Six new Constitutional Tribunal judges swore their oaths in the Sejm and appeared at the Tribunal headquarters, sparking controversy over the legality of their appointment.
Oath-Taking and Arrival at the Tribunal
Six new members of the Constitutional Tribunal took their oaths in the Sejm, then submitted documentation to the President’s Chancellery before arriving at the Tribunal building, escorted by a police cordon. Former Constitutional Tribunal President, Professor Marek Safjan, described the event as an affirmation of judicial unity.
The oath-taking ceremony in the Sejm involved judges Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska, Magdalena Bentkowska, and Dariusz Szostek. They received their appointment resolutions from the Sejm and then swore their oaths before Sejm Marshal Włodzimierz Czarzasty and a notary.
Confirmation of Legal Selection
Judges emphasized in their oaths that they were swearing before the President, who did not attend the ceremony despite an invitation. Professor Safjan explained the event as a confirmation of the judges’ shared legal standing, emphasizing they were appointed through the same procedure by the Sejm and would begin their work under the same conditions.
Judge Krystian Markiewicz stated that they were properly and effectively elected and subject only to the constitution, with a duty to perform their judicial obligations. Professor Safjan affirmed the selection process was entirely legal.
Political Reactions and Concerns Over Legitimacy
Vice-Marshal of the Sejm Szymon Hołownia asserted that the President has no authority to decide from which judges elected by the Sejm to accept oaths. He noted that even President Duda and PiS lawyers, like Krzysztof Szczucki, agree that the selection of Constitutional Tribunal judges is the exclusive competence of the legislative power.
However, the President’s Chancellery, led by Zbigniew Bogucki, questioned the procedure and the form of the oath-taking, citing failures to meet statutory deadlines for nominations and a “wholesale” replenishment of the judicial panel.
Accusations of a “Farce” and Potential for Chaos
Bogucki labeled the event in the Sejm a “farce” conducted without a legal basis, violating several articles of the Constitution, and maintained that there are eleven legitimate judges and four “anti-judges.” Professor Safjan strongly disagreed, arguing that this is no reason to question the validity of the election.
Jarosław Kaczyński, leader of PiS, condemned the event as “grotesque” and a “mockery of an oath,” accusing the judges of appealing to the President and characterizing it as an act of destroying the state and the rule of law. Mariusz Błaszczak announced PiS would file a criminal complaint.
Potential for Parallel Tribunals and Future Challenges
Szymon Hołownia warned that the turmoil surrounding the Constitutional Tribunal will exacerbate legal chaos, potentially leading to two parallel tribunals. He predicted that the legally elected judges would be deemed “non-judges” by PiS, creating an incentive to select replacements.
Professor Safjan expressed hope that the day would mark the beginning of restoring a true Constitutional Tribunal, emphasizing the importance of upholding the rule of law.
