A dispute has arisen in Poland over the swearing-in of Constitutional Tribunal judges, with the President inviting only some of the six newly elected members.
Selection of Judges and Appeal to the President
On March 13th, the Sejm (Polish Parliament) elected six judges to the Constitutional Tribunal. On March 25th, the newly elected judges sent a letter to the President requesting notification of a possible date for their oath-taking ceremony in his presence. They stated they were prepared to take the oath in another form if the President’s schedule did not allow for a meeting.
Current Vacancies in the Constitutional Tribunal
Currently, there are six vacancies in the Constitutional Tribunal, leaving it with nine judges out of a possible fifteen. The terms of judges Andrzej Zielonacki (June) and Justyn Piskorski (September) will expire in 2026.
Constitutionalist’s Position
Professor Marek Chmaj, a constitutional law expert, stated on Tuesday that the President is obligated to invite the Constitutional Tribunal judges to the oath-taking ceremony. He emphasized that the Constitution stipulates judges become judges upon election by the Sejm, but their term begins with the oath before the President.
Chmaj added that the President cannot refuse to accept the oath and that the oath-taking is a symbolic, ceremonial act that should take place in the President’s presence. He suggested that if the President does not invite the judges, they will have to submit the oath in writing to the President’s office.
Chmaj speculated that the President’s selective invitations might be due to a busy schedule. He also noted that even the President is not above the law.
KPRP’s Position
Zbigniew Bogucki, head of the Chancellery of the Sejm (KPRP), stated on Tuesday that the law clearly states that candidates for Constitutional Tribunal judges take the oath before the President, meaning in his presence, not through letters or legal maneuvers. He described any attempt to circumvent this as a “brutal and brazen disregard for the law.”
Bogucki added that all state organs must operate within the bounds of the law, and the law explicitly states the oath is taken before the President of the Republic of Poland.
Political Reactions
Katarzyna Pełczyńska-Nałęcz, head of Polska 2050 RP and Minister of Funds and Regional Policy, reacted to the information about the invitations, stating that the President is attempting to divide the coalition by swearing in only two of the six judges nominated by PSL and Polska2050. She asserted that all six judges elected by the Sejm should be seated on the Tribunal.
Prime Minister Donald Tusk stated during a press conference that he was not surprised by the President’s actions but assured that they would find a way for the judges to begin their work.
Expert Opinions
Professor Marcin Matczak of the University of Warsaw stated on X (formerly Twitter) that Karol Nawrocki (the President) is usurping the right to decide who will serve as a judge on the Constitutional Tribunal, which he considers a violation of the Constitution and grounds for impeachment. He emphasized that the Constitution does not give the President any role in appointing Constitutional Tribunal judges, and the 2015 ruling of the Tribunal clearly states the President must promptly take the oath from all judges.
Newly Elected Constitutional Tribunal Judges
The newly elected judges of the Constitutional Tribunal, chosen on March 13th, are Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska, Dariusz Szostek, and Magdalena Bentkowska.
According to the Act on the Status of Constitutional Tribunal Judges, the oath taken before the President of the Republic of Poland reads: “I solemnly swear to faithfully serve the Nation in the performance of my duties as a Judge of the Constitutional Tribunal, to uphold the Constitution, and to discharge my duties impartially and with the utmost diligence.” The oath may be taken with the addition of the phrase “So help me God.”
