President Karol Nawrocki has challenged the oath-taking of Constitutional Tribunal judges by the Sejm, submitting a dispute to the Constitutional Tribunal on Wednesday.
President Nawrocki Files Competency Dispute
President Karol Nawrocki has filed a competency dispute with the Constitutional Tribunal (TK) regarding the oath-taking of Constitutional Tribunal judges in the Sejm. The President’s submission asserts that the actions taken in the Sejm did not legally establish the judges’ offices.
The President’s application, reference number Kpt 1/26, was published on the Constitutional Tribunal’s website on Wednesday. Zbigniew Bogucki, Head of the Presidential Chancellery, recently stated the application – announced in early April – was submitted to the TK on Monday.
Controversy Surrounding Judge Selection
The dispute centers on the selection of six Constitutional Tribunal judges by the Sejm on March 13th. Two of the selected judges subsequently took their oaths of office in the Presidential Palace at the President’s invitation. The Presidential Chancellery is reviewing the situation of the remaining four, citing procedural errors in the Sejm’s process.
On April 9th, the remaining four judges took their oaths in the Sejm’s Column Hall, stating they were doing so “before the President.” The initial two judges also reaffirmed their oaths. All six judges then submitted notarized written oaths to the Presidential Chancellery.
Who Has Assumed Office?
Dariusz Szostek and Magdalena Bentkowska assumed their positions on the same day. Constitutional Tribunal President Bogdan Święczkowski stated that Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska have not assumed office, as the Sejm proceedings are not recognized as a valid oath “before the President.”
President’s Argument: Role of the Sejm Marshal
The President’s filing argues the dispute concerns determining which state body is authorized to conduct and interpret the oath-taking ceremony. It emphasizes that the Sejm Marshal lacks the authority to replace the President in administering the oath unless explicitly permitted by law.
The filing states that the Sejm’s actions to legitimize an oath-taking in place of the President would circumvent constitutional provisions and create an extra-legal process for assuming office. The President requests the TK rule that the Sejm is not authorized to organize or legitimize actions replacing the statutory oath before the President and that the April 9th Sejm proceedings had no legal effect.
Prosecutorial Investigation and Judicial Actions
The National Prosecutor’s Office initiated an investigation last week regarding the exclusion of the four selected judges from participating in deliberations. This investigation was prompted by evidence gathered during a verification procedure initiated by Prosecutor General Waldemar Żurek and a complaint filed by Judges Bentkowska and Szostek.
Żurek ordered an investigation into KPRP employees who allegedly advised President Nawrocki not to accept the oaths from the Sejm-selected judges. Bentkowska and Szostek’s complaint alleges a crime related to the failure to establish employment relationships with the remaining judges.
Simultaneously, the Constitutional Tribunal is reviewing a February petition from PiS lawmakers challenging provisions of the law regarding the selection of Constitutional Tribunal judges by the Sejm. The next hearing in this case is scheduled for May 12th.
