Six judges elected to Poland’s Constitutional Tribunal by the Sejm have written to President Nawrocki, expressing concern over the delay in scheduling their swearing-in ceremony.
Newly Appointed Judges and the Legal Framework
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. A 2016 law, enacted during the PiS government, stipulates that appointees must take an oath before the President of the Republic of Poland. The Constitution mandates that the Tribunal consist of 15 judges, individually selected by the Sejm for nine-year terms, with re-election prohibited.
Judges Appeal to President for Swearing-In Date
The newly elected judges sent a letter to President Karol Nawrocki, expressing “concern” that the Presidential Office has not notified them of a date for the swearing-in ceremony after more than a week. They appealed for notification of a possible date, stating their willingness to take the oath in a formal setting, and to deliver the oath documents in a manner convenient for the President.
Who Was Elected to the Tribunal?
The individuals selected as Constitutional Tribunal judges include Krystian Markiewicz, former chairman of the codification commission for the judiciary and prosecution at the Ministry of Justice; Maciej Taborowski, a professor at the Polish Academy of Sciences’ Institute of Legal Sciences; Marcin Dziurda, a professor at the University of Warsaw’s Faculty of Law and Administration; Anna Korwin-Piotrowska, former president of the Regional Court in Opole; Dariusz Szostek, a professor at the University of Silesia; and Magdalena Bentkowska, an attorney.
Candidates Not Receiving Support
Two candidates nominated by the PiS club—Artur Kotowski, a professor at the Cardinal Stefan Wyszyński University, and Michał Skwarzyński, an assistant professor at the Catholic University of Lublin—did not receive sufficient support for appointment.
Dispute Over the Oath-Taking Procedure
Justice Minister Waldemar Żurek immediately appealed to the President upon the judges’ election, urging him not to “break the constitution” and to administer the oath. He also announced a “Plan B” in case the President refused to do so.
Presidential Office Seeks Clarification from Sejm
The President’s Chief of Staff, Zbigniew Bogucki, requested clarification from the Sejm Marshal regarding the procedure for electing the judges. The Sejm’s Chief of Staff, Marek Siwiec, responded, but Bogucki deemed the response insufficient to address the President’s constitutional concerns, renewing his inquiries. The Sejm concluded its correspondence with the Presidential Office on the matter prior to a Wednesday session.
Constitutional Concerns and Tribunal Review
Bogucki argued that the simultaneous election of six judges contradicts both the Constitution and Sejm practice. Members of Law and Justice raised similar concerns in a motion to the Constitutional Tribunal, challenging the rules governing the election of TK judges by the Sejm. The Tribunal postponed the hearing indefinitely and requested a written statement from President Nawrocki.
Decade of Conflict and Eroded Trust
The Constitutional Tribunal has been the focus of multifaceted conflict for the past decade, involving numerous legal, political, and administrative issues, ultimately leading to questions about the validity of the Tribunal’s rulings by many legal and political figures.
Sejm Resolution on Tribunal Functioning
In a resolution adopted in March 2024, the Sejm emphasized that acknowledging decisions of the Constitutional Tribunal issued in violation of the law as binding could be considered a violation of the principle of legalism. The Sejm also stated that Jarosław Wyrembak and Justyn Piskorski, currently serving on the Tribunal, are not judges of the Constitutional Tribunal. Since the adoption of that resolution, Tribunal rulings have not been published in the Journal of Laws.
Sejm’s Stance on Reforming the Tribunal
On March 13th, the Sejm adopted a resolution stating the need to take actions to shape the composition of the Constitutional Tribunal in a way that ensures it meets the requirements of a court established by law, independent and impartial, including the election of judges to fill vacant positions and the restoration of public trust in the institution. The resolution also emphasized that the primary goal of these actions is to restore the functioning of the Tribunal as an organ performing the tasks specified in the Constitution of the Republic of Poland in accordance with the legal order in force in Poland.
