Six newly appointed Constitutional Tribunal judges took their oaths in the Sejm on Thursday, but President Święczkowski only recognized two, sparking a dispute over legitimacy.
Judges Sworn In, Recognition Disputed
Six judges elected to the Constitutional Tribunal in March took their oaths in the Sejm on Thursday, April 9th. President of the Tribunal, Bogdan Święczkowski, however, only recognized the oaths of two judges – Dariusz Szostek and Magdalena Bentkowska – who were previously sworn in at the Presidential Palace.
Święczkowski stated that the remaining four individuals had not taken office. Zbigniew Bogucki, head of the KPRP, explained that two vacancies existed during the President’s term and swearing in two judges fulfilled the legal requirement for a full, 11-member panel. Nine judges were seated in the Tribunal prior to the March election.
Constitutional Concerns Raised
Judge Krystian Markiewicz stated, “Yesterday we lifted the trampled constitution and are trying to restore its shine.” He explained that the judges wanted to take their oath in a traditional, ceremonial manner but did not receive a response.
Markiewicz also noted that President Święczkowski “expressed regret that such a situation occurred.” He questioned why the head of an independent body would await the President’s approval regarding the oath-taking.
Disagreement Over Oath Validity
Markiewicz emphasized that the Sejm is constitutionally responsible for selecting Constitutional Tribunal judges and that independent assessment is crucial. He reiterated that the judges are ready to begin their work.
He stated the judges sought a formal oath-taking ceremony but were not afforded the opportunity. Markiewicz also pointed out that the situation had persisted for nearly a month, not occurring immediately after the March elections.
Potential for Re-Swearing-In
Markiewicz denied that taking the oath was an act of impatience, stressing the President’s obligation to promptly accept the oath. He indicated he would be willing to re-swear before President Nawrocki if it would restore normalcy.
He clarified that the initial oath-taking was fully effective. Markiewicz also expressed willingness to engage in further discussions with the President or Tribunal administration if needed, but emphasized that his primary role is to adjudicate.
Impact on Tribunal Composition
Markiewicz questioned whether the two judges sworn in before the President should begin ruling, stating that a full panel is necessary for properly constituted chambers. He believes any chamber composition without all judges included would be flawed.
