Poland’s Ministry of Foreign Affairs is preparing its response to the European Court of Human Rights by today’s May 20 deadline regarding four Constitutional Tribunal judges denied their official duties.
ECHR Mandate and Government Response
The Ministry of Foreign Affairs is finalizing its response to the European Court of Human Rights (ECHR) concerning four judges of the Constitutional Tribunal (TK) who have not been allowed to perform their duties. Ministry spokesperson Maciej Wewiór confirmed that the documentation is set to be submitted by the end of today, May 20, as mandated by the ECHR.
In early May, the ECHR issued an interim measure ordering relevant Polish authorities to refrain from obstructing these judges from assuming their roles until further decisions are reached. The Polish government was ordered to report on the status of these individuals by the May 20 deadline.
Dispute Over Judicial Appointments and Oaths
The conflict centers on four judges—Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska—elected by the Sejm on March 13. While they took oaths in the Sejm, they were not invited to take an oath before President Karol Nawrocki, who only accepted oaths from two other judges, Dariusz Szostek and Magdalena Bentkowska.
TK President Bogdan Święczkowski argues that the four judges have not officially assumed their posts because the event in the Sejm cannot be legally recognized as an oath “before the President.” Consequently, the judges filed an application for interim measures with the ECHR.
Constitutional Tribunal and Sejm Standoff
In a recent filing with the Ministry of Foreign Affairs, President Święczkowski maintained that he is not obstructing the judges, stating they are not yet considered TK judges as they failed to meet the statutory requirement of swearing an oath before the President. He also noted that a constitutional dispute regarding this process is currently pending before the Tribunal.
Meanwhile, the Sejm passed a resolution in March 2024 asserting that the current Constitutional Tribunal is issuing rulings in violation of the law. The Sejm further declared that two acting judges, Justyn Piskorski and Jarosław Wyrembak, are not legitimate members of the Tribunal, leading to a situation where recent TK rulings are not being published in the Journal of Laws.