Krystian Markiewicz has resigned as a judge at the Katowice District Court after being selected for a position on Poland’s Constitutional Tribunal.
Judge Markiewicz Resigns District Court Position
Krystian Markiewicz, one of six judges selected by the Sejm for the Constitutional Tribunal but initially barred from taking office, announced on Thursday his resignation from his position as a judge at the Katowice District Court.
When questioned on Polish Radio Program Three, Markiewicz confirmed his resignation from the common court, stating, “Yes, I have resigned from the office of judge of the district court, the District Court in Katowice.”
Ensuring Transparency
Markiewicz stated he resigned “to remove any doubt and ensure everything is 100 percent clear.”
Additional Resignations
Last week, Markiewicz also announced his resignation from the chairmanship of the Commission for the Codification of Judicial and Prosecutor’s System, and as a member of the Program Council of the National School of Judiciary and Public Prosecution.
Differing Approaches to Resignations
Anna Korwin-Piotrowska, another Constitutional Tribunal appointee who was not initially allowed to take office, has indicated she will not resign her position in the common court. She argues that her position has “implicitly lapsed” with the “effective assumption” of her role as a Constitutional Tribunal judge.
Legal Basis for Non-Resignation
Korwin-Piotrowska cites Article 98, paragraph 2 of the Act on the Organization of Common Courts, arguing it does not apply to appointments to the Constitutional Tribunal, just as it doesn’t apply to appointments to the Supreme Court or the Supreme Administrative Court. She believes the Constitutional Tribunal’s organizational and systemic distinctiveness is comparable to that of the Supreme Court and the Supreme Administrative Court, and that judges appointed from common courts to these higher courts have not been required to resign their previous positions.
Obligation to Resign
The relevant article stipulates that individuals appointed, nominated, or elected to positions in state bodies, local government, the diplomatic service, or consular service are “obligated to immediately resign from their office, unless they retire.”
Selection and Oath-Taking Process
On March 13th, the Sejm selected six judges for the Constitutional Tribunal, bringing the total number of judges to nine out of a possible fifteen. Two of the appointees swore an oath at the Presidential Palace at the invitation of President Karol Nawrocki.
Representatives of the Civic Coalition (KPRP) stated that the situation of the remaining four judges was under analysis, as the Presidential Chancellery alleged procedural errors in the Sejm’s selection process.
On April 9th, the remaining four judges swore an oath in the Sejm’s Column Hall, stating they did so “before the President.” The two previously sworn-in judges also reaffirmed their oaths. All subsequently submitted written oaths to the President’s Office.
Presidential Recognition of Oaths
President Nawrocki only recognized the oaths of Dariusz Szostek and Magdalena Bentkowska, allowing them to assume their positions on the Constitutional Tribunal. The President of the Tribunal, Bogdan Święczkowski, stated that the remaining four – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – could not take office because the events in the Sejm could not be considered an oath “before the President.” Markiewicz and the other three judges subsequently submitted a letter to the President of the Tribunal requesting permission to perform their duties.
Criminal Investigation Launched
Prosecutor General Waldemar Żurek announced on Monday that he had instructed the prosecutor’s office to initiate a criminal investigation, including against employees of the Presidential Chancellery who, he claimed, advised President Nawrocki not to accept the oaths from the judges selected by the Sejm.
