The Polish Sejm will initiate the process of selecting a new Constitutional Tribunal judge within the next two weeks, as one judge’s term expires.
Sejm to Launch Judge Selection Process
The Speaker of the Sejm, Włodzimierz Czarzasty, announced on Monday that the procedure for selecting a new Constitutional Tribunal judge will begin within the next two weeks. The current judge, Andrzej Zielonacki, will complete his term in June.
Previous Judge Appointments and Disputes
In March, the Sejm elected six Constitutional Tribunal judges. Currently, with 15 judicial positions, the Tribunal has 9 individuals serving. Two of the six judges sworn in at the Presidential Palace following President Karol Nawrocki’s invitations.
Representatives of the Left party stated that the situation of the remaining four is under analysis, as the presidential chancellery alleges procedural errors occurred during the Sejm vote. On April 9th, these four judges took the oath in the Sejm Column Hall, stating they did so “before the President,” and two previously sworn-in judges repeated the oath.
Judges Assume Office, Others Remain in Dispute
Dariusz Szostek and Magdalena Bentkowska have already assumed their positions at the Constitutional Tribunal. Tribunal President Bogdan Święczkowski stated that Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska have not taken office, as their oath-taking in the Sejm cannot be recognized as an oath “before the President.”
Speaker Czarzasty’s Remarks on the Situation
When questioned about the four judges not permitted to work at the Tribunal, Czarzasty stated they “will manage.” He cautioned against political interference in the Tribunal and the judiciary, asserting that the six newly elected judges will “restore order.”
Upcoming Competition and Tribunal Shift
Czarzasty announced that a competition for the next judge will be launched within “two weeks.” He predicted a “breakthrough” in the Constitutional Tribunal, anticipating President Święczkowski will “find his proper place,” which is not leading the Tribunal.
Judge Zielonacki’s Term Ending
Andrzej Zielonacki’s term as a Constitutional Tribunal judge will conclude on June 28th, according to the Tribunal’s website.
Constitutional Tribunal Judge Selection Process
Judges of the Constitutional Tribunal are individually selected by the Sejm for nine-year terms, requiring an absolute majority vote with at least half of the statutory number of MPs present. The Sejm’s regulations require at least 50 MPs or the Sejm Presidium to submit nominations for a judge.
Minister Berek on Presidential Actions and Past Disputes
Minister Maciej Berek, responsible for overseeing the implementation of government policy, stated that President Nawrocki’s refusal to administer the oath to the four judges selected by the Sejm is “taking advantage of the bad legacy left by President Andrzej Duda.”
Berek recalled that in 2015, President Duda did not administer the oath to three properly elected judges, an unprecedented event in Polish history, where the President ignored his constitutional obligation.
Historical Context: 2015 Tribunal Crisis
On October 8, 2015, the VII Sejm elected five new Constitutional Tribunal judges, primarily with the votes of the then-governing PO-PSL coalition. These judges were intended to replace three whose terms ended in November and two whose terms ended in December. On November 25, 2015, the new VIII Sejm, with a PiS majority, passed resolutions declaring the October 8th election of the judges invalid. On December 2nd, the Sejm elected Julia Przyłębska, Piotr Pszczółkowski, Henryk Cioch, Lech Morawski, and Mariusz Muszyński as judges.
Tribunal Ruling and Duda’s Response
On December 3, 2015, the Constitutional Tribunal, then led by Andrzej Rzepliński, ruled that the Sejm VII had elected two judges in violation of the constitution (replacing those whose terms ended in December), while the election of the remaining three (replacing those whose terms ended in November) was constitutional. President Duda, however, did not administer the oath to those three judges, but did so for the five elected on December 2nd.
Accountability and Potential Legal Action
Regarding the fact that Andrzej Duda “did not face the State Tribunal” for his actions, Berek stated that accountability before the State Tribunal may also apply to politicians who leave office. He suggested the matter is not yet settled and that a motion to bring Duda before the Tribunal could be considered. He emphasized that violating the constitution was “obvious” at the time.
Nawrocki’s Motives and Legal Recourse
Berek believes President Nawrocki’s request to the Constitutional Tribunal for a ruling on the oath-taking dispute aims to “freeze the matter in the Tribunal for as long as possible” to prevent the judges elected by the Sejm from functioning.
Judges’ Planned Legal Action
Berek added that determining whether someone is properly treated as a judge is the responsibility of other entities, not the Tribunal President. He noted that the judges elected by the Sejm plan to pursue all available legal remedies, including potential labor court action, and that obstructing a public official from performing their duties is a crime. Anna Korwin-Piotrowska confirmed plans to file a lawsuit and report to work.