Poland’s President Karol Nawrocki has so far invited only two of six newly elected Constitutional Tribunal judges to a swearing-in ceremony, prompting debate.
Professor Chmaj: President’s Duty
Professor Marek Chmaj argues there is no basis to view the partial invitation as a constitutional dispute, suggesting the President may invite the remaining judges later.
Chmaj emphasizes the President is obligated to accept the oath of office and that delaying the ceremony for some judges does not necessarily block their terms.
Oath Can Be Taken in Writing
According to Professor Chmaj, the law does not specify whether the oath must be taken orally, meaning those not invited to the ceremony could swear in at the Presidential Chancellery in writing.
President Does Not Issue Official Act
Chmaj points out the President does not issue an official act during the swearing-in process, meaning he cannot refuse to accept the oath or reject it.
This distinction, he argues, suggests the matter is more technical than political.
Tusk: Judges Will Take Oath Regardless
Prime Minister Donald Tusk stated that the judges will find a way to begin their work, despite the limited initial invitations.
Tusk reiterated that the elected judges will take the oath regardless of the President’s actions.
Tribunal Seats Remain Vacant
Currently, nine of the fifteen seats on the Constitutional Tribunal are filled, leaving six positions vacant. The Sejm elected the missing judges on March 13th, all nominated by the ruling coalition.
