Polish President Invites Two Constitutional Tribunal Judges to Inauguration, Prompting Opposition Response

President Nawrocki invited two of six newly elected Constitutional Tribunal judges to an inauguration ceremony, sparking commentary from Prime Minister Tusk and concerns from other elected judges.

Presidential Invitations and Initial Reactions

Dariusz Szostek, elected as a Constitutional Tribunal judge in mid-March, confirmed receiving an invitation to a Wednesday inauguration at the Presidential Palace. Magdalena Bentkowska, another elected judge, also received an invitation, according to Szostek’s knowledge. TVN and TOK FM reporter Maciej Kluczka previously reported the invitations.

Szostek stated that assessing the President’s decisions is not a judge’s role, emphasizing the President’s constitutional obligation to swear in all properly elected Constitutional Tribunal judges.

Selection Process and Concerns Over Partial Inauguration

The Sejm elected six Constitutional Tribunal judges on March 13th, including Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska, Dariusz Szostek, and Magdalena Bentkowska. The invitation extended to only two of the six has raised questions.

Prime Minister Donald Tusk responded to the limited invitations with a statement expressing no surprise, but assuring that a way would be found for all elected judges to begin their work.

Response from Uninvited Judges and Ongoing Correspondence

The remaining four elected judges expressed a belief that the partial invitations represent an attempt to differentiate between them.

Presidential aide Marcin Przydacz stated the President is analyzing the situation and that correspondence is ongoing between the Presidential and Sejm Chancellories, citing concerns about the legality of the judge selection process.

Sejm’s Position and Potential Next Steps

According to Sejm Vice-Marshal Piotr Zgorzelski, the previously scheduled Monday inauguration is no longer current. He suggested allowing the President time to respond to a letter from the Sejm Speaker, with “other steps” to be considered if no response is received.

Zgorzelski noted the President’s role is largely formal and ceremonial in this process.

Government Stance and KPRP Response

Prime Minister Tusk previously stated the President has no discretion regarding the swearing-in of the elected judges, asserting they were duly elected and will take the oath.

The Presidential Chancellery requested clarification from the Sejm Speaker regarding the judge selection process. Włodzimierz Czarzasty declined to engage in further debate, appealing to the President to proceed with the inauguration. The elected judges also appealed to the President to announce a date for their swearing-in.

Analysis: A Political Maneuver?

Commentary suggests the selective invitations are part of a broader strategy by President Nawrocki, potentially ensuring the Tribunal can operate with the required 11-member panel and complicating arguments against paying salaries or publishing rulings.

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