Poland’s Prosecutor General Waldemar Żurek has ordered a probe into advisors of President Karol Nawrocki following a dispute over the swearing-in of new Constitutional Tribunal judges.
Parliament Appoints New Constitutional Tribunal Judges
In March, parliament appointed six new judges to the Constitutional Tribunal: Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska, Dariusz Szostek, and Magdalena Bentkowska. On Thursday, April 9th, the newly elected judges took their oaths of office.
This group included Dariusz Szostek and Magdalena Bentkowska, who had previously taken their oaths before President Karol Nawrocki, along with the remaining four appointees. After submitting their written oaths to the Presidential Chancellery, the judges proceeded to the Constitutional Tribunal headquarters.
President Disavows Parliamentary Swearing-In
Zbigniew Bogucki, Head of the Presidential Chancellery, stated that President Karol Nawrocki does not recognize the parliamentary proceedings as a valid swearing-in of the Constitutional Tribunal judges. Tribunal President Bogdan Święczkowski subsequently announced at a briefing that two judges who swore their oaths before the President had assumed office, while the other four had not.
Święczkowski explained he could not acknowledge the four judges’ assumption of office because he had not been informed by the President that they had sworn their oaths. Consequently, he stated he was unable to assign them cases or designate offices.
Prosecutor General Orders Investigation
Waldemar Żurek announced on Monday, April 13th, that he expects the newly appointed judges to pursue “all legally possible avenues” to begin fulfilling their duties. He also asserted that the President, as well as officials and advisors within his office, may have failed to fulfill their obligations.
“Today, I made a decision. I instructed the prosecutor’s office to initiate proceedings against individuals who have publicly identified themselves. I am referring to representatives of the Presidential Chancellery, but perhaps also other individuals who advised the President not to accept the oaths,” the Prosecutor General stated.
President’s Decision Deemed Unlawful
Żurek emphasized that President Nawrocki’s decision to swear in only two of the six appointed judges was unlawful and unconstitutional. He criticized the President for selectively choosing whom to swear in based on personal preference, calling it a violation of the law.
He further described the actions of Tribunal President Bogdan Święczkowski, who tied his decision regarding the judges’ assumption of office to the President’s decision, as “absurd.” He stressed that judges are appointed based on law and properly conducted parliamentary elections, not presidential directives.
Żurek also noted that Święczkowski’s appointment as President of the Constitutional Tribunal is itself contested.
Reactions to Żurek’s Announcement
Marcin Przydacz, Head of the International Policy Bureau of the President, commented, “The worst moment for any politician is when they become laughable. Mr. Żurek crossed that line long ago.” He followed with a post in English questioning whether this was standard liberal democracy.
Sławomir Cenckiewicz, Head of the National Security Bureau, simply labeled Żurek a “comedian.” Maciej Wąsik added, “It’s funny and scary! But more funny.”
