Justice Minister Waldemar Żurek criticized President Duda’s decision to only swear in two of six judges selected by Parliament in March, calling it a potential constitutional breach.
Justice Minister Appeals Over Tribunal Judges
Waldemar Żurek addressed the President’s decision on Wednesday to accept oaths only from two of the six Constitutional Tribunal judges chosen by the Sejm on March 13th. Dariusz Szostek and Magdalena Bentkowska have taken their oaths, while the situation of the remaining four judges is “still under analysis.”
“The President cannot choose according to his own whim whom he wants to see in the Constitutional Tribunal. I therefore appeal to the President to invite the remaining four as soon as possible so that the Constitutional Tribunal can function properly. Otherwise, it will be a clear violation of the constitution,” Żurek stated.
The Minister also noted that if an invitation from the Presidential Palace does not arrive, the oath before the President will be taken in another form acceptable to the legal community. “We will not remain helpless, because the state cannot abdicate,” added the Minister of Justice.
Minister Żurek’s Satirical Response
Following the conference, Waldemar Żurek published a video on X, jokingly beginning with a search for “Zbyszek”: “Is Zbyszek here? No Zbyszek. Zbyszek is in Budapest. Oh, not that one. I mean mine. He’s not here either.”
The Minister then parodied the President’s actions, referencing the fact that Nawrocki indicated from whom he intended to receive the oath, despite knowing that six judges had been legally elected. “The [President] knows that the Sejm elected six judges of the Constitutional Tribunal. All judges were elected legally,” he reminded.
Criticism of Presidential Reasoning
Żurek further ridiculed the President’s reasoning, suggesting that he was randomly selecting judges’ names. “Maybe he was rolling a dice. Maybe he didn’t have advisors with him at the time. He chooses two people. This is a violation of the constitution, Mr. President,” the Minister said.
Judges Selected by the Sejm
In addition to Szostek and Bentkowska, the Sejm elected Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska to the Constitutional Tribunal in March.
Can the President Refuse to Administer the Oath?
Constitutional law expert Professor Marek Chmaj shares a similar assessment. In an interview with Gazeta.pl, he emphasized that the President has no right to choose from which of the properly elected judges by the Sejm to accept the oath.
The constitution, he noted, only states that the Sejm elects Constitutional Tribunal judges individually for a nine-year term, and the President’s role is to enable them to take the oath, not to select candidates. “Judges have a duty to take the oath before the President, and the President has a duty to invite them to take that oath,” Professor Chmaj pointed out.
