New Constitutional Tribunal judges took their oath in Parliament after being excluded by the President, triggering a legal battle over their authority.
Judges Demand Access to Work
The newly appointed judges of the Constitutional Tribunal are demanding to be allowed to begin their duties. They formally submitted their oath to the Sejm (Parliament) on April 9th, after President Karol Nawrocki declined to invite them to a formal swearing-in ceremony on April 1st.
Tribunal President Bogdan Święczkowski stated he could not recognize the ceremony in the Sejm as a valid oath-taking. However, he confirmed that Magdalena Bentkowska and Dariusz Szostek, who swore their oaths before Nawrocki on April 1st, are authorized to start working at the TK.
Formal Protest and Documentation
Four judges submitted a formal letter to the Constitutional Tribunal headquarters on April 10th, asserting their right to begin work due to having taken the oath. They provided documentation confirming the submission of their oath to the President on April 9, 2026, and its receipt by the Presidential Chancellery.
Requests for Resources and Clarification
The judges requested the preparation of workspaces, access cards to the TK building, access to IT systems, assignment of cases, and other necessary arrangements for commencing their work. They also sought clarification regarding communication with the Presidential Chancellery, as mentioned by Święczkowski.
Specifically, they requested information about the content and legal basis of any potential correspondence from the Presidential Chancellery that would be a prerequisite for assuming their duties.
Political Clash Over Legitimacy
Sejm Marshal Włodzimierz Czarzasty argued that the President lacks the authority to assess the validity of the judges’ selection and that refusing to accept their oaths is legally unfounded, constituting an overreach of presidential power.
President Nawrocki, however, does not recognize the ceremony in the Sejm as a legitimate oath-taking, dismissing it as a “political farce” and “grotesque theater” according to Zbigniew Bogucki, head of the Presidential Chancellery.
Presidential Justification and Tribunal Referral
Bogucki explained that Nawrocki did not invite the four judges because the legal and constitutional implications of their appointment were still under analysis. He suggested the judges could have exercised patience.
The President has decided to refer the dispute to the Constitutional Tribunal itself for a ruling on the competency issue surrounding the oath-taking. Bogucki stated the Tribunal, with its 11 judges, is the appropriate body to resolve the matter.
