Poland’s Presidential Chief of Staff has formally questioned the legality of the recent selection of six Constitutional Tribunal judges by the Sejm, citing procedural irregularities.
Procedure Challenged by Presidential Office
Zbigniew Bogucki, head of the President’s Chancellery (KPRP), has sent a letter to the Speaker of the Sejm outlining serious doubts regarding the process used to appoint the Constitutional Tribunal judges, questioning its compliance with both the Sejm’s rules of procedure and constitutional standards.
The letter details concerns about potential violations of the Constitution and the Sejm’s regulations concerning candidate submission deadlines and procedural fairness, specifically the lack of presentation of all candidates to parliamentarians.
Parliament’s Selection and Justice Minister’s Response
On Friday, the Sejm elected six judges to the Constitutional Tribunal, all nominated by the Presidium of the Sejm and effectively by the ruling coalition. Following the vote, Justice Minister Waldemar Żurek urged the President not to obstruct the constitution and to administer the oath of office to the newly elected judges.
Żurek also stated that the ministry had a “Plan B” in case the President refused to administer the oaths.
Bogucki Details Concerns Over Timing and Transparency
Bogucki stated on Monday that the recent selection of Constitutional Tribunal judges raises doubts and that he would seek clarification from the Speaker of the Sejm. He alleges the ruling coalition struggled with deadlines, regulations, and proper procedure.
In a post on X (formerly Twitter), Bogucki detailed his concerns, attaching a copy of his letter to Speaker Włodzimierz Czarzasty.
Specific Allegations of Procedural Errors
Bogucki’s letter specifically cites potential violations of Article 194, paragraph 1 of the Constitution, in conjunction with Article 30, paragraph 3, point 1 of the Sejm’s rules of procedure, due to missed candidate submission deadlines. He also alleges a breach of procedural integrity by failing to present all candidates to members of parliament.
The KPRP chief emphasized that each of these alleged shortcomings requires urgent and thorough explanation.
Questions Posed to the Sejm Speaker
Bogucki requested the Speaker provide details on when each candidate was nominated, the reasons for deviating from the principle of individual terms for Constitutional Tribunal judges as outlined in Article 194, paragraph 1 of the Constitution, and the justification for missing the deadline specified in Article 30, paragraph 3, point 1 of the Sejm’s rules of procedure.
He further inquired why, despite having over a year and three months since the first vacancy, the government and parliamentary majority did not proceed with the selection of judges when there were no obstacles.
Bogucki stated the President believes the government and ruling coalition are deliberately paralyzing the Constitutional Tribunal and undermining the institution.
Final Question Regarding Voting Procedure
Bogucki’s final question to the Speaker concerns why a vote was held despite the fact that not all candidates were presented to parliamentarians.
He stated that the President’s future actions will depend on the explanations provided regarding these fundamental issues.
Sejm Speaker’s Response
Sejm Speaker Włodzimierz Czarzasty stated on Wednesday morning that the issues surrounding the procedure for selecting Constitutional Tribunal judges were clarified in a statement published on the Sejm’s website on Tuesday.
The Sejm’s Chancellery asserted in the statement that the judges were elected in accordance with established procedures, emphasizing that each candidate was individually voted on and that the start of a judge’s term is determined by the date of their election by the Sejm.
Opposition Challenges and Tribunal Delay
PiS (Law and Justice) lawmakers are challenging the constitutionality of Friday’s election, arguing that the simultaneous election of six judges is a violation. They contend that judges should be elected at different times to coincide with the expiration of individual terms.
PiS lawmakers filed a motion with the Constitutional Tribunal in February questioning the constitutionality of the law governing the selection of Constitutional Tribunal judges. The Tribunal has postponed the hearing indefinitely and requested a written statement from President Karol Nawrocki regarding the motion.
