Poland’s Constitutional Tribunal unexpectedly postponed a ruling on judicial appointments, frustrating the Law and Justice party and raising questions about the court’s future.
Constitutional Tribunal Addresses Appointment Dispute
The Constitutional Tribunal on Tuesday considered a request from Law and Justice (PiS) regarding the constitutionality of provisions within the law on the status of Constitutional Tribunal judges. The challenge centers on the procedure for selecting Tribunal members.
Specifically, the dispute concerns Article 2, which states that the rules for selection and related procedural deadlines are determined by the Sejm’s Rules of Procedure, and Article 4, which requires the President of Poland to administer the oath of office to newly elected judges.
Tribunal Seeks Presidential Opinion
However, the Tribunal did not issue a ruling. Instead, it requested a position from President Karol Nawrocki on the provision concerning the judges’ oath of office, indefinitely postponing the hearing.
Shift in Tribunal’s Stance Raises Eyebrows
This decision is surprising, as the Tribunal, previously entirely composed of PiS-appointed judges, generally favored Law and Justice’s requests and ruled in line with Jarosław Kaczyński’s party. Last week, the Tribunal also declined to address another PiS request for a protective order to prevent the Sejm from electing six new judges until the law’s constitutionality was assessed.
“We Lost 2-0” – PiS Reacts
Law and Justice politicians expressed disappointment with the Tribunal’s recent decisions. One PiS politician commented, “We lost 2-0, because first, the Tribunal did not consider our request for a protective order, and second, today it did not issue a ruling on the provisions of the law on the status of judges.”
The source added that the Tribunal had “washed its hands” of the matter and passed the problem onto President Nawrocki.
Irony of PiS’s Challenge
The situation is notable because PiS lawmakers challenged provisions they themselves enacted in 2016. These provisions were used to appoint all current Tribunal judges, including the five who sat on the panel Tuesday – including Tribunal President Bogdan Święczkowski, Vice-President Bartłomiej Sochański, and judges Rafał Wojciechowski, Andrzej Zielonacki, and Jarosław Wyrembak (a “substitute” judge).
Opposition Calls for Resignations
For the Civic Coalition, a ruling deeming the 2016 law unconstitutional would mean the current judges are serving illegally. Former Justice Minister and Senator Krzysztof Kwiatkowski stated that such a ruling should lead to their resignations, suggesting the judges recognize the potential consequences.
PiS Lawmaker Defends Challenge’s Focus
MP Marcin Warchoł, one of the authors of the request to the Tribunal, argued the challenge concerns the six new judges elected by the ruling coalition last Friday, not the current judges. He requested the Tribunal ensure the ruling doesn’t invalidate past proceedings where judges took the oath of office.
Warchoł added that the newly elected six should not be sworn in or allowed to rule.
Timeline for Presidential Response
President Nawrocki has 30 days to provide his opinion on the oath-taking provision (deadline: April 17th). Warchoł hopes the Tribunal will resume the hearing and issue a ruling on the 2016 law after receiving the President’s response.
Fate of New Judges Uncertain
President Nawrocki must also decide how to proceed with the six judges elected by the Sejm on March 13th. The candidates were nominated by the ruling coalition: Prof. Krystian Markiewicz, Dr. Hab. Maciej Taborowski, Anna Korwin-Piotrowska, Dr. Magdalena Bentkowska, Dr. Hab. Marcin Dziurda, and Dr. Hab. Dariusz Szostek.
President May Refuse to Swear In New Judges
Zbigniew Bogucki, the President’s Chief of Staff, indicated that President Nawrocki may refuse to administer the oath to the newly elected members, citing doubts about the Sejm’s procedures in their selection.
Bogucki pointed to the failure to meet the 30-day deadline for submitting nominations before the end of the previous judges’ terms.
“Plan B” for Constitutional Tribunal
The ruling coalition has a “Plan B” in case the President refuses to swear in the new judges: the oath could be taken in writing or before the National Assembly. If Prezes Święczkowski denies the new six access to the Tribunal, the Civic Coalition is prepared to request police assistance to enter the building.
Ongoing Crisis at the Constitutional Tribunal
This is the latest episode in a crisis at the Constitutional Tribunal that began in late 2015 when President Andrzej Duda refused to swear in three judges elected by the previous Sejm (a coalition of PO-PSL) and instead swore in lawyers nominated by Law and Justice, dubbed “substitutes.” Two of these “substitutes,” Justyn Piskorski and Jarosław Wyrembak, continue to serve on the Tribunal.
Law and Justice also appointed politicians to the Tribunal, including Krystyna Pawłowicz, Stanisław Piotrowicz, and Bogdan Święczkowski. In response, the current ruling coalition has stated they do not recognize the Tribunal’s rulings and will not publish them.