Former Constitutional Tribunal Presidents Propose Path Out of Crisis

Former Tribunal presidents Marek Safjan, Jerzy Stępień, and Andrzej Zoll have urged President Karol Nawrocki to administer oaths to five newly elected judges to resolve the ongoing constitutional standoff.

Proposed Solution to the Judicial Impasse

Former Constitutional Tribunal presidents Marek Safjan, Jerzy Stępień, and Andrzej Zoll argue that the President accepting the oaths of five judges would end the crisis currently paralyzing the institution. They presented this proposal during a June meeting with the head of the Presidential Chancellery, Zbigniew Bogucki.

The former presidents emphasized that the primary condition for resolving the stalemate is allowing the newly elected judges to assume their duties. They suggested that the upcoming swearing-in of Sławomir Patyra could serve as an opportunity to simultaneously swear in the four judges elected in March, addressing concerns regarding the validity of their previous oath ceremony in the Sejm.

Constitutional and Legal Consequences

The legal experts warned that preventing these judges from assuming their roles constitutes a clear violation of constitutional principles, fostering legal chaos. They contend that rulings issued by the Tribunal without the participation of the duly elected judges are legally invalid, rendering the current system of constitutional oversight ineffective.

The former presidents further noted that the ongoing crisis harms the state’s authority and dignity. They highlighted the absurdity of the situation where newly elected judges are left waiting in the lobby of the Tribunal, effectively barred from their mandated public duties for over three months.

Lack of Presidential Response

Despite their formal communication, the former presidents report that they have received no response from the Presidential Chancellery regarding their proposals. They maintain that a return to the constitutional principle of cooperation between state authorities is essential for restoring the rule of law.

While President Nawrocki has previously filed a motion with the Tribunal arguing that the proceedings held in the Sejm regarding the judges’ oaths had no legal effect, the former presidents explicitly reject this view. They remain adamant that presidential intervention is the only viable path to restoring the Tribunal’s functionality.