President Karol Nawrocki swore in only two of six newly elected Constitutional Tribunal judges on Wednesday, prompting criticism and a delayed position statement.
President’s Position Awaits “After the Holidays”
On Wednesday, April 1st, President Karol Nawrocki administered the oath of office to only two of the six newly elected judges of the Constitutional Tribunal: Magdalena Bentkowska and Dariusz Szostek. Krystian Markiewicz, Anna Korwin-Piotrowska, Maciej Taborowski, and Marcin Dziurda, elected by the Sejm in March, are still awaiting their swearing-in.
The President’s position regarding the Tribunal is expected “after the holidays,” according to a presidential spokesperson.
Constitutional Concerns Raised
The President is currently analyzing alleged constitutional violations related to the selection process, the spokesperson stated. The Constitutional Tribunal previously requested the President’s stance on the selection procedure by April 17th, following the initial swearing-in of the two judges.
The spokesperson indicated the President’s position would be forthcoming, stating, “I think very quickly. After the holidays.” This followed a conference by Presidential Minister Zbigniew Bogucki, who raised doubts about the selection process.
“Tusk and the Governing Majority Acted Unconstitutionally”
The Head of the Presidential Chancellery asserted that President Nawrocki based his decision on an assessment of the candidates’ backgrounds and documentation, which he claimed the Sejm did not do. He noted that the Constitutional Tribunal currently has only nine judges, falling short of the constitutional requirement of 15, and the minimum of 11 for a full panel.
Delay Blamed on Previous Government Inaction
The problem arose because the previous government did not select judges for the Constitutional Tribunal for a year and a half, according to the spokesperson. The President invited the selected judges considering their scientific, legal, and professional experience. While acknowledging the qualifications of the other candidates, the President chose these two based on the way the governing parties presented the candidates in packages tied to specific vacancies.
The spokesperson criticized the narrative that the President is acting unconstitutionally by not accepting the oaths, arguing that it was, in fact, Donald Tusk and the governing majority who acted unconstitutionally from December 2024 onward regarding this matter.
Critical Commentary
Agnieszka Kublik for Wyborcza.pl wrote that the President intends to violate the oath he swore to uphold.