Four judges selected in March will take their oaths in the Sejm on Thursday, despite the President’s refusal to attend, sparking a constitutional dispute.
President Won’t Attend Tribunal Oath-Taking
The President’s Chief of Staff, Zbigniew Bogucki, stated that the oath-taking ceremony for four Constitutional Tribunal judges will proceed without the President’s presence. Bogucki asserted that those who do not swear their oaths before the head of state are acting unconstitutionally.
Oath-Taking to Proceed Without Presidential Participation
Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska, the four judges chosen in March, invited President Karol Nawrocki to the Sejm on Thursday at 12:30 PM to witness their oath-taking. The ceremony will be attended by the Speaker of the Sejm, Włodzimierz Czarzasty, and former presidents of the Tribunal, with notarial certification of the oaths also planned.
Dispute Over the Meaning of “Before the President”
Bogucki emphasized that the four judges must take their oaths before the President, interpreting “wobec” (before) as meaning “in the presence of.” He questioned how the event would unfold without the President, suggesting it might be “before columns, before walls,” but certainly not before the President.
“Anti-Judges” if Oaths Taken Elsewhere, Claims Presidential Aide
According to Bogucki, if the four judges swear their oaths before anyone other than the President, they will be considered “anti-judges,” violating the constitution by disrespecting the President’s authority.
Coalition Aiming for Tribunal Majority, Says Presidential Staff
Bogucki alleged that the coalition intends to create a majority in the Tribunal that will rule according to the wishes of Donald Tusk.
Presidential Office Position and Further Steps
Presidential Spokesman Rafał Leśkiewicz stated that the event planned by the judges is not a legitimate oath-taking, as both the constitution and the law clearly state that judges swear their oaths “before the President of the Republic of Poland.” He clarified that “wobec” means “before” the President.
No Legal Force, Potential Offense, Warns Presidential Spokesman
Leśkiewicz asserted that the planned event will have no legal validity and could even constitute a crime, potentially violating Article 231 of the Penal Code regarding abuse of power by a public official.
Judges’ Invitation Deemed “Impertinent” by Presidential Office
Leśkiewicz criticized the judges for inviting the President to an event he should have been the one to organize, calling the action “impertinent” and stating that the Presidential Office does not take the invitation seriously.
President May Still Invite Judges to Swear Oaths
Leśkiewicz noted that the President has not ruled out inviting the four judges to take their oaths, adding that the Presidential Office is still analyzing the situation, including the vacancies they were chosen for and any potential political preferences.
Two Judges Already Sworn In
Last week, the President accepted the oaths of two other judges selected at the same time, Magdalena Bentkowska and Dariusz Szostek. Bogucki explained that this completed the legally required composition of 11 judges for the Tribunal.
Judges Demand Oath-Taking Date from President
Following the oath-taking of Bentkowska and Szostek, the four judges who did not receive an invitation from the President sent a letter to him requesting a date for their oath-taking, emphasizing their right to begin their duties.
Judges Assert Duty to Begin Service Immediately
PAP learned that on Wednesday, the Presidential Office received letters from the four judges stating their “duty to immediately begin” their judicial service, stressing the importance of a functioning Tribunal for protecting citizens’ rights and freedoms.
Judges Invite President to Sejm After Receiving No Response
The judges noted that they had twice requested a date for their oath-taking at the Presidential Palace, and, receiving no response, each invited the President to the Sejm to witness their oath, aiming to fulfill their obligations as judges.
Sejm Ceremony Details
The planned ceremony at 12:30 PM will be attended by the Speaker of the Sejm, Włodzimierz Czarzasty, and former presidents of the Constitutional Tribunal (excluding Andrzej Rzepliński due to personal reasons). Notarial certification of the oaths will also be part of the procedure, and the judges may proceed to the Tribunal headquarters afterward.
