Senator Kazimierz Ujazdowski warns President Karol Nawrocki’s actions regarding the Constitutional Tribunal will deepen political chaos in Poland.
President’s Actions Deemed Unconstitutional
Senator Kazimierz Ujazdowski of the Third Way Club argues that President Nawrocki is not only applying the constitution in bad faith but is also usurping a non-existent legal authority to control the Sejm’s resolution on the selection of Constitutional Tribunal judges.
Ujazdowski stated to DGP that the President’s actions will lead to a freeze of the Constitutional Tribunal.
Limited Maneuvering Room for Ruling Parties
Following the President’s acceptance of oaths from two of the six judges selected by the Sejm, the ruling parties have limited room for maneuver.
The situation effectively freezes the Constitutional Tribunal, as the President is accused of exceeding his constitutional authority.
Questions Regarding Tribunal Functionality with Fewer Judges
Debate exists regarding whether the Constitutional Tribunal can function effectively with 11 judges, or if the full complement of 15 is necessary.
While the Tribunal can operate with a partial composition, this does not justify refusing to administer the oath of office.
Potential for Controversial Tribunal Entry
There is discussion of a scenario where judges might enter the Constitutional Tribunal without being sworn in by the President, a move considered a forceful and unlawful act.
Ujazdowski strongly discourages circumventing the law, emphasizing the need for a clear and legalist stance by defenders of the constitution, and warns that such a move would escalate the current turmoil.
Calls for “Normalcy” and Respect for Legalism
Grzegorz Schetyna has called for politicians to “enforce normalcy,” but Ujazdowski interprets normalcy as respecting legalism.
He argues that if criticism is leveled against President Nawrocki and Law and Justice for violating legalism, they must also adhere to it, and warns that attempting to enter the Tribunal without proper swearing-in will lead to a significant escalation.
Destruction and Political Control of the Tribunal
PiS is accused of first destroying the Constitutional Tribunal and then taking control of it, leaving it currently frozen.
Ujazdowski believes that the Tribunal cannot be reformed while President Nawrocki maintains his current stance.
Platforma Obywatelska’s Role in the Crisis
Platforma Obywatelska (Civic Platform) also bears responsibility for the situation, due to the appointment of “substitute” judges to the Constitutional Tribunal.
However, this past mistake does not justify PiS’s deliberate actions to undermine the Tribunal and subject it to strict political control.
Tribunal’s Current State and Future Prospects
The Constitutional Tribunal is effectively non-functional, with rulings not being published due to political interference, representing an institutional and constitutional disaster.
The chance of rebuilding an independent constitutional court is diminishing, with a potential reset not expected until 2030.
President Accused of Acting in Bad Faith
Ujazdowski asserts that the President is acting in bad faith by not administering the oath to all judges selected by the Sejm, failing to fulfill a constitutional duty.
He clarifies this is not within the President’s discretionary power, but a customary constitutional practice.
Constitutional Mechanisms and Political Culture
The constitutional mechanism functions effectively when those in power respect both the letter of the law and unwritten constitutional conventions.
A lack of good state culture undermines the constitution, as it requires continuous responsibility from politicians, officials, and judges.
Alternative Scenarios and Constitutional Reform
In the past, the Sejm explored the possibility of the Speaker of the Sejm administering the oath instead of the President, if the President refused.
Ujazdowski suggests that a constitutional amendment could be considered to dissolve the current Tribunal and establish a new one after the 2028 elections, modeled on the French system, with nominations from each constitutional institution.
Concerns About Political Polarization and Precedent
There is reluctance to amend the constitution due to fears of setting a dangerous precedent and the lack of a constitutional majority.
Ujazdowski believes that a pluralistic selection process, with judges appointed by different institutions, would guarantee a better outcome.
Legitimacy of Judge Selection and Procedural Concerns
Ujazdowski supports respecting the autonomy of the Sejm and considers the selection of judges to be valid.
He suggests extending the selection process and ensuring public hearings for candidates, dismissing claims of irregularities as attempts to obstruct the swearing-in process.
