Polish President to Challenge Judges’ Oath Validity in Constitutional Tribunal

Poland’s President Karol Nawrocki will request a ruling from the Constitutional Tribunal regarding the legality of oaths taken by newly appointed judges in the Sejm.

Controversy Over Judges’ Oaths in the Sejm

The President’s Chief of Staff, Zbigniew Bogucki, announced that President Karol Nawrocki will submit a request to the Constitutional Tribunal this week to resolve a dispute over the competence regarding the swearing-in of Constitutional Tribunal judges in the Sejm.

Bogucki characterized the Sejm proceedings as a “farce” and questioned whether they could legitimately be considered a swearing-in ceremony.

President Acknowledges Potential Irregularities

Bogucki stated that the President is “fully aware” that the Sejm proceedings were improper, but is proceeding “along the path of the constitution” as a statesman.

He indicated that the President is awaiting the Tribunal’s decision regarding the validity of the oaths taken by four judges, acknowledging concerns about their “impeccable character” and whether they “chose a path inconsistent with the law.”

Criticism of Newly Appointed Judges

Bogucki further commented that some of the appointed judges were “strongly involved in politics” and had “crossed a certain level of absurdity.” He asserted that the President would not participate in such “farcical” events.

Constitutional Tribunal to Review Dispute

Constitutional Tribunal President Bogdan Święczkowski confirmed that the Tribunal will review the competence dispute if the President submits a request. He stated the Tribunal will determine whether the events in the Sejm had any legal significance and who is authorized to administer the oath to the President.

Święczkowski expressed confidence that the issues would be quickly clarified once a full panel of the Tribunal is convened, noting that the President has already sworn in two of the appointed judges, bringing the Tribunal’s total to 11 judges.

Request for Clarification from the President

The President of the Constitutional Tribunal also requested clarification from President Nawrocki regarding whether the events in the Sejm constituted an oath taken before the President.

Święczkowski assured that if the oaths are deemed valid, the judges will be allowed to begin their work at the Tribunal.

Background of the Appointments and Oaths

On March 13th, the Sejm elected six Constitutional Tribunal judges. Two of those elected took their oaths at the Presidential Palace at the President’s invitation. The Presidential Chancellery indicated that the situation of the remaining four was under analysis due to alleged errors in the Sejm proceedings.

On April 9th, the remaining four judges took their oaths in the Sejm’s Column Hall, stating they were doing so “before the President.” The two judges who had already sworn in before the President repeated their oaths. All judges then submitted written oaths to the President’s Chancellery.

Judges Assume Office, Others Await Ruling

Dariusz Szostek and Magdalena Bentkowska assumed their positions at the Constitutional Tribunal on the same day. However, Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska have not yet assumed their duties, as the events in the Sejm are not recognized as a valid oath “before the President.”

The four judges who have not taken office have submitted a request to the President of the Tribunal to allow them to perform their duties.

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