Poland’s Ombudsman warns President Duda may face legal action if he continues to delay swearing in newly appointed Constitutional Tribunal judges.
Potential Legal Action Against Karol Nawrocki
Karol Nawrocki, the head of the President’s Chancellery, could face a lawsuit. The Ombudsman, Professor Marcin Wiącek, explains that a single decision by the President could be pivotal.
Professor Wiącek stated to Business Insider that the President has a constitutional obligation to administer the oath to the judges of the Constitutional Tribunal. Failure to act could trigger an unprecedented legal procedure.
Growing Pressure on Karol Nawrocki
The situation surrounding the six Constitutional Tribunal judges elected by the Sejm on March 13th is escalating, with Karol Nawrocki facing increasing legal pressure. Professor Wiącek emphasizes the legal clarity of the situation, asserting the President’s immediate obligation to administer the oath.
The Ombudsman cites a 2015 Constitutional Tribunal ruling, stating no extraordinary circumstances justify the President blocking the statutory procedure.
Complaint of Inaction: Nawrocki as Administrative Body?
A key element of the Ombudsman’s analysis is identifying a specific legal path that could impact the President’s Office. Professor Wiącek notes that Karol Nawrocki, when exercising statutory powers regarding the status of judges, functions as a public administration body.
This opens the door for judges to file a complaint of inaction with the administrative court, potentially damaging the President’s image and moving the political dispute to the courtroom, where Nawrocki’s delays would be assessed.
Judges Without Full Authority
Despite having a constitutional mandate, the newly elected judges cannot rule without the President’s signature. Professor Wiącek compares their status to MPs awaiting the first session of the Sejm – they are judges, but without the right to hold office.
The Ombudsman warns that if Karol Nawrocki does not set a date for the ceremony, any attempt at an “alternative” oath-taking will generate significant legal chaos, potentially invalidating any decisions made by these judges in Polish and international courts.
Risk of Strasbourg Ruling
The scenario of Karol Nawrocki ultimately refusing to swear in the judges has precedent. The Ombudsman recalls the case of Professor Krzysztof Ślebzak, whose oath was not administered by Andrzej Duda, leading to a complaint to the European Court of Human Rights.
According to Professor Wiącek, if Karol Nawrocki chooses a path of obstruction, Poland must expect further lost cases in Strasbourg. He stresses that the oath-taking stage should not be used by the President to review the Sejm’s resolutions, and the supremacy of the Constitution requires judges to assume their functions without undue delay.
Transition to Legal Argumentation
The conflict over the Constitutional Tribunal is entering a phase where political maneuvering is giving way to robust legal arguments. Professor Wiącek believes seeking political alternatives to the oath-taking is risky, and the only legal path is for the President to fulfill his role.
If Karol Nawrocki does not yield, the status of the judges and the validity of their future rulings will remain a “legal minefield” that will eventually be settled by the justice system.
