Six judges elected to Poland’s Constitutional Tribunal in March swore oaths in the Sejm, triggering a dispute with President Nawrocki, who deems the procedure legally invalid.
Judges Sworn In, Presidential Recognition Denied
Six judges selected in March took their oaths during a ceremony in the Sejm on Thursday. Dariusz Szostek and Magdalena Bentkowska, whose oaths were already accepted by President Karol Nawrocki, were joined by Krystian Markiewicz, Maciej Taborowski, Marcin Dziurdaj, and Anna Korwin-Piotrowska.
Following the ceremony, the judges submitted their oath documents to the Chancellery of the Sejm and proceeded to the Constitutional Tribunal building.
Tribunal President Acknowledges Limited Recognition
Tribunal President Bogdan Święczkowski stated he met with two judges who swore oaths before the President and “four individuals elected to the positions of Constitutional Tribunal judges.” He confirmed the two judges who swore oaths before the President have assumed office, while the remaining four have not.
President to Challenge Sejm’s Actions
Zbigniew Bogucki, head of the Sejm Chancellery, announced that President Nawrocki does not recognize the Sejm ceremony as a valid oath-taking. He stated the President will file a petition with the Constitutional Tribunal to resolve a dispute over competence between the President and the Sejm regarding the recent events surrounding the judges’ oaths.
Presidential Spokesperson Declares Documents “Without Legal Force”
Rafał Leśkiewicz stated that documents submitted by the new Constitutional Tribunal judges reached the President’s office but “have no legal force.” He indicated the President is still analyzing the legal aspects of the election of the four judges.
Leśkiewicz emphasized that fulfilling the formalities requires both swearing the oath before the President and commencing official duties, a step guaranteed by the Tribunal President. He added that these two elements were absent in this case.
Legal Doubts and Constitutional Complaint Anticipated
According to Leśkiewicz, the President must consider all legal issues and doubts that arose during the selection of the Constitutional Tribunal judges. He confirmed that Minister Zbigniew Bogucki announced the President will file a complaint with the Tribunal under Article 189 of the Constitution, requesting a ruling on the competence dispute.
The Presidential spokesperson stated that once the dispute is resolved, the President, as guardian of the Constitution, will abide by the Tribunal’s decision, and until then, the matter remains unresolved.
Legal Opinions Diverge, Potential Lawsuit Looms
Constitutional law experts hold conflicting views on the legality of the Sejm ceremony. Ryszard Piotrowski argued the President’s role in swearing in judges is active, making Thursday’s procedure unlawful and potentially leading to disciplinary responsibility for the new judges. Marek Chmaj, however, believes the statutory requirements for the oath were met.
Anna Korwin-Piotrowska, one of the four judges not recognized by the Tribunal President, announced a likely lawsuit with the other three judges against the state to be allowed to perform their duties, and intends to report for work at the Tribunal.
Legal Framework for Oath-Taking
Article 4, paragraph 1 of the Act on the Status of Constitutional Tribunal Judges stipulates that “a person elected to the position of a Constitutional Tribunal judge shall take an oath before the President of the Republic of Poland,” containing a specific oath text. Refusal to take the oath is considered a resignation from the position.
