Poland’s President Karol Nawrocki began swearing in newly appointed Constitutional Tribunal judges on Wednesday, despite objections from the previous ruling party.
Parliamentary Elections and Objections
The Sejm elected six judges to the 15-member Constitutional Tribunal on March 13th. Law and Justice (PiS) lawmakers are challenging the constitutionality of this decision, arguing that the selection process was flawed, specifically regarding the timing of appointments.
PiS contends that judges should be appointed at different times to coincide with the expiring terms of individual Constitutional Tribunal judges.
Judges Take Oath
Dariusz Szostek, selected as a Constitutional Tribunal judge nominated by Polska2050, confirmed on Tuesday that he received an invitation to the Presidential Palace for Wednesday. Magdalena Bentkowska, a lawyer nominated by the Polish People’s Party (PSL), also received a similar invitation.
Magdalena Bentkowska confirmed on Wednesday that she had taken the oath of office.
Constitutional Tribunal Composition
Dariusz Szostek stated before entering the Presidential Palace on Wednesday that, according to the constitution, the Constitutional Tribunal should have 15 judges, and any composition lacking that number is considered defective. He deferred questions about the swearing-in of other judges elected in March to the President’s Chancellery.
Szostek emphasized the importance of a fully staffed, 15-member Tribunal, stating that their election aimed to restore the Tribunal’s authority.
Presidential Justification and Opposition Criticism
Presidential Spokesman Rafał Leśkiewicz stated on Wednesday that the President was “ordering the situation in the Constitutional Tribunal as the highest representative of the Polish state and guardian of the constitution.” He criticized the previous government for failing to fill vacancies and pay judges’ salaries.
Accusations of Power Grab
Justice Minister and Prosecutor General Waldemar Żurek criticized President Nawrocki’s actions on Wednesday, accusing him of attempting to “usurp power” and assert control over judicial appointments. Żurek argued this was a mistake and part of a pattern of behavior by the President.
Żurek noted declining poll numbers for the President and suggested his actions were politically motivated.
Alternative Swearing-In Methods Considered
The newly elected judges had previously appealed to President Nawrocki to schedule their swearing-in, offering alternative methods if his schedule did not allow for a traditional ceremony, including swearing oaths before a notary or submitting written pledges.
Reports indicate the ruling majority is considering options to bypass the presidential swearing-in requirement, such as oaths before a notary, written pledges, or public ceremonies.
Judges Selected by the Sejm
On March 13th, the Sejm selected the following individuals for the Constitutional Tribunal:
Artur Kotowski and Michał Skwarzyński, nominated by PiS, did not receive parliamentary support.
