Poland’s Prosecutor General has launched a criminal investigation into advisors of President Karol Nawrocki regarding the swearing-in of Constitutional Tribunal judges.
Constitutional Tribunal Crisis Deepens
Poland is facing a growing crisis surrounding the Constitutional Tribunal (TK) as the Prosecutor General, Waldemar Żurek, announced the initiation of a criminal investigation. The probe targets employees of the President’s Chancellery who allegedly advised President Nawrocki against administering the oath of office to judges selected by the Sejm (Parliament).
Dispute Over Judge Oaths Escalates
The investigation stems from a situation where four Constitutional Tribunal judges, unable to receive their oaths from the President, took them last Thursday in the Sejm, in the presence of a notary. Żurek stated he expects these individuals to pursue all legal avenues to begin their duties.
Potential Dereliction of Duty Alleged
Żurek indicated that the President, as well as officials and advisors within his Chancellery, may have failed to fulfill their obligations. He specifically mentioned publicly identified representatives of the President’s Chancellery and potentially others who advised against administering the oaths.
President’s Decision Deemed Unlawful
The Prosecutor General asserted that President Nawrocki’s decision to swear in only two of the six individuals elected as Constitutional Tribunal judges was unlawful and inconsistent with the Constitution. He criticized the President for selectively choosing judges based on personal preference.
Tribunal Head’s Actions Questioned
Żurek also criticized the actions of Constitutional Tribunal President Bogdan Święczkowski, who linked the assumption of duties by the appointed judges to the President’s decision. He argued that judgeship is based on legal procedures and parliamentary elections, not presidential directives, and noted the contested nature of Święczkowski’s own appointment.
Judges Take Oaths in Parliament
Last Thursday, six Constitutional Tribunal judges elected by the Sejm in March took their oaths in a ceremony held in the Sejm. This group included judges Dariusz Szostek and Magdalena Bentkowska, who had previously been sworn in by President Nawrocki, as well as Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska.
President Refuses to Recognize Parliamentary Swearing-In
Zbigniew Bogucki, Head of the President’s Chancellery, stated that President Nawrocki does not recognize the swearing-in ceremony held in the Sejm. President Święczkowski confirmed that only the two judges sworn in before the President have assumed office, and he cannot assign cases or offices to the remaining four until the President confirms they have taken their oaths.
Judges Gain Access to Tribunal, Limited Facilities
On Friday afternoon, all six judges again entered the Constitutional Tribunal building. Judge Markiewicz reported that they were granted access and provided with adequate conditions, although only the two judges sworn in by the President were assigned offices. The names of Bentkowska and Szostek have been added to the list of Constitutional Tribunal judges on the Tribunal’s website.
Judges Request Full Functioning Rights
Judge Markiewicz stated that the judges have submitted a letter to President Święczkowski requesting the ability to fully perform their judicial duties. He confirmed that Dziurda, Taborowski, and Korwin-Piotrowska also submitted similar requests.
Legal Framework for Oath-Taking
According to Article 4, Section 1 of the Act on the Status of Constitutional Tribunal Judges, a person elected to the position of judge must take an oath before the President of the Republic of Poland. Refusal to take the oath is considered a resignation from the position.