Polish Justice Minister Waldemar Żurek stated he is open to alternative oath-taking procedures for Constitutional Tribunal judges, appealing to President Nawrocki on the matter.
Justice Minister Comments on Presidential Invitations
Justice Minister Waldemar Żurek, responding to questions from PAP regarding the invitation extended to Magdalena Bentkowska and Dariusz Szostek – two of the six judges selected by the Sejm – emphasized that the Sejm determines who becomes a Constitutional Tribunal judge.
Żurek stated that the selection remains with the Sejm, and these judges should take their oath before the President. He acknowledged that “before the President” may not necessarily mean “directly, face-to-face, with the President” in the current context.
Effectiveness and Concerns Regarding Selection Process
Żurek expressed his support for effectiveness, questioning the basis for inviting only two of the six selected judges to the Presidential Palace. He asked if the selection was based on alphabetical order or a random draw, asserting that a state governed by law should not operate in such a manner.
He appealed to the President to clarify his plans for the remaining four judges.
Alternative Oath-Taking Methods Considered
When asked by PAP about the possibility of judges taking their oath remotely or in writing, Żurek confirmed he allows such options. He reiterated his focus on effectiveness, suggesting alternatives before the Parliament, the Sejm Marshal, or remotely.
Criticism of President Nawrocki’s Actions
Żurek noted that past presidents have consistently adhered to fundamental constitutional principles. He believes that the President’s Chancellery and the President himself have fallen into a trap, with Karol Nawrocki attempting to assert undue authority over who qualifies as a judge.
He stressed that this is an error.
Concerns Over Validity of Judge Selection and Potential Further Invitations
The Justice Minister revealed that the Presidential Chancellery had previously raised concerns about the validity of the selection of the six Constitutional Tribunal judges. He noted a shift, with two now considered properly selected, and speculated about the possibility of the President inviting additional judges to the Tribunal.
President Accused of Attempting to Change the System
Żurek told PAP that Nawrocki’s actions regarding the Constitutional Tribunal are not unprecedented. He believes the President is already facing consequences, with declining approval ratings, and that this trend will continue.
He accused the President of attempting to alter the political system, while the ruling Law and Justice (PiS) party lacks a constitutional majority in Parliament, despite desiring one. He suggested PiS should win the elections and criticized the opposition for attempting to force changes through other means.
Legal Framework for Oath-Taking
According to the Act on the Status of Constitutional Tribunal Judges, a person selected as a judge must take their oath before the President of the Republic of Poland. Magdalena Bentkowska and Dariusz Szostek were invited to the Presidential Palace on Wednesday, April 1st, at 11:00 AM and 11:30 AM, respectively.
Zbigniew Bogucki, head of the President’s Chancellery, is scheduled to provide details regarding President Karol Nawrocki’s actions concerning the Tribunal at 12:00 PM.
