President Karol Nawrocki’s return from the U.S. is awaited as he decides whether to swear in six Constitutional Tribunal judges, prompting warnings from Prime Minister Tusk and Justice Minister Żurek.
Presidential Delay Fuels Conflict
President Karol Nawrocki is expected to announce a final decision regarding the swearing-in of six Constitutional Tribunal judges elected by the Sejm on March 13th, following his official visit to the U.S. However, the ruling coalition is signaling the end of negotiations on the matter.
The Ministry of Justice is preparing alternative scenarios to enable the judges to begin work even without the President’s participation. Presidential spokesperson Rafał Leśkiewicz stated the President’s position will be revealed upon his return from the United States, a delay increasing tensions within the parliamentary majority.
Dispute Over Judge Selection Process
The Presidential Chancellery officially challenges the validity of the judge selection process, requesting further legal clarification and suggesting procedural flaws. Sejm Marshal Włodzimierz Czarzasty fundamentally disagrees, deeming the matter procedurally closed and urging the President to “immediately administer the oath,” arguing the President lacks the authority to review the Sejm’s personnel decisions.
The six judges themselves have formally requested the President schedule a swearing-in ceremony, adding to the pressure.
Tusk and Żurek Demand Action
Prime Minister Donald Tusk has firmly stated the elected individuals are legally judges, implying the President’s signature is not required to validate their status. Justice Minister Waldemar Żurek echoes this sentiment.
Legal Arguments Favor Swearing-In
Minister Żurek argues that objections to the selection procedure are purely political and lack legal basis. He emphasizes that established constitutional practice views the presidential swearing-in as a ceremonial act, not a constitutive one—the Sejm selects the judges, and the President merely confirms this fact, lacking veto power.
Żurek asserts the judges were legally elected and should be able to assume their duties, stating there is no obstacle to the President administering the oath, even while abroad.
Alternative Scenarios Considered
If the President refuses to swear in the judges, the government is preparing alternative solutions, including the possibility of administering the oath before the National Assembly. However, Minister Żurek expresses skepticism about this approach.
He questions whether the current atmosphere in the Sejm—characterized by shouting and invective—is suitable for a solemn swearing-in ceremony and the rebuilding of the Tribunal.
Ensuring Institutional Functionality
The Ministry of Justice maintains that, having been validly elected and their terms having begun, the judges are entitled to perform their duties. Żurek stresses the importance of ensuring the functionality of the institution, stating a legally elected judge should have access to the Tribunal and begin work.
Żurek concluded by stating that the President should act with decency and respect the law.