Only two of six newly elected Constitutional Tribunal judges received invitations to a swearing-in ceremony, prompting analysis of potential political motivations.
Invitation to Swearing-In for Only Some Judges
The invitation extended to only a portion of the newly elected judges of the Constitutional Tribunal has multiple possible interpretations, ranging from legal doubts to a political maneuver. Political scientist Dr. hab. Olgierd Annusewicz suggests a negotiation scenario cannot be ruled out.
The situation regarding the invitation to the swearing-in of only two out of six newly elected judges to the Constitutional Tribunal can be interpreted in several ways; it may be a form of negotiation, according to Dr. hab. Olgierd Annusewicz of the University of Warsaw, in a conversation with PAP.
Possible Interpretations of the President’s Decision
University of Warsaw political scientist Dr. hab. Olgierd Annusewicz stated to PAP that the situation can be interpreted in several ways. He suggested the president may have doubts about four individuals, but not the other two, leading to the selective invitations.
Alternatively, the president may be attempting to avoid accusations of obstructing the Constitutional Tribunal. According to Annusewicz, the president might be signaling, “I have certain doubts about these individuals, so I won’t invite them. I have no doubts about these others, so I will.” This approach suggests a targeted approach rather than a blanket obstruction.
Annusewicz noted that neither the president nor his representatives have presented specific concerns regarding the uninvited individuals, leaving the situation unclear. He also suggested the president may invite the remaining judges in stages, potentially as part of a negotiation process.
Selection of Judges by the Sejm
The Sejm elected six Constitutional Tribunal judges on March 13th. Those selected were Krystian Markiewicz, judge and chairman of the codification commission on the structure of the judiciary and prosecution at the Ministry of Justice; Dr. hab. Maciej Taborowski, professor at the Institute of Legal Sciences of the Polish Academy of Sciences; Dr. hab. Marcin Dziurda, professor at the Department of Civil Procedure at the Faculty of Law and Administration of the University of Warsaw; Anna Korwin-Piotrowska, judge and former president of the Regional Court in Opole; Dr. hab. Dariusz Szostek, professor at the University of Silesia; and attorney Dr. Magdalena Bentkowska.
Prime Minister Tusk’s Response
Prime Minister Donald Tusk was questioned on Tuesday regarding the presidential invitation to only two judges. He stated he was not surprised but assured that the government would find a way for all the judges to begin their work.
Previously, the Prime Minister stated that the government maintains the position that “the president has no choice” in the matter. He emphasized that the judges were elected and are therefore legitimate, and will ultimately take the oath of office.