Mariusz Błaszczak, a Polish minister, alleges that a planned oath-taking ceremony for Constitutional Tribunal judges orchestrated by a parliamentary speaker is unlawful and will prompt a criminal complaint.
Judges to Take Oath in Parliament Despite Presidential Absence
Four judges selected in March – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – have invited President Karol Nawrocki to the Sejm (Parliament) on Thursday at 12:30 PM to administer their oath of office. They state they requested the oath-taking at the Presidential Palace but received no response.
Last week, the President administered oaths to two other selected judges, Magdalena Bentkowska and Dariusz Szostek.
Escalating Dispute Over Tribunal Appointments
The dispute over the swearing-in of Constitutional Tribunal judges is intensifying, with accusations of legal violations from both sides.
Błaszczak Vows Legal Action
Mariusz Błaszczak stated on X (formerly Twitter) that those participating in the “happening” organized by Speaker Włodzimierz Czarzasty, believing it will make them Constitutional Tribunal judges, are breaking the law. He added that Czarzasty is also violating the law and that PiS will file a complaint with the prosecutor’s office.
Błaszczak expressed skepticism that the Chief Prosecutor, Waldemar Żurek, would take action, but emphasized PiS would remember the matter.
Judges Assert Duty to Serve
On April 7th, the four judges sent letters to the President stating they have a duty to immediately begin their service. They emphasized the fundamental importance of a properly functioning Constitutional Tribunal for protecting citizens’ constitutional rights and freedoms.
Oath-Taking Procedure and Vacancies
Judge Taborowski expressed hope the President would accept the invitation to the Sejm. If the President does not attend, the oath can be administered to the institution itself, according to the law. The law stipulates the oath must be taken before the President within 30 days of election.
Currently, there are six vacancies on the 15-member Constitutional Tribunal. With the recent oath-takings, the Tribunal will have 11 members, though the ruling coalition does not recognize Justyn Piskorski and Jarosław Wyrembak as legitimate judges, as reflected in a recent Sejm resolution.
KPRP’s Justification for Limited Oath-Takings
Zbigniew Bogucki, Head of the Presidential Chancellery (KPRP), explained in March that during President Nawrocki’s term, two vacancies arose in the Tribunal, and administering oaths to two individuals fulfilled the statutory requirement of 11 members. He also stated that the Presidential Chancellery is analyzing the situation of the remaining four selected judges due to alleged procedural and constitutional irregularities committed by the parliamentary majority.
