Article 175, para. 2 of the Polish Constitution only provides for the ability to establish exceptional courts during wartime. The Constitution also rules out the functioning of courts other than those specified in Article 175 of the Constitution.

A feature of an exceptional court is organizational separation, autonomy with respect to other courts, a specific way of appointing judges to such a court, a special scope of cases examined in terms of time, entity and subject matter, and a specific procedure.

The Disciplinary Chamber satisfies these features of an exceptional court, despite its nominal inclusion in the structure of the Supreme Court. As a result, fundamental doubts arise as to whether the rulings issued by this chamber are judicial decisions in the meaning of the Constitution.

Prof. Włodzimierz Wróbel analyzed detailed regulations establishing the organizational unit, which the lawmakers called the “Disciplinary Chamber” in the Supreme Court. He concluded that this unit fulfills criteria of “exceptional court” and discusses grave constitutional consequences that it entails.

Read the full analysis in English here.