President Karol Nawrocki swore in two judges appointed by the Sejm, triggering criticism from opposition parties alleging a breach of the Constitution.
Bogucki Explains Nawrocki’s Decision
Presidential Chief of Staff Bogucki defended President Nawrocki’s decision to administer the oath to Magdalena Bentkowska and Dariusz Szostek, stating it was based on an assessment of the candidates, their backgrounds, and submitted documents – a review he claimed the Sejm did not undertake.
The President’s decision and Bogucki’s explanation have prompted widespread commentary and controversy.
Opposition Accuses President of Constitutional Breach
Tomasz Trela of the Left party asserted that the President violated the Constitution and is subject to the jurisdiction of the State Tribunal. Krzysztof Śmiszek, a European Parliament member from the New Left, echoed this sentiment, invoking the State Tribunal.
Śmiszek dismissed Bogucki’s explanations as an April Fool’s joke, suggesting that if taken seriously, it warrants referral to the State Tribunal.
Government Responds, Vows to Reform Tribunal
Interior Minister Marcin Kierwiński stated that the previous government had turned the Constitutional Tribunal into a secretariat for Jarosław Kaczyński, promising to change this regardless of resistance. He noted that two new judges have already begun work, with the remaining judges expected to take their seats.
Siemoniak Criticizes Past Tribunal Functioning
Tomasz Siemoniak, Minister Coordinator of Special Services, argued that the Constitutional Tribunal should rule on the conformity of legal acts with the Constitution, not with the will of PiS leader Jarosław Kaczyński, stating that change is coming despite attempts at obstruction.
Presidential Justification: Tribunal’s Composition
Bogucki explained that one reason for the President’s decision was the question of how the Constitutional Tribunal should function, noting that it currently has only nine judges, while the constitutional composition requires fifteen, and a minimum of eleven according to current law.
He acknowledged that there is no decision yet regarding the remaining four individuals selected as Constitutional Tribunal judges, stating that the President is analyzing the matter.
Bogucki Criticizes Sejm’s Timing of Appointments
Bogucki criticized the Sejm for not specifying when the terms of the judges begin or for whom they are entering the Tribunal, stating that the nomination process should occur 30 days before the end of a judge’s term, not a year and three months after.
PiS Supports Presidential Decision
Michał Wójcik of PiS praised the President’s decision as responsible, upholding the Constitution and the continuity of the state, and urged the ruling majority to respect statutory deadlines.
PiS MP Criticizes Tusk’s Legal Counsel
Joanna Lichocka of PiS stated that Donald Tusk has worse legal counsel than PiS, and that there is only one Sigma (referencing a perceived legal expert).
Presidential Advisor Defends Decision
Błażej Poboży, an advisor to President Nawrocki, stated that the President’s responsible and state-focused decision enables the Constitutional Tribunal to function with the legally required composition, and expressed hope that the Tusk government will cease questioning the Tribunal’s role.
Senator Criticizes Presidential Overreach
Senator Kazimierz Ujazdowski criticized the President for not only applying the Constitution with ill intent but also for usurping a non-existent legal competence to control the Sejm’s resolution on the selection of Constitutional Tribunal judges, hindering the rebuilding of an independent Constitutional Tribunal.
Journalist Questions Legal Basis of President’s Actions
Journalist Patryk Michalski questioned the basis of President Nawrocki’s actions, criticizing Bogucki for not providing a legal foundation for the President’s decisions and for threatening criminal liability for those who take the oath in a different manner.