Magdalena Bentkowska and Dariusz Szostek were sworn in as Constitutional Tribunal judges on Wednesday, sparking debate over the remaining appointments.
Selection of Constitutional Tribunal Judges and Karol Nawrocki’s Decision
The Sejm selected six candidates for positions as judges of the Constitutional Tribunal: Magdalena Bentkowska, Dariusz Szostek, Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska. However, only two received invitations to take the oath of office.
Dariusz Szostek had previously indicated that, according to his knowledge, the president planned to swear in only a portion of the selected individuals. He also stated that, according to the constitution, the president should administer the oath to all duly elected judges.
The Swearing-In Ceremony
A partial swearing-in of new Constitutional Tribunal judges took place on Wednesday at the Presidential Palace. President Karol Nawrocki decided to administer the oath only to selected individuals indicated by the Sejm, immediately triggering political and legal reactions.
The event occurred before noon but was not broadcast or widely reported by the media—the ceremony took place without cameras. Judge Magdalena Bentkowska first announced the oath, confirming she had fulfilled her constitutional obligation.
Szostek’s Participation and Timing
Dariusz Szostek, before entering the Presidential Palace, explained his decision to attend the ceremony, stating that if invited, one should come and take the oath. He emphasized he would not comment on political disputes or evaluate the head of state’s decision.
Szostek indicated that assuming duties at the Constitutional Tribunal would occur after the holidays. He did not confirm whether he would go to the TK headquarters immediately after the swearing-in but declared his readiness to start work soon.
Implications for the Tribunal’s Functioning
Karol Nawrocki’s decision leaves the process of filling positions at the Constitutional Tribunal incomplete, maintaining uncertainty regarding the sufficient composition of the body and its ability to function fully. The number of active judges is crucial for the Tribunal’s operation, requiring adequate staffing for full-panel rulings.
The lack of swearing-in for the remaining Sejm-selected individuals could lead to further legal disputes regarding the legitimacy of the Tribunal and the validity of its rulings, marking another stage in the long-running conflict over the procedures for selecting and appointing TK judges.