hinder four judges elected in March from assuming their duties. President of the Constitutional Tribunal Bogdan Święczkowski rejected the four as judges because they have not taken the oath before the President, sparking further controversy.

Amid the institutional deadlock, legal debates over the transcription of same‑sex marriages have intensified. Experts on Radio Kraków discussed whether foreign same‑sex marriage certificates can be transcribed in Poland without violating the Constitution, while Kraków’s civil registry prepared to issue its first same‑sex marriage act despite existing forms that only list “woman” and “man”, forcing one partner to be entered under the opposite gender field. The issue is tied to EU Court rulings and Polish constitutional provisions, adding another layer to the ongoing judicial dispute.