Two newly sworn-in judges of Poland’s Constitutional Tribunal did not appear for work Tuesday, reportedly awaiting developments regarding four colleagues awaiting presidential oath-taking.
Judges Absent, Tribunal Confirms
Reporter TOK FM Maciej Kluczka reported Tuesday that judges Magdalena Bentkowska and Dariusz Szostek, who took their oaths of office before the president on April 1st, did not report for duty at the Constitutional Tribunal. The Tribunal’s press office confirmed this information, as did Wirtualna Polska.
Tribunal Reminds Judges of Duty
The Constitutional Tribunal’s press office stated that the newly sworn-in judges should immediately report to the Tribunal. Tribunal President Bogdan Święczkowski sent letters to Bentkowska and Szostek on Friday, informing them of their obligation to report to the Tribunal and begin their service. Despite this, they did not appear for work on Tuesday.
Link to Unsworn Judges’ Situation
According to media reports, the absence of these two judges may be linked to the situation of the other four judges selected by the Sejm on March 13th, who have not yet been sworn in by President Karol Nawrocki. These judges are Krystian Markiewicz, Anna Korwin-Piotrowska, Maciej Taborowski, and Marcin Dziurdę.
Media sources indicate the newly sworn-in judges may be delaying taking office until the status of all six is clarified.
Concerns Over Presidential Selection Process
As reported by Ewa Ivanova in Wyborcza, the four unsworn judges are unsure what criteria President Nawrocki used to select the two names for oath-taking. They suspect a deliberate division and believe the president may be usurping the authority to arbitrarily assess Constitutional Tribunal judges.
President Yet to Decide
Last week, the four unsworn judges sent a letter to the president requesting a date for their oath-taking ceremony. However, no decision has been made to date. Media reports suggest various options are being analyzed within the president’s office, and the ruling camp is also considering contingency plans should the procedure be further delayed.
Experts suggest that if the president does not invite the remaining judges to the Presidential Palace, they could take their oath in writing at the Presidential Chancellery.
Impact on Tribunal Functioning
The prolonged impasse has both political and practical implications for the functioning of the Constitutional Tribunal. The assumption of duties by the new judges could affect how cases are handled and the ability to rule in full compositions.
Currently, the Tribunal has nine judges, despite theoretically having the legally required minimum of 11. A full Tribunal should consist of 15 judges.
