Four Constitutional Tribunal judges invited President Karol Nawrocki to the Sejm for an oath-taking ceremony on April 9th, after he refused to administer it at the Presidential Palace.
Judges Seek Oath-Taking at Sejm
Four Constitutional Tribunal judges – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – invited President Karol Nawrocki to the Sejm on Thursday, April 9th, at 12:30 PM to administer their oaths of office.
The judges stated they previously requested an oath-taking appointment at the Presidential Palace but received no response. President Nawrocki had previously sworn in two other judges elected at the same time: Magdalena Bentkowska and Dariusz Szostek.
Government Condemns Planned Ceremony
Minister Błaszczak announced intentions to file a criminal complaint, labeling the Sejm event a “pseudo-oath-taking” and asserting that participants would be breaking the law.
Błaszczak also stated that Sejm Speaker Włodzimierz Czarzasty would also be violating the law and vowed to pursue legal action, despite anticipating inaction from the Chief Prosecutor (Waldemar Żurek).
Judges Assert Duty to Serve
On April 7th, the four judges sent letters to the Presidential Office asserting their “duty to immediately begin” their service as Constitutional Tribunal judges. They emphasized the fundamental importance of a functioning Tribunal for protecting citizens’ constitutional rights.
Legal Basis for Oath-Taking
Judge Taborowski expressed hope that the President would accept the invitation. He clarified that even without the President’s physical presence, the oath could be administered according to law, representing the office rather than requiring the individual’s attendance.
Polish law stipulates that a judge-elect must take the oath before the President within 30 days of their election.
Constitutional Tribunal Vacancies and Disputes
Zbigniew Bogucki, Head of the Presidential Office for Legal Affairs, explained in March that two vacancies existed in the Constitutional Tribunal during President Nawrocki’s term, and swearing in two judges fulfilled the legal requirement of 11 members.
Bogucki also stated that the Presidential Office is reviewing the cases of the remaining four judges due to alleged “serious procedural and constitutional deficiencies” during their selection by the parliamentary majority.
When the Sejm elected the judges, there were six vacancies, leaving the Tribunal with nine judges out of fifteen positions. With the recent oath-takings, the Tribunal will have eleven judges, though the current government does not recognize Justyna Piskorska and Jarosław Wyrembak as legitimate members, as reflected in a recent Sejm resolution.