Bogdan Święczkowski Demands Police Explanation Over Constitutional Tribunal Intervention

Constitutional Tribunal President Bogdan Święczkowski has formally requested that the Chief of Police explain the legal basis for an intervention at the Tribunal’s headquarters during the General Assembly on July 14.

Request for Official Justification

Bogdan Święczkowski has demanded details regarding the July 14 police presence at the Constitutional Tribunal, seeking the legal basis for the intervention, the identity of the caller, and copies of all official reports filed. He asserts that the police action constituted an external interference with the Tribunal’s constitutional independence and its ability to maintain order during proceedings.

The Tribunal President emphasized that as a judicial body, the institution must remain free from executive branch influence. He stated that the police have no legal authority to determine who may participate in the General Assembly of Constitutional Tribunal judges, labeling the intervention a potential violation of constitutional principles.

Conflict Over Judge Participation

The intervention stemmed from a dispute over access for newly elected judges to the General Assembly. While two judges, Magdalena Bentkowska and Dariusz Szostek, were present, other individuals elected by the Sejm were denied entry as judges, leading them to call the police. The session was ultimately aborted due to a loss of quorum.

The Constitutional Tribunal has characterized the actions of the police and a participating prosecutor as an attempt to intimidate an independent judicial organ. The Tribunal maintains that it will not submit to pressure from the executive branch while legal disputes regarding the swearing-in process of these judges remain pending before the court.

Status of Judicial Appointments

The root of the conflict lies in the contested status of six judges elected by the Sejm in March. While President Karol Nawrocki swore in Bentkowska and Szostek, he has not invited the remaining four candidates, nor has he accepted the swearing-in of Sławomir Patyra, elected in June.

The Tribunal is currently reviewing a competency dispute filed by President Nawrocki concerning these appointments. President Święczkowski maintains that those not properly sworn in before the President cannot officially hold office or participate in the General Assembly as judges, despite challenges from parliamentary authorities.