PiS Challenges Constitutional Tribunal Appointments, Cites Procedural Flaws

Following the swearing-in of two new Constitutional Tribunal judges, a PiS lawmaker claims the selection of the remaining four candidates was illegal due to missed deadlines.

PiS Questions Tribunal Judge Selection Process

Marcin Warchoł, a PiS MP, stated that the selection of two Constitutional Tribunal judges, Magdalena Bentkowska and Dariusz Szostek, adhered to parliamentary procedure, while the appointment of the other four is considered unlawful.

Warchoł explained that the timing of appointments should align with the expiring terms of current judges, and candidates must be nominated at least 30 days before a term ends. He asserts that only nominations for two positions met this requirement.

Procedural Compliance for Two Judges

Despite not being initially selected, Warchoł argues the procedure for the two appointed judges was correctly initiated, allowing for further nominations without the 30-day deadline. This, he believes, validates their selection.

Four Appointments Deemed Illegal

Warchoł contends that the four remaining candidates faced an insurmountable obstacle: the deadline for nomination had passed without any candidates being submitted within the required timeframe. Consequently, he maintains their selection is illegitimate.

Appointed Judges Affirm Validity of Process

Magdalena Bentkowska, after the swearing-in ceremony, expressed confidence that all six judges were properly chosen and hoped the remaining candidates would be sworn in soon to facilitate the Tribunal’s work.

Government Criticizes Presidential Action, Calls for Clarity

Waldemar Żurek, the Minister of Justice, criticized Karol Nawrocki for attempting to influence the judicial appointments and questioned the basis for only two judges being sworn in. He urged President Duda to clarify the status of the remaining four candidates.

Żurek expressed concern that the process lacked transparency, questioning whether the selection was based on merit or arbitrary factors.

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