Six new Constitutional Tribunal judges were selected by the Polish Sejm, prompting a dispute with President Nawrocki over the swearing-in ceremony’s location and legality.
Sejm Selects Constitutional Tribunal Judges
On March 13th, the Sejm elected six new judges to the Constitutional Tribunal: Professors Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Dariusz Szostek, along with Dr. Magdalena Bentkowska and Judge Anna Korwin-Piotrowska.
President Karol Nawrocki swore in Professors Szostek and Dr. Bentkowska last week. The remaining four, not receiving an invitation from the President, decided to take their oath in the Sejm.
Swearing-In Ceremony Scheduled for Sejm
The swearing-in of Judges Markiewicz, Dziurda, Taborowski, and Korwin-Piotrowska is scheduled for Thursday at 12:30 PM in the Column Hall of the Sejm. Attendees will include Sejm and Senate Marshals Włodzimierz Czarzasty and Małgorzata Kidawa-Błońska, Vice-Marshals, and former Presidents of the Constitutional Tribunal.
President Nawrocki is unlikely to attend. Judges Bentkowska and Szostek are expected to be present.
PiS Alleges “Attempted Coup” and Announces Legal Action
The planned ceremony has sparked significant controversy. Law and Justice (PiS) announced it will file a complaint with the prosecutor’s office regarding potential abuse of power for personal gain by the four newly elected judges.
Marcin Warchoł, a former Deputy Minister of Justice, stated that the event represents a blatant overreach of authority, emphasizing that judges must operate within the bounds of the law.
PiS Claims Power Grab, Cites Existing Investigation
PiS characterized the event as an “attempted coup” and announced a complaint to the prosecutor’s office. The complaint will also allege a crime under Article 128, paragraph 3, concerning coercion of a constitutional body.
Warchoł further asserted that this constitutes an attempted forceful change of the constitutional order, referencing an existing investigation initiated by the President of the Constitutional Tribunal, Bogdan Święczkowski, concerning a “coup d’état” against the Tribunal itself.
Judges Await Collective Swearing-In
Judges Bentkowska and Szostek, already fully appointed, have not yet appeared at the Constitutional Tribunal headquarters in Warsaw. Senator Krzysztof Kwiatkowski suggests they are awaiting the swearing-in of the remaining four.
Kwiatkowski expressed his belief that all six judges will soon begin their work, advocating for a collective start.
Coalition Divisions and Precedent
While most members of the ruling coalition support the judges’ decision to swear their oath in the Sejm, some express reservations, suggesting they should have waited for a potential invitation from the President. They fear the event will escalate the conflict surrounding the Tribunal.
Others within the coalition point to a similar situation over a decade ago, when three Constitutional Tribunal judges selected by the PO-PSL coalition were not invited by President Duda to take their oath, leading to the selection of “replacement” judges.
President Considers Response, PiS Warns of “Constitutional Delict”
President Nawrocki had not made a decision by Wednesday regarding the swearing-in of the four judges. His office stated the situation was under analysis.
The President’s office warned that any alternative form of swearing-in would be considered a “constitutional delict” and a “serious crime.”
Legal Consequences of Sejm Swearing-In
Bartosz Lewandowski, a lawyer associated with PiS, believes the Sejm swearing-in could have further legal consequences, potentially being interpreted as a resignation from office under the law governing Constitutional Tribunal judges.
