The Polish Constitutional Tribunal is currently operating with only nine judges, despite having fifteen statutory positions. This situation has emerged after the departures of judges Krystyna Pawłowicz and Michał Warciński, which left six vacancies in December 2023. According to the law governing the Tribunal's organization, a minimum of eleven judges is required to hear cases in full formation, meaning that the Tribunal is currently incapable of fulfilling its constitutional duties adequately. The reason for this staffing issue stems from the governing coalition's decision not to appoint new judges following the change in government, as they aim to avoid legitimizing the Tribunal in its current form.

Since the change of government in 2023, the Polish parliament (Sejm) has not approved any new judges for the Constitutional Tribunal, with the coalition arguing that doing so would lend legitimacy to the Tribunal's current structure. Candidates for judges have only been proposed by the ruling Law and Justice party, with recent attempts leading to the rejection of nominations for key figures such as PiS MP Marek Ast and lawyer Artur Kotowski. This has created significant frustration and concern over the Tribunal's functionality and the rule of law in Poland, as the absence of judges raises questions about the Tribunal's ability to operate effectively.

Calls for a shift in policy regarding the vacancies have intensified following last year's presidential elections. The failure to appoint judges is not merely a procedural issue but also reflects deeper political tensions within the country, raising questions about the independence of the judiciary and the implications of such vacancies on the legal landscape in Poland. As discussions continue about the future of the Constitutional Tribunal, the ruling coalition may face mounting pressure to take decisive action in filling these critical positions, ensuring that the Tribunal can once again fulfill its essential role in Poland's legal system.