A recent poll reveals Polish public opinion is fractured over who bears responsibility for the ongoing crisis within the Constitutional Tribunal.
Disagreement on Accountability
A survey found 25.3% of respondents believe all parties involved – the President, the government, newly appointed judges, and the President of the Constitutional Tribunal – share equal responsibility for the crisis. 23.3% attribute the conflict to the ruling majority.
Only 3.5% pointed to the President of the Constitutional Tribunal, Bogdan Święczkowski, while 2.8% blamed the judges themselves. 10.6% of those surveyed expressed no opinion. The poll was conducted via telephone (CATI) on April 10-11 with a sample size of 1074 people.
The Dispute Over New Judges
On March 13th, parliamentarians elected six Constitutional Tribunal judges. On April 9th, two judges – Dariusz Szostek and Magdalena Bentkowska – took their oath in the Sejm, having previously sworn allegiance to Karol Nawrocki. Four other newly elected judges – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – have yet to receive their oaths from the President.
Commentary and Controversy
Experts note the ruling majority delayed filling vacancies within the Constitutional Tribunal for an extended period. Karol Nawrocki faces criticism for not administering the oath to the remaining four judges. The alternative oath-taking ceremony in the Sejm, without the President’s presence, has also sparked debate.
The decision by the President of the Constitutional Tribunal, Bogdan Święczkowski, to prevent the four new judges from ruling has also generated controversy.
Żurek Initiates Investigation
According to Justice Minister and Prosecutor General Waldemar Żurek, the President and his staff may have failed to fulfill their duties. Żurek announced on April 13th that he had instructed the prosecutor’s office to investigate individuals who have publicly disclosed information, potentially including representatives from the President’s Chancellery and advisors who may have urged the President not to administer the oaths.
Minister Żurek on Nawrocki and Święczkowski’s Actions
Żurek considers Nawrocki’s decision to swear in only two judges unlawful and unconstitutional, stating the President’s selective approach was a violation of the law. He also described the President of the Constitutional Tribunal’s actions as “absurd,” emphasizing that judges are appointed based on legal procedures and parliamentary elections, not presidential directives.