A recent poll reveals over 55% of Poles distrust the Constitutional Tribunal, fueled by a dispute over judicial appointments and oaths of office.
Distrust in the Constitutional Tribunal
A CBOS poll conducted for “DGP” between April 13-15 found that 55.7% of respondents either definitively or somewhat distrust the Constitutional Tribunal (TK). Conversely, 30.7% expressed definitive or moderate trust.
Lack of trust in the institution persists across the political spectrum, with nearly 60% of left- and center-leaning voters and 52.5% of right-wing voters expressing skepticism.
Regional Variations in Distrust
The highest level of distrust, reaching 61.9%, was recorded among residents of cities with populations exceeding 500,000.
Oath-Taking Dispute with Newly Elected Judges
In early April, President Andrzej Duda administered oaths to two of six judges elected by the Sejm in March – Magdalena Bentkowska and Dariusz Szostek – but refused to administer oaths to Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska.
The remaining six judges subsequently took their oaths in the Sejm, stating they were doing so “before the President,” and later submitted written oaths to the Chancellery of the President.
Presidential Challenge to Sejm Oath-Taking
Zbigniew Bogucki, head of the Presidential Chancellery, announced that President Karol Nawrocki would submit a dispute to the Constitutional Tribunal regarding the validity of the oath-taking ceremony in the Sejm, calling it a “farce.” He affirmed the President’s belief that the Sejm’s actions were improper.
Judicial Appointments and Status
Dariusz Szostek and Magdalena Bentkowska, who received their oaths from the President, have assumed their positions on the TK. However, TK President Bogdan Święczkowski stated that Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska have not taken office, as their Sejm oath-taking is not recognized as valid “before the President.”
Historical Context: Vacancies and Disputed Appointments
At the time of the Sejm’s judicial selections, there were six vacancies on the 15-member Constitutional Tribunal. The current government does not recognize Justyn Piskorski and Jarosław Wyrembak, who were appointed during the period of “dubler” appointments, as legitimate TK judges.
Origins of the Constitutional Crisis
On October 8, 2015, the Sejm of the VII term, primarily through the votes of the then-governing PO-PSL coalition, elected five new Constitutional Tribunal judges to fill vacancies arising in November and December.
Challenging the Previous Sejm’s Appointments
On November 25, 2015, the Sejm of the VIII term, with a majority held by PiS, passed resolutions declaring the October 8th judicial selections invalid. On December 2nd, the Sejm elected Julia Przyłębska, Piotr Pszczółkowski, Henryk Cioch, Lech Morawski, and Mariusz Muszyński as TK judges, nominated by PiS.
Constitutional Tribunal Ruling and Presidential Response
On December 3, 2015, the Constitutional Tribunal – then presided over by Andrzej Rzepliński – ruled that the Sejm of the VII term had improperly appointed two judges (filling positions expiring in December), while the appointment of the remaining three (filling positions expiring in November) was constitutional. President Andrzej Duda refused to administer oaths to the three judges deemed constitutionally appointed, but did so for the five elected on December 2nd.
