Judge Patyra Appeals Again to President Nawrocki Over Constitutional Tribunal Swearing-In

Newly elected Constitutional Tribunal judge Sławomir Patyra has once again written to President Karol Nawrocki requesting a date for his swearing-in ceremony to formally assume office.

Judge Patyra’s Repeated Request to the President

Sławomir Patyra was elected by the Sejm as a judge of the Constitutional Tribunal to replace Judge Andrzej Zielonacki, whose term ended on June 28. The judge has not yet assumed his official duties because the president has not yet received his oath. On July 3, he reported that he had sent a letter to President Karol Nawrocki asking for a date to be set for his swearing-in, indicating his readiness to establish an employment relationship with the Tribunal. Onet has established that the judge has done this again.

“I am asking Mr. President once again to indicate the date on which – in the presence of Mr. President – I will be able to take the oath,” Patyra wrote, citing the provisions of the act on the status of judges of the Constitutional Tribunal. As he emphasized, completing this formality is a necessary condition for establishing the employment relationship, without which he cannot formally take up the function. He also wants the swearing-in to take place precisely before the head of state.

Academic Background and Constitutional Order

The judge also referred to his academic achievements. As a constitutionalist with over 31 years of teaching experience, he noted that for years he taught students respect for state institutions and applicable legal procedures, and that is why he wants the swearing-in to be carried out in accordance with the law and constitutional order.

Furthermore, he recalled the cooperation between the president and the Constitutional Tribunal in the process of guaranteeing the supremacy of the constitution, pointing out that the head of state has the prerogative to submit motions in the preventive control procedure, which are then examined by the Tribunal. This mutual connection between the two institutions is, according to the judge, an additional argument for quickly setting a date.

Sejm Marshal Czarzasty’s Pressure and Previous Oaths

Last Wednesday, July 15, Sejm Marshal Włodzimierz Czarzasty announced that on Monday he had sent a letter to Karol Nawrocki appealing for immediate action to enable Sławomir Patyra to exercise his mandate as a Tribunal judge. He added that the letter recalled that Patyra was elected to a nine-year term over a month ago, on June 11, and that the Sejm resolution was delivered to the president and published in the official journal Monitor Polski.

The marshal was asked whether it is possible for the judge to take the oath in the Sejm. Earlier in March of this year, the Sejm elected six Constitutional Tribunal judges, two of whom took the oath at the Presidential Palace on April 1, while the remaining four took the oath on April 9 in the Sejm’s Column Hall with the formula that they were doing so “before the president.” Tribunal President Bogdan Święczkowski has not yet allowed these four to perform activities in the Tribunal.

Statements from Political Leaders

Czarzasty emphasized that when the president accepted the oaths from two individuals in early April, he argued, among other things, that he had too little time to appoint all six. He noted that a month has passed since Patyra’s election and that within the next two weeks the argument about someone taking other actions will collapse, describing the exchange as a nice correspondence reminding parties of deadlines.

Prime Minister Donald Tusk stated on Friday that the Constitutional Tribunal “must be supplemented by judges chosen by the Sejm, whether one likes it or not.” The head of government emphasized that they will enforce this by all available means.