Poland’s PiS party announced it will file a criminal complaint alleging wrongdoing related to the swearing-in of Constitutional Tribunal judges in Parliament on Thursday.
PiS Announces Legal Action
The PiS club announced it will file a notification to the prosecutor’s office regarding the suspicion of a crime committed by individuals involved in Thursday’s events in the Sejm, according to PiS club chairman Mariusz Błaszczak. PiS leader Jarosław Kaczyński described Thursday’s swearing-in of Constitutional Tribunal judges in the Sejm as a “grotesque event.”
Swearing-In Ceremony in the Sejm
On Thursday, six judges of the Constitutional Tribunal, elected in March, took their oaths in the Column Hall of the Sejm. Dariusz Szostek and Magdalena Bentkowska, who had already taken their oaths before President Karol Nawrocki, and Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska also swore in. Sejm Marshal Włodzimierz Czarzasty later stated that he considered the procedure closed.
Kaczyński Condemns the Event
In an afternoon statement, Kaczyński called the event “grotesque” and simultaneously a “extremely harmful” phenomenon. He stated, “This is simply the destruction of the state, the destruction of the rule of law, trampling on it in an unprecedented way.”
Rule of Law Disregarded
Kaczyński believes that “the essence of what happened is simply a complete abandonment of the principles of the rule of law.” He argues the event has no effect leading to rulings by the judges selected by the Sejm.
Judges’ Credibility Questioned
According to Kaczyński, the judges will no longer be able to take the oath before the President, “because their credibility as judges of the Constitutional Tribunal has been reduced to zero.”
Broader Political Context
Kaczyński asserted, “This operation is part of a broader operation, because the destruction of Polish public finances, the destruction of the economy, the destruction of healthcare, all together translate into a set of actions that already have a certain logic. The logic of gradually stopping Poland’s rapid development… bringing it to a state where it will have to accept terms of complete dependence on others, and those others are formally Brussels, in fact Berlin.”
Błaszczak Details Legal Steps
Mariusz Błaszczak announced legal steps and identified those responsible, stating that during Thursday’s swearing-in, “we were dealing with the destruction of the dignity of the Polish state,” and those responsible are Sejm Marshal Włodzimierz Czarzasty, Head of the Sejm Chancellery Marek Siwiec, and all those “who took part in this event.”
Criminal Complaint to be Filed
Błaszczak informed that his grouping will submit a notification to the prosecutor’s office regarding the suspicion of committing a crime, because – according to PiS – there was a violation of Art. 231 par. 2 of the Penal Code. He stated those who participated in the event committed an abuse of power to obtain personal – personal political – benefit.
No Legal Basis for Swearing-In
Błaszczak added that “there is no provision that would allow the Sejm Marshal to accept the oath of persons elected to the Constitutional Tribunal.”
Acknowledging Current Political Landscape
Błaszczak acknowledged that “as long as Waldemar Żurek is the Attorney General and Minister of Justice, this application will not be considered, but we assume that every regime passes – the regime of the December 13th coalition, the regime of Donald Tusk will also pass.” He later wrote on platform X that the notification to the prosecutor’s office would be sent on Thursday.
Judges’ Position and Further Actions
After taking the oath in the Sejm on Thursday, the Constitutional Tribunal judges went to the Office of the President of the Republic of Poland and – as informed by Judge Krystian Markiewicz on behalf of all the judges – submitted written oaths to the President. Markiewicz emphasized that they are “properly and effectively elected judges of the Constitutional Tribunal.”
Commitment to Duties
Markiewicz added that the duty of all six is to “immediately begin performing judicial duties.” He stated they are subject only to the Constitution and, in accordance with the oath, will faithfully serve the nation, guard the Constitution, and perform their entrusted duties impartially and with the utmost diligence.
Oath-Taking Procedure
During the ceremony in the Sejm, four judges elected by the Sejm in March, who had not yet taken their oaths before the oath was pronounced, recited the formula: “I appeal to the President of the Republic of Poland. On the basis of Art. 4 sec. 1 of the Act of November 30, 2016 on the status of Constitutional Tribunal judges (…) I take the following oath before the President of the Republic of Poland.” The two judges who took their oaths at the Presidential Palace last week recited only the oath formula stipulated in the Act on the status of Constitutional Tribunal judges in the Sejm on Thursday.
Arrival at the Tribunal
After submitting the documents at the KPRP office, the judges went to the Constitutional Tribunal and entered its headquarters.
KPRP Chief’s Statement
KPRP Chief Zbigniew Bogucki stated earlier on Thursday that “the only body before which the oath of a person elected to the office of Constitutional Tribunal judge can be effectively taken is the President of the Republic of Poland,” and that “attempting to replace the statutory procedure with another form must be assessed as a refusal to submit to the applicable law.” He added that this “also causes the effect directly provided for” in the regulations, according to which “refusal to take the oath is equivalent to resignation from the position of Constitutional Tribunal judge.”