Poland’s President intends to seek a ruling from the Constitutional Tribunal regarding the legality of judges’ recent oaths taken in the Sejm.
President to Seek Tribunal Ruling on Judges’ Oaths
Zbigniew Bogucki announced Monday that the President will submit a request to the Constitutional Tribunal (TK) to resolve a jurisdictional dispute concerning the oath-taking of judges organized in the Sejm in April. The President’s Chief of Staff specified this concerns whether the event in the Sejm could legitimately be considered an oath-taking ceremony.
Bogucki stated that Karol Nawrocki is “fully aware that this could not be done,” but emphasized the President is acting “as a statesman and following the path of the constitution.”
Concerns Over Legality of Sejm Oath-Taking
Bogucki commented that individuals involved in the Sejm oath-taking chose a path inconsistent with the law. He also noted some were “very strongly politically engaged” and that the judges “exceeded a certain level of absurdity.”
He added that the President has never participated in “farcical” events, describing the Sejm proceedings as “more than a mere cabaret.”
Constitutional Basis for Tribunal Review
Article 189 of the Polish Constitution grants the Constitutional Tribunal the authority to resolve jurisdictional disputes between central constitutional state organs.
Tribunal to Review if Requested
Constitutional Tribunal President Bogdan Święczkowski confirmed the Tribunal would review the jurisdictional dispute if the President submits a request. Święczkowski stated the Tribunal would determine if the event in the Sejm had any legal significance and who is authorized to administer the oath.
He expressed confidence that the issues would be quickly clarified once a full panel of the Tribunal is convened, noting the President has already accepted oaths from two judges, bringing the Tribunal’s total to 11 judges.
Request for Clarification from Nawrocki
The President of the TK also stated he requested Karol Nawrocki clarify whether the event in the Sejm meant the judges had sworn oaths before the President. He is awaiting a response.
Criticism of Past Actions
Professor Mirosław Wyrzykowski, a retired Constitutional Tribunal judge, stated that over the past eight years there has been a deliberate and conscious effort to change the constitutional order of the state without amending the constitution, describing it as a hostile takeover of the state by entities hostile to the Constitution.
Sejm Vote and Subsequent Oaths
In mid-March, the Sejm elected six Constitutional Tribunal judges. Two of those elected by the Sejm took their oaths in the Presidential Palace at the President’s invitation. The Presidential Office indicated it was analyzing the situation of the remaining four, citing irregularities in the Sejm proceedings.
On April 9th, the remaining four judges took their oaths in the Sejm’s Column Hall, stating they were doing so “before the President.” The two judges who had already sworn oaths before the President also repeated their oaths. All judges then submitted written oaths to the Presidential Office.
Judges’ Status and Tribunal Membership
Dariusz Szostek and Magdalena Bentkowska took office at the TK on the same day. President Święczkowski stated the other four – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – had not taken office, as the events in the Sejm could not be recognized as an oath “before the President.” Markiewicz and the other three judges submitted a letter to the President requesting permission to perform their duties.
