PiS MEP Piotr Müller suggested amending the Polish constitution to prevent former and current politicians from serving as Constitutional Tribunal judges, despite previously voting for their appointments.
New Tribunal Dispute Rekindles “Constitutional Reset” Debate
In March, the Sejm elected six new Constitutional Tribunal judges, but President Karol Nawrocki only administered the oath of office to two: Magdalena Bentkowska and Dariusz Szostek. Ministers from the KPRP (Presidential Office) cited ongoing analyses regarding the remaining four candidates, alleging procedural errors during the Sejm vote.
When invitations for the remaining judges – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurdy, and Anna Korwin-Piotrowska – failed to materialize, the six newly elected members took their oaths in the Sejm’s Column Hall, stating they did so “before the President.” Documents were also submitted to the President’s Chancellery.
Oath Validity Questioned, Criminal Complaint Filed
However, Tribunal President Bogdan Święczkowski stated that taking the oath in this manner is insufficient for assuming office, and only the two judges sworn in at the Presidential Palace could begin work. A criminal complaint was filed by Bentkowska and Szostka regarding the failure to establish employment relationships with the remaining selected judges.
Müller Supports Constitutional Amendment
The renewed dispute surrounding the Constitutional Tribunal has revived the debate over a “constitutional reset.” This proposal has been raised by politicians from the Polish People’s Party and the Confederation. PiS MEP Piotr Müller, speaking on Radio ZET, stated he wouldn’t dismiss the idea, calling it “worth discussing.”
Call for Ban on Former Politicians on Tribunal
Müller proposed adding a constitutional provision prohibiting the appointment of former or current politicians to the Constitutional Tribunal. He suggested a minimum 10-year cooling-off period for former lawmakers. “Let’s write it into the constitution to avoid such temptations in the future,” he added.
Acknowledging Past Appointments
When questioned about the appointments of Krystyna Pawłowicz and Stanisław Piotrowicz, Müller declined to comment on those specific individuals, stating, “You can’t change the past, you can influence the future.” He reiterated his support for a constitutional ban to prevent similar situations.
Müller’s Previous Vote
Stanisław Piotrowicz and Krystyna Pawłowicz were elected as Constitutional Tribunal judges by the Sejm on November 21, 2019, with 230 votes from PiS. Piotr Müller also voted in favor of their appointments.
Background on Pawłowicz and Piotrowicz
Krystyna Pawłowicz served as a PiS MP from 2011-2019, and was a member of the National Council of the Judiciary, participating in Sejm committees on justice, human rights, constitutional responsibility, and European Union affairs. She also served in the State Tribunal. Stanisław Piotrowicz previously worked as a prosecutor during the PRL era and served as a PiS Senator from 2005-2011, followed by a term as a PiS MP from 2011-2019.