Poland’s President Karol Nawrocki will submit a dispute to the Constitutional Tribunal regarding the swearing-in of judges, a process described as a “farce” by his chief of staff.
Selection and Initial Oath-Taking of Constitutional Tribunal Judges
On March 13th, the Sejm (Polish Parliament) elected six judges to the Constitutional Tribunal, bringing the total number of judges to nine out of a possible fifteen. Two of the newly elected judges took their oath of office at the Presidential Palace at the invitation of President Karol Nawrocki.
The Presidential Chancellery indicated that the situation of the remaining four judges was under analysis, citing alleged procedural errors during the Sejm’s selection process.
Sejm Oath-Taking and Presidential Challenge
On April 9th, the remaining four judges took their oath in the Sejm’s Column Hall, stating they were doing so “before the President.” The two judges who had previously sworn oaths before the President also repeated the ceremony. All judges then submitted written oaths to the Presidential Chancellery.
Tribunal Access and Presidential Dispute
Dariusz Szostek and Magdalena Bentkowska immediately assumed their positions at the Constitutional Tribunal. However, Tribunal President Bogdan Święczkowski stated that Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska had not taken office, as their Sejm ceremony was not considered a valid oath “before the President.”
The four judges who were not recognized by the President have requested permission from the Tribunal President to perform their duties.
The President’s Chief of Staff announced on April 9th that the President would file a dispute with the Constitutional Tribunal regarding the competency conflict between the President and the Sejm concerning the oath-taking process.
Criminal Proceedings and Allegations of Interference
The Minister of Justice ordered a criminal investigation into employees of the Presidential Chancellery who advised President Nawrocki not to accept the oaths from the Sejm-elected judges, suggesting potential dereliction of duty.
Magdalena Bentkowska and Dariusz Szostek filed a complaint alleging a crime against the administration of justice, claiming that the failure to establish employment relationships with the remaining four judges constituted a violation of the law.
National Prosecutor’s Office Investigation
The National Prosecutor’s Office has launched an investigation into facilitating the President’s refusal to accept the oaths from four Constitutional Tribunal judges and preventing them from serving on the Tribunal.
Tribunal President’s Assessment
Tribunal President Bogdan Święczkowski stated that if the President submits a dispute to the Constitutional Tribunal, the issues would be quickly resolved if a full panel of judges is available.
