A dispute over the swearing-in of Constitutional Tribunal judges in Poland necessitates systemic reform to eliminate partisan influence in the selection process.
Drawing Lots Instead of Political Deals
The current dispute regarding the swearing-in of Constitutional Tribunal judges by the President of the Republic of Poland requires a systemic solution that permanently excludes partial and controversial rulings. The key to reform lies in a new interpretation of Article 194 of the Constitution, without the need for amendment.
Selection Criteria and Candidate Presentation
According to the constitution, the Sejm (Polish Parliament) selects Constitutional Tribunal judges from individuals distinguished by their legal expertise. This concise provision generates two problems: who presents the candidates and how to objectively assess their competence.
The solution is simple: the law on the Tribunal should stipulate that candidate selection is conducted by lot from among titular professors of legal sciences.
Depoliticizing the Process
Such a regulation would completely depoliticize the process. A titular professor (formerly “Belweder professor”) is someone whose knowledge has been verified by a years-long, rigorous system of scientific advancement. Questioning their competence would mean undermining the entire Polish higher education system.
A ‘Safeguard’ Mechanism
To prevent political blocking of the selection, the law should establish strict deadlines for the Sejm to reach a decision. If the parliament fails to decide within the deadline, the randomly selected candidate would automatically obtain the status of a Constitutional Tribunal judge by virtue of the law itself. It is difficult to imagine a situation where the President of the Republic of Poland would refuse to administer the oath to such a high-class legal expert.
Is Political Influence Inevitable?
Comparative law teaches us that state bodies always have a political character. We see this in the USA, where the president appoints Supreme Court justices, or in Switzerland, where party affiliation is an informal requirement. We must accept this, but the Constitution and laws should maximize the orderliness of this process.
The proposal to draw lots from among professors is a step towards meritocracy, which Poland deserves.
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