Poland's Constitutional Tribunal Bans Communist Party, Citing Totalitarianism and Papal Encyclicals

Constitutional Tribunal Declares Communist Party Unconstitutional

In a unanimous decision on December 3, 2025, Poland's Constitutional Tribunal ruled that the Communist Party of Poland (KPP) is incompatible with the nation's constitution. This landmark ruling mandates the removal of the KPP from the national register of political parties, effectively banning its operations in the country. The Tribunal's decision was based on the party's program embracing ideological principles and methods associated with totalitarian communist regimes, which are explicitly prohibited by the Polish Constitution.

Legal Grounds and Justification

The Tribunal's judgment primarily invoked Articles 11 and 13 of the Polish Constitution. Article 13 specifically forbids political parties whose programs are based on totalitarian methods and activities, including those of Nazism, fascism, and communism, or those advocating for the application of violence to gain power. Article 11 further requires political parties to adhere to principles of fairness and democratic governance. Judge Krystyna Pawłowicz, presenting the Tribunal's reasoning, stated, 'There is no place in the Polish legal system for a party that glorifies criminals and communist regimes responsible for the deaths of millions of human beings, including our compatriots.' She added, 'There is also no place for the use of symbols that clearly refer to the criminal ideology of communism.'

Papal Encyclicals and Historical Context

In an unusual move, the Constitutional Tribunal's written justification referenced Catholic social teaching, citing passages from two papal encyclicals condemning communism. These included Pope Pius XI's 1931 encyclical 'Quadragesimo Anno' and his 1937 encyclical 'Divini Redemptoris'. These texts were used to illustrate what the Tribunal described as the 'inherently totalitarian nature' of the ideology underlying the KPP's program. The KPP, established in 2002, claims historical continuity with the pre-World War II Communist Party of Poland (founded 1918, dissolved 1938) rather than the post-war Polish United Workers' Party (PZPR) that governed communist Poland.

Initiation of the Ban and Party Response

The process to ban the KPP was initiated by multiple requests. Former Justice Minister and Prosecutor General Zbigniew Ziobro first petitioned the Tribunal approximately five years ago. More recently, in November 2025, current Polish President Karol Nawrocki submitted a similar application, arguing that the KPP violates the constitution by promoting totalitarian practices. President Nawrocki emphasized that communism violates 'fundamental human values, European traditions, and Christian civilization.' The KPP, which has historically had low public visibility and no parliamentary representation, has rejected the allegations, stating that its program is anti-capitalist and anti-imperialist. Furthermore, the party declared that it does not recognize the Constitutional Tribunal's ruling, citing the ongoing constitutional crisis in Poland and arguing that the Tribunal is illegally constituted. The KPP has indicated its intention to continue functioning as a political movement despite the ruling.