Newly elected Polish Constitutional Tribunal judges may take their oath of office even without the President’s physical presence, according to legal experts.
Possibility of Oath Without Presidential Presence
Professor Andrzej Rychard assesses that newly elected judges of the Constitutional Tribunal can take their oath before the President even without his physical presence. He believes the President’s role in this procedure is purely ceremonial.
This raises questions about the significance of invitations extended only to a portion of the judges.
President’s Role in the Procedure
According to sociologist Professor Rychard, the President plays no actual role in the legal structure of appointing Constitutional Tribunal judges. He emphasizes that the act is not about accepting the oath, but rather the judges taking it.
He stated that even if the ceremony doesn’t occur, judges can still swear the oath before the President without his presence.
Political Implications of Presidential Decisions
Professor Rychard suggests that if the President intended to divide the judges to potentially hinder the functioning of the ruling coalition, it would not significantly alter the situation, as they are effectively Constitutional Tribunal judges once they take the oath.
Failing to take the oath would be the only circumstance preventing them from becoming judges.
Assessment of the President’s Decision
Expert President Karol Nawrocki, by inviting two Constitutional Tribunal judges to the Presidential Palace, is no longer emphasizing his objection to the legality of their election. He noted that two out of six were invited, despite all being elected in the same manner.
Professor Rychard added that even if the remaining four judges are not invited, it does not legally change the procedure, as it is not a two-way communication.
Potential Political Maneuvering
When asked if the decision to invite judges recommended by PSL and Polska 2050 could be part of a political game, Professor Rychard described it as a “low-level maneuver.”
He conceded the possibility of a political desire to differentiate within the ruling coalition, but considered it inappropriate given the seriousness of the situation.
Selection of Judges by the Sejm
The Sejm elected six Constitutional Tribunal judges on March 13th. Those selected included Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda (recommended by KO), Anna Korwin-Piotrowska (recommended by Lewica), Dariusz Szostek (recommended by Polska 2050), and Magdalena Bentkowska (recommended by PSL).
Confirmation and Procedural Concerns
Dariusz Szostek confirmed receiving an invitation to the Presidential Palace, as did Magdalena Bentkowska. He stated that it is not a judge’s role to evaluate the President’s decisions, emphasizing the President’s constitutional obligation to swear in all properly elected Constitutional Tribunal judges.
Doubts Regarding the Selection Procedure
Zbigniew Bogucki, the President’s Chief of Staff, requested explanations from Sejm Marshal Włodzimierz Czarzasty regarding the procedure for selecting the judges. He argued that the simultaneous election of six judges contradicts both the Constitution and Sejm practice.
Similar concerns were raised by Law and Justice (PiS) representatives in their appeal to the Constitutional Tribunal, which was postponed indefinitely. The Tribunal also requested a written statement from President Nawrocki on the matter.