Six Constitutional Tribunal judges took their oaths in the Sejm on April 9th, but Tribunal President Święczkowski recognizes only two as legitimately appointed.
Judges’ Oaths and Tribunal President’s Objections
On April 9th, six judges of the Constitutional Tribunal took their oaths in the Sejm and appeared at the Tribunal’s headquarters. However, Tribunal President Bogdan Święczkowski recognized the assumption of office by only two of them – Dariusz Szostek and Magdalena Bentkowska – those previously sworn in at the Presidential Palace.
President Karol Nawrocki did not attend the swearing-in ceremony in the Sejm, despite receiving an invitation. Święczkowski stated he “negatively assesses” the participation of the newly elected judges in the ceremony, calling it a “worst possible decision” and a “media spectacle arranged by politicians.”
Sejm Election Does Not Equal Office Assumption
Święczkowski explained in an interview with “Rzeczpospolita” why he is not allowing the four judges properly elected by the Sejm to begin work. He stated that, according to the Act on the Status of Constitutional Tribunal Judges, the employment relationship of a Tribunal judge arises after taking the oath before the President of the Republic of Poland.
The Constitutional Tribunal has previously ruled that election by the Sejm is not equivalent to assuming office. Even the Sejm itself, in one case before the Tribunal, stated that its resolution on the election of a Constitutional Tribunal judge only grants the elected person a mandate to perform the function, but does not formally make them a judge.
Labor Court Jurisdiction Rejected
Asked about the possibility of a labor court deciding on the status of the four judges whose oaths were not accepted by the President, Święczkowski responded that he respects binding and lawful court rulings. However, he asserted that common courts have no jurisdiction to rule on the validity of a Constitutional Tribunal judge’s oath, and therefore, on the existence of an employment relationship, and any such lawsuit would be dismissed.
Constitutional Reset Requires Major Amendment
Święczkowski added that “the only body that can confirm the validity of the oath is the President, and only this fact determines the establishment of the employment relationship of a Constitutional Tribunal judge.” He clarified that according to the Tribunal’s jurisprudence, “only the President appears as the competent body to receive the oath.”
Regarding the possibility of a “reset” of the Tribunal – a complete renewal of its composition – Święczkowski stated that this “must take place in accordance with the supreme law of the Republic of Poland.” He explained that the only way to achieve this is through a significant amendment to the constitution, as current regulations render the judges irremovable and the Tribunal must continue to fulfill its constitutional duties.