Poland’s President Karol Nawrocki has sworn in two of six judges elected by the Sejm, sparking debate over obligations and exceptions to oath-taking.
Presidential Discretion in Oath-Taking
The President is obligated to administer the oath to newly elected judges of the Constitutional Tribunal, except in extreme cases, such as if a selected individual lacks legal qualifications or the election process lacked a quorum, according to Constitutional Tribunal judge Jakub Stelina.
President Nawrocki swore in Dariusz Szostek and Magdalena Bentkowska on Wednesday, selected by the Sejm on March 13th. Zbigniew Bogucki, head of the President’s Office for Legal Affairs (KPRP), cited two vacancies within the Tribunal during Nawrocki’s term and the need to reach a full composition of 11 judges as reasons for only swearing in two judges.
Constitutional Tribunal Ruling and Presidential Authority
Bogucki noted that the President’s Office is analyzing the cases of the remaining four candidates, with no current decision made. He referenced a 2015 Constitutional Tribunal ruling stating the President should promptly administer the oath, but also cited the ruling’s acknowledgement that exceptional circumstances may necessitate prioritizing the supremacy of the constitution over immediate oath-taking.
Bogucki emphasized that only the President is legally obligated to administer the oath, rendering alternative methods, such as swearing-in before the Sejm Marshal, unlawful.
Conditions for Refusal or Delay of Oath-Taking
Judge Stelina explained that the President may refuse to administer the oath in extreme cases, such as the selection of a non-lawyer or a flawed election process lacking the required quorum.
Past Precedent and Ethical Concerns
Stelina recalled that the late President Lech Kaczyński delayed administering the oath to a candidate in 2006 due to post-election ethical concerns regarding their legal practice. Ultimately, Kaczyński administered the oath but the candidate subsequently resigned.
The case involved Judge Lidia Bagińska, selected in 2006 with the support of Samoobrona and LPR. Kaczyński initially delayed the oath but eventually administered it, as he determined he was legally obligated to do so.
Current Situation and Tribunal Composition
Stelina stressed the importance of the President resolving the oath-taking issue promptly, as the Tribunal currently operates with only 11 judges, falling short of its full complement. He believes a political dialogue is needed to resolve the situation, as legal arguments have taken a backseat to political considerations.
The six judges elected on March 13th include Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda (recommended by KO), Anna Korwin-Piotrowska (recommended by Lewica), Dariusz Szostek (recommended by Polska 2050), and Magdalena Bentkowska (recommended by PSL). The President has only sworn in Szostek and Bentkowska.
Bogucki acknowledged a degree of discretion in the selection process, noting the Sejm did not specify which vacancies each new judge would fill. The Tribunal had six vacancies before the election of the six judges.
