Poland’s President Karol Nawrocki swore in only two of six judges elected by the Sejm, prompting accusations of exceeding his constitutional authority.
Sejm Elects New Constitutional Tribunal Members
On March 13th, the Sejm elected six members to fill vacancies in the Constitutional Tribunal: Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska, Magdalena Bentkowska, and Dariusz Szostek.
Presidential Oath Administration Limited to Two
President Karol Nawrocki administered the oath of office on April 1st to only two of the elected judges: Bentkowska and Szostek.
Prosecutor General Accuses President of Usurpation
Prosecutor General Żurek criticized the President’s actions, stating he was selecting judges “like on a goalpost,” and asserting the Sejm’s constitutional authority to choose the Tribunal’s members. Żurek argued the President’s selective oath administration was an overreach of power, potentially undermining the rule of law.
Sejm Defends Judicial Selection Process
The Sejm’s Chancellery emphasized that the President’s role is solely to administer the oath to judges elected by the Sejm, and that the head of state has no authority to assess the validity of the Sejm’s choices.
Presidential Office Cites Prior Parliamentary Inaction
Zbigniew Bogucki, Head of the Presidential Chancellery, claimed the previous parliamentary majority deliberately delayed electing judges to attempt to dismantle the Constitutional Tribunal. He alleged this was a calculated effort to cripple the Tribunal’s operations.
Sejm Rebuts Claims of Deliberate Delay
The Sejm responded that no eligible entity submitted a motion to elect judges, including the current opposition. They also noted that the term of judge Leon Kieres expired in 2021, and Bogdan Święczkowski was elected to replace him in 2022, a selection the President did not initially contest.
Sejm Highlights Past Practices of Simultaneous Appointments
The Sejm pointed out that the previous PiS-led government appointed five Constitutional Tribunal judges in a single day in 2015, including appointments to already filled positions, and similar practices occurred in subsequent years.
Sejm Challenges Presidential Reasoning
The Sejm’s Chancellery argued the President’s justification – that only two mandates were vacant during his term – was legally unsound and could prevent filling positions vacated during previous presidencies.
“Extra-legal Reasoning” Claimed
Bogucki argued the Sejm did not adhere to the principle of individual appointments as outlined in Article 194 of the constitution when electing the six judges.