Poland’s President Karol Nawrocki is facing accusations of overstepping his authority after partially refusing to swear in judges elected to the Constitutional Tribunal by the Sejm.
President Nawrocki Accused of Usurpation and Manipulation
Adam Bodnar explained that there are currently “seven legally elected judges whose terms have already been in effect for some time.” Additionally, there are two substitute judges whose selection is disputed due to past irregularities and rulings by the Court of Justice and the Strasbourg Tribunal.
Bodnar stated that President Nawrocki “is trying to manipulate, usurp power.” He questioned the logic behind swearing in only two individuals, arguing that the claim that only two terms had expired was unconvincing.
Sejm Demands President Swear in All Elected Judges
Bodnar emphasized that the President “must” administer the oath to all six judges elected by the Sejm. If he does not, a procedure will be initiated to fulfill the oath requirement.
Sejm Condemns President’s Actions as Usurpation
The Sejm Chancellery issued a statement asserting that the refusal to administer the oath to some of the elected judges constitutes a usurpation of power. The Sejm effectively elected six Constitutional Tribunal judges, all in the same legal situation, and refusing to swear in some of them has no legal basis.
Constitutional Basis for Sejm’s Authority
According to the Sejm Chancellery, the constitution grants the Sejm the power to elect Constitutional Tribunal judges, and the President’s role is limited to administering the oath. The President has no authority to assess the validity of the election. Refusing to administer the oath is unlawful and a usurpation of power.
Dispute Over Reasoning and Potential Obstruction
On Wednesday, Karol Nawrocki administered the oath to Magdalena Bentkowska and Dariusz Szostek, two of the six judges elected by the Sejm in March. The Presidential Chancellery justified this by stating that two vacancies existed in the Tribunal during Nawrocki’s term, and swearing in two individuals “fulfilled the statutory requirement.”
The Sejm Chancellery deemed this reasoning “not only legally incorrect but also leads to unacceptable consequences,” including the potential inability to fill the remaining four positions vacated during the previous presidency of Andrzej Duda. This situation, according to the Sejm Chancellery, creates an “obvious obstruction” of the Tribunal’s operations and “clearly” limits the Sejm’s legislative function without any legal basis.
Tribunal Composition and Unrecognized Judges
At the time the Sejm elected the judges, there were six vacancies in the Constitutional Tribunal, leaving it with nine judges out of a possible fifteen. After the swearing-in of the two judges, the Tribunal will have eleven members, although the current government does not recognize Justyna Piskorska and Jarosław Wyrembak as judges, as reflected in a recent Sejm resolution.