In Warsaw on Wednesday, President Karol Nawrocki swore in two of six judges elected to the Constitutional Tribunal, prompting debate over the fate of the remaining four.
Presidential Decision Sparks Controversy
On Wednesday, April 1st, Karol Nawrocki administered the oath of office to Dariusz Szostek and Magdalena Bentkowska, two of the six Constitutional Tribunal judges selected by the Sejm on March 13th. Krystian Markiewicz, Anna Korwin-Piotrowska, Maciej Taborowski, and Marcin Dziurda were not invited to the Presidential Palace.
Presidential Chief of Staff Zbigniew Bogucki stated that the situation regarding the remaining judges is “still being analyzed” by the head of state.
Potential Police Intervention Considered
Minister of Interior and Administration Marcin Kierwiński addressed the possibility of police assistance should the remaining four judges attempt to enter the Constitutional Tribunal. He indicated he could envision such a scenario, suggesting that those obstructing the judges’ work might “yield to the majesty of the state.”
Kierwiński added that police would enforce Polish law if any legal violations occur, as they have always done.
Government Anticipates Various Scenarios
Kierwiński stated that the remaining four judges should be sworn in soon, and several scenarios are being considered. These include taking the oath before the Sejm Marshal, the National Assembly, or submitting an oath sworn before a notary to the President.
He emphasized that all state institutions will act in accordance with the law in this matter.
Criticism of Presidential Actions
Kierwiński expressed hope that a blatant violation of Polish law would be avoided, even with his low opinion of President Święczkowski. He underscored that such situations were unimaginable under previous governments before the Law and Justice party.
He attributed the current situation to the extensive damage to the Polish state caused by PiS and now the President’s office.
Constitutional Expert Challenges Presidential Authority
Professor Marek Chmaj, a constitutional law expert, emphasized that the President has no right to choose which of the properly elected judges to administer the oath to. He pointed out that the constitution only stipulates that the Sejm elects Constitutional Tribunal judges for a nine-year term, and the President’s role is to enable them to take the oath, not to select candidates.
Chmaj argued that the President can analyze the situation but lacks the authority to accept or reject the oath based on personal discretion, as such a provision does not exist in the constitution.