Polish prosecutors have opened an investigation into obstruction of Constitutional Tribunal judges, alleging deliberate violation of their rights and potential presidential misconduct.
Investigation into Obstruction of Tribunal Judges
The Prosecutor General’s spokesperson stated on Wednesday that the investigation will examine whether assistance was provided to the President in allegedly failing to administer the oath of office to four Constitutional Tribunal judges.
The investigation was initiated this Tuesday, focusing on the obstruction of four Constitutional Tribunal judges’ ability to rule.
Basis for the Investigation
According to prosecutor Adamiak, the investigation was prompted by evidence obtained during a verification procedure following a directive from Waldemar Żurek on April 13th, and a criminal complaint filed by Constitutional Tribunal judges Magdalena Bentkowska and Dariusz Szostek.
Presidential Counsel Under Scrutiny
Last week, the Minister of Justice announced that he had instructed the prosecutor’s office to initiate criminal proceedings, including against employees of the President’s Chancellery who advised President Karol Nawrocki not to administer the oath to judges selected by the Sejm.
The Minister assessed that the President, as well as officials and advisors within his Chancellery, may have failed to fulfill their duties.
Two Lines of Inquiry
The investigation encompasses two key areas, according to Adamiak. The first concerns facilitating the President’s alleged failure to administer the oath to the four judges by fostering the belief that refusing the oath was lawful and justified.
Allegations of Rights Violations
The second line of inquiry relates to the failure of officials within the Constitutional Tribunal to fulfill their obligations, and the alleged “malicious and persistent violation of employee rights” by failing to provide the four judges with working conditions, remuneration, and assignments commensurate with their office.
This includes preventing them from taking office and participating in judicial proceedings.
Prosecutor’s Assessment
Adamiak stated that the information gathered to date indicates a reasonable suspicion of criminal activity, justifying the initiation of proceedings under Article 303 of the Code of Criminal Procedure.
Dispute Over Judges’ Oaths
On March 13th, the Sejm elected six Constitutional Tribunal judges. The President administered the oath of office to two of them – Bentkowska and Szostek.
Sejm Oath and Subsequent Submission
On April 9th, these two judges, along with the remaining four – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – took the oath in the Sejm’s Column Hall, stating they did so “before the President.” They subsequently submitted written oaths to the President’s Chancellery.
Judges’ Status Confirmed and Disputed
Szostek and Bentkowska assumed their positions at the Constitutional Tribunal. However, Constitutional Tribunal President Bogdan Święczkowski stated that the remaining four individuals had not taken office, as the events in the Sejm could not be recognized as an oath “before the President.” He indicated they could visit the Tribunal’s library or submit documents.
Editing Information
Edited by Kamila Cieślik
