Judges elected by the Polish Sejm have appealed to the President to set a date for their swearing-in ceremony, expressing concern over delays.
Sejm-Elected Judges Seek Presidential Action
Judges selected by the Sejm have formally requested the President to announce a date for their swearing-in. They indicated a willingness to take the oath in an alternative format if a meeting with the President proves impossible.
On March 13th, the Sejm elected six judges to the Constitutional Tribunal, following nominations from the Sejm Presidium and securing support from the governing coalition.
Legal Framework and Presidential Discretion
A 2016 law, enacted during the previous government, stipulates that appointees to the Constitutional Tribunal must swear an oath before the President. The Constitution mandates a composition of 15 judges, individually selected by the Sejm for nine-year terms, with no re-election permitted.
President Karol Nawrocki has yet to administer the oath to the Sejm-elected judges.
Presidential Office Delay Raises Concerns
In a letter dated Tuesday, the newly elected judges expressed “concern” over the Presidential Office’s failure to provide a swearing-in date after more than a week.
Alternative Swearing-In Offered
The judges reiterated their readiness to swear the oath in a formal ceremony, even without the President’s direct presence, and to subsequently provide the oath documents to the President at his convenience.
Who Are the Newly Elected Judges?
The six judges elected on March 13th were selected from a pool of candidates.
Two candidates nominated by the PiS club – Professor Artur Kotowski and Dr. Michał Skwarzyński – did not receive sufficient support.
Legal Dispute and Justice Ministry’s “Plan B”
Justice Minister Waldemar Żurek urged the President not to “break the constitution” and to administer the oath to the elected judges. The Ministry of Justice also announced a “Plan B” in case of presidential refusal.
Procedural Queries and Ongoing Correspondence
The President’s Chief of Staff, Zbigniew Bogucki, requested clarification from the Sejm Speaker regarding the election procedure. The Sejm’s Chief of Staff, Marek Siwiec, responded, but Bogucki deemed the response insufficient, renewing his inquiries.
The Sejm concluded its correspondence with the Presidential Office on the matter prior to Wednesday’s session.
Constitutional Doubts and Tribunal Paralysis
Bogucki argued that the simultaneous election of six judges contradicts both the Constitution and established Sejm practice. Similar concerns were raised by Law and Justice (PiS) lawmakers in a challenge to the election procedure before the Constitutional Tribunal, which has postponed the hearing indefinitely.
The Tribunal has also requested a written statement from President Nawrocki on the matter. The past decade has seen extensive legal, political, and administrative conflicts surrounding the Tribunal, leading to questions about the validity of its rulings.
Sejm Resolutions and Tribunal Legitimacy
In a resolution adopted in March 2024, the Sejm emphasized that acknowledging decisions issued by the Tribunal in violation of the law could be considered a breach of the principle of legality. The Sejm also questioned the status of two current Tribunal judges, Jarosław Wyrembak and Justyn Piskorski.
Since the Sejm’s resolution, Tribunal rulings have not been published in the Journal of Laws.
Restoring Trust in the Constitutional Tribunal
On March 13th, alongside the judge elections, the Sejm passed a resolution stating the need to reshape the Tribunal’s composition to ensure it meets the requirements of an independent and impartial court, rebuilding public trust.
The resolution underscored the importance of restoring the Tribunal’s functionality in accordance with the Polish legal order.
