Poland’s Sejm has elected six Constitutional Tribunal judges, prompting debate over whether President Karol Nawrocki will administer their oaths of office.
Constitutional Tribunal Judge Selection and Public Opinion
A SW Research poll for Rp.pl surveyed respondents on whether President Karol Nawrocki should administer the oath of office to the Constitutional Tribunal judges elected by the current Sejm. 50.4% answered affirmatively, while 22.1% believe the President should not accept the oath, and 27.5% were undecided.
The survey was conducted among 800 adult users of the SWPanel online panel between March 17-18. The sample was selected using a random-quota method, and its structure was adjusted using analytical weighting to reflect the structure of Poles over 18 years of age based on key characteristics related to the research topic. Socio-demographic variables were considered in the weighting process.
Sejm’s Election of Judges and Opposition Concerns
On Friday, the Sejm elected six judges to the Constitutional Tribunal – all candidates formally nominated by the Sejm Presidium, effectively by the ruling coalition’s parliamentary clubs. PiS lawmakers are challenging the constitutionality of Friday’s election, arguing it violates the constitution, including the election of six judges at once. They contend judges should be elected at different times as individual terms expire.
Presidential Office Raises Doubts, Sejm Defends Process
Zbigniew Bogucki, Head of the Presidential Chancellery, sent a letter to Sejm Speaker Włodzimierz Czarzasty asserting that “the analysis of the appointment process raises very serious doubts.” The Sejm Chancellery responded in a Tuesday statement, affirming that the Sejm elected the Constitutional Tribunal judges in accordance with procedures. Each candidate was individually voted on, and the start date of a Constitutional Tribunal judge’s term is determined by the date of election by the Sejm.
Legal Experts Weigh In on Oath-Taking
Professor Jacek Barcik of Wyborcza.pl writes that individuals elected by the Sejm on March 13, 2026, are legally valid Constitutional Tribunal judges, and their swearing-in is merely ceremonial.
The Nature of the Oath of Office
Professor Ewa Łętowska stated, “Constitutional Tribunal judges do not swear an oath to the President, but before him.” According to the Act on the Constitutional Tribunal, “a person elected to the position of a Constitutional Tribunal judge shall take an oath before the President of the Republic of Poland within 30 days of the date of election.”
Alternative Oath-Taking Proposals
Professor Łętowska suggested that the new Constitutional Tribunal judges could take their oath before members of the Sejm and Senate. She proposed a joint session of both parliamentary chambers, arguing that this would represent the highest authority in the state and the nation itself.
Historical Context of the Tribunal Dispute
The dispute surrounding the Constitutional Tribunal dates back to October 8, 2015, when the Sejm of the VII term – primarily through the votes of the then-ruling PO-PSL coalition – elected five new Constitutional Tribunal judges: Roman Hauser, Andrzej Jakubecki, Bronisław Sitko, Andrzej Sokala, and Krzysztof Ślebzak. They were intended to succeed three judges whose terms were ending on November 6 and two whose terms were ending in December 2015, during the next parliamentary term.
On November 25, 2015, the Sejm of the new, VIII term, where PiS held a majority, passed resolutions declaring the election of the Constitutional Tribunal judges from October 8 invalid. On December 2, the Sejm elected Julia Przyłębska, Piotr Pszczółkowski, Henryk Cioch, Lech Morawski, and Mariusz Muszyński as Constitutional Tribunal judges, nominated by PiS. The last three succeeded judges whose terms expired in November.
On December 3, 2015, the Constitutional Tribunal – then presided over by Andrzej Rzepliński – ruled that the Sejm of the VII term had elected two Constitutional Tribunal judges in violation of the constitution (in positions whose terms ended in December); the election of the remaining three (in positions whose terms ended in November) was consistent with the constitution. The Tribunal also ruled that the President had an obligation to “immediately” administer the oath of office to each newly elected judge.
This opened the main axis of the dispute over the filling of three judgeships in the Constitutional Tribunal and the occupation of these positions by individuals referred to by the then-opposition, and now the ruling coalition, as well as some lawyers, as three “duplicate judges” occupying positions previously properly filled. In this context, Judge Mariusz Muszyński, who retired after his term ended in 2024, as well as Justyn Piskorski and Jarosław Wyrembak, elected to replace the late Henryk Cioch and Lech Morawski, were indicated.
