Four Constitutional Tribunal judges selected in March will swear their oaths in the Sejm on Thursday, defying President Nawrocki’s insistence on a presidential ceremony.
Judges Schedule Sejm Oath-Taking
Four judges elected to the Constitutional Tribunal (TK) in March – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – have invited President Karol Nawrocki to the Sejm for their oath-taking ceremony on Thursday at 12:30 PM. The judges stated they requested the ceremony be held at the Presidential Palace but received no response.
Presidential Office Raises Concerns Over Procedural Flaws
Last week, President Nawrocki accepted the oaths of two other judges elected in March – Magdalena Bentkowska and Dariusz Szostek. Zbigniew Bogucki, Head of the President’s Chancellery (KPRP), explained that two vacancies existed within the TK during Nawrocki’s term. Bogucki also stated that the KPRP is analyzing the situation of the remaining four judges due to “serious procedural and constitutional deficiencies” allegedly committed by the parliamentary majority, and currently holds no decision regarding their cases.
Bogucki: Oath Must Be Administered by President
Zbigniew Bogucki emphasized that the oath must be taken in the presence of the President. He stated that the law specifies the oath is taken “before” the President, meaning “in the presence of the President.”
Bogucki added that the law does not set a deadline for the President to accept the oath.
Refusal to Swear Before President Equates to Resignation
Regarding the planned oath-taking in the Sejm, Bogucki asserted that such an action lacks legal basis. He stated the law explicitly requires the oath to be taken before the President and cannot be replaced by a unilateral declaration or an event organized without the President’s involvement.
Bogucki warned that any action taken by the elected judges other than swearing the oath before the President would be considered a conscious and deliberate violation of the law and would impact any future consideration of administering their oaths.
He further stated that such a deliberate act contrary to the law should be treated as a refusal to take the oath, which, according to the law, is equivalent to resigning from the position of Constitutional Tribunal judge.
Constitutionalist: President’s Role is Ceremonial
Constitutional law expert Dr. Kamil Stępniak stated last week that the President’s role is purely ceremonial, limited to accepting the oath. He emphasized the President has no statutory or constitutional authority to assess or select judges appointed by the Sejm.
Stępniak also noted that the Constitution is silent on the President’s role in the appointment process of Constitutional Tribunal judges.
