A dispute over the appointment of Constitutional Tribunal judges deepened Thursday as six newly elected judges swore their oaths in the Sejm, bypassing the President.
Bogucki Alleges Constitutional Breach
Zbigniew Bogucki, head of the Presidential Legal Bureau (KPRP), stated that eleven Constitutional Tribunal judges and four “anti-judges” remain following what he termed a “farce” organized in the Sejm regarding a notary, conducted without legal basis and in violation of the Constitution.
Bogucki criticized the proceedings as a violation of articles 7, 2, 4, 10(1), and 126(1 & 2) of the Constitution.
Sejm Oath-Taking Ceremony
Six judges elected by the Sejm in March took their oaths during a ceremony in Parliament on Thursday. Dariusz Szostek and Magdalena Bentkowska, who had already been sworn in by President Karol Nawrocki, along with Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska, participated.
Political Reactions to the Oath-Taking
Bogucki accused Donald Tusk of “exposing others to a parody” in the situation. Deputy Justice Minister Dariusz Mazur responded by suggesting President Nawrocki invite the judges to the Presidential Palace, reciprocating the Sejm’s invitation.
Mazur questioned why the President would meet with an individual accused of organized crime and fascism but not with judges elected by the Sejm, referencing a constitutional obligation.
Criticism of Presidential Actions
Maciej Berek, Minister for the Implementation of Government Policy, criticized the President for attempting to obstruct the assumption of office by judges elected by the Sejm, and for unilaterally claiming the authority to judge constitutional violations through his Chief of Staff.
Berek characterized this as “creativity in attempting to create an alternative, extra-constitutional system.”
Presidential Office Defends Position
The Presidential Office maintains that only the President can administer the oath of office. Marcin Przydacz, head of the Presidential Bureau of International Policy, stated that the Tribunal currently consists of 11 judges and that the President has not yet scheduled a date to accept oaths from the remaining candidates.
Przydacz suggested that the actions of four candidates indicated they could not legitimately take the oath, as they were allegedly violating the law.
Background on Judge Selection and Swearing-In
The Sejm elected six Constitutional Tribunal judges on March 13th. President Nawrocki had previously sworn in Szostek and Bentkowska. The remaining four judges invited the President to the Sejm to take their oaths.
Bogucki reiterated that the President is the sole authority to receive the oath of office, and attempts to circumvent the legal procedure are a rejection of the law, resulting in a resignation from the position of Constitutional Tribunal judge.
