Polish prosecutors have launched an investigation into the appointment of four Constitutional Tribunal judges, focusing on alleged obstruction of their taking office.
Investigation Launched into Constitutional Tribunal Judges
The National Prosecutor’s Office has initiated an investigation concerning the failure to allow four judges of the Constitutional Tribunal to assume their duties, announced prosecutor Anna Adamiak, spokesperson for the Attorney General.
The investigation concerns judges selected by the Sejm in March.
Basis for the Investigation
According to prosecutor Adamiak, the investigation was prompted by evidence gathered during a verification procedure initiated on April 13th, following a notification of suspected criminal activity submitted by Constitutional Tribunal judges Magdalena Bentkowska and Dariusz Szostek.
Allegations Against Presidential Staff
Last week, Prosecutor General Żurek announced he had instructed prosecutors to open a criminal investigation, including against staff of the President’s Chancellery who advised President Karol Nawrocki against administering the oath of office to the Sejm-selected judges. He suggested the President, officials, and advisors may have failed to fulfill their duties.
Judges’ Complaint of Obstruction
On Friday, judges Bentkowska and Szostek filed a notification alleging a crime against the administration of justice, claiming the failure to establish employment relationships with the remaining four selected judges constituted an offense. They cited the non-establishment of employment relationships, lack of signed documents, and failure to assign cases as evidence of obstruction.
Scope of the Investigation
Prosecutor Adamiak confirmed the investigation encompasses two key areas: facilitating the President’s alleged failure to administer the oath to the four judges by fostering the belief that refusing to do so was lawful, and the alleged failure of officials within the Tribunal to fulfill their obligations.
The second area includes alleged “malicious and persistent violation of employee rights” by failing to provide the four judges with working conditions, remuneration, and case assignments commensurate with their office, effectively preventing them from exercising their judicial functions.
Justification for Investigation
Prosecutor Adamiak stated that the information obtained to date indicates a reasonable suspicion of criminal activity, justifying the initiation of proceedings under Article 303 of the Code of Criminal Procedure.
Background of the Dispute
On March 13th, the Sejm elected six Constitutional Tribunal judges, bringing the total number of judges to nine out of a possible fifteen. Two of the Sejm-selected judges took their oath of office at the Presidential Palace.
The Presidential Chancellery indicated it was reviewing the situation of the remaining four, citing potential procedural errors in the Sejm’s selection process.
Alternative Oath-Taking Ceremony
On April 9th, the four contested judges took their oath of office in the Sejm, stating they were doing so “before the President.” The two judges who had previously sworn oaths before the President also repeated the oath. All six judges then submitted written oaths to the President’s Chancellery.
Judges Assume Duties, Tribunal President’s Response
Judges Szostek and Bentkowska assumed their duties at the Tribunal on the same day. Tribunal President Bogdan Święczkowski stated the remaining four judges – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – had not assumed their duties, as he did not recognize the Sejm event as a valid oath “before the President.”
Markiewicz and the other three judges submitted a request to the Tribunal President to allow them to perform their duties.
Tribunal President’s Counter-Allegations
President Święczkowski expressed regret that, instead of protecting the rule of law, the judges had chosen to exacerbate constitutional chaos and paralyze the Tribunal. He also announced he would submit a notification to the prosecutor’s office regarding a potential false accusation of a crime by Bentkowska and Szostek, and initiate disciplinary proceedings against them.