A dispute has arisen in Poland over the oath-taking of Constitutional Tribunal judges, with the President questioning oaths taken in the Sejm and referring the matter to the Tribunal.
President Questions Sejm Oath-Taking
President Karol Nawrocki has challenged the oath-taking of judges in the Sejm, referring the matter to the Constitutional Tribunal. Presidential Chief of Staff Zbigniew Bogucki announced on Tuesday that a request for a ruling on the jurisdictional dispute regarding the oath-taking of judges in the Sejm had been submitted to the Tribunal on Monday.
The President firmly believes the oath-taking process in the Sejm is flawed. Bogucki emphasized the President’s “absolute, unambiguous, and categorical opinion” on the matter, stating that four of the six judges selected by the Sejm in March did not take their oath before the President, which he deems essential.
Concerns Over Judge Integrity
Beyond the procedural issue, the President also expressed “serious doubts about the integrity” of the four judges who took their oath in the Sejm, alleging they attempted to circumvent the law by falsely claiming to swear allegiance to the President. Bogucki had foreshadowed this referral to the Constitutional Tribunal in early April.
Ceremonial Chaos and Divided Groups
The controversy centers around the selection of six Constitutional Tribunal judges by the Sejm on March 13th. While two of the selected judges took their oath at the Presidential Palace at the President’s invitation, the situation of the remaining four was under review due to alleged errors in the Sejm proceedings.
Subsequently, on April 9th, the four judges swore their oath in the Sejm’s Column Hall, stating they were doing so “before the President.” The two judges who had already sworn allegiance to the President also repeated their oath. All judges then submitted written oaths to the President’s Chancellery.
Judges Assume and Await Positions
Dariusz Szostek and Magdalena Bentkowska assumed their positions at the Constitutional Tribunal on the same day. However, Tribunal President Bogdan Święczkowski stated that Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska had not taken office, as their oath-taking in the Sejm was not recognized as valid “before the President.” The four judges have requested permission from the Tribunal President to perform their duties.
Prosecutorial Investigation Launched
A prosecutorial investigation was initiated last week by the National Prosecutor’s Office regarding the alleged obstruction of the four judges’ ability to rule. Spokesperson Anna Adamiak stated the investigation stemmed from evidence gathered during a verification procedure prompted by Prosecutor General Waldemar Żurek and a complaint filed by Bentkowska and Szostek.
Żurek ordered an investigation into KPRP employees suspected of advising President Nawrocki against accepting the oaths from the Sejm-selected judges. Bentkowska and Szostek’s complaint alleged a failure to establish employment relationships with the remaining judges.
President Refrains From Commenting Before Tribunal Ruling
The Constitutional Tribunal is also reviewing a February request from PiS lawmakers challenging the procedures for selecting Constitutional Tribunal judges by the Sejm. A further hearing is scheduled for March 12th, after the Tribunal requested a written statement from the President.
The President’s response, delivered through KPRP Chief of Staff Zbigniew Bogucki on April 20th, emphasized the need to de-escalate tensions surrounding constitutional disputes and create conditions for the Tribunal to function effectively. Consequently, the President has chosen to refrain from presenting a statement that could be perceived as fueling the ongoing political conflict.
