A dispute has arisen in Poland over the swearing-in of Constitutional Tribunal judges, with some opting to take their oaths before Parliament instead of the President.
Presidential Spokesperson on the Swearing-In Controversy
Presidential spokesperson Rafał Leśkiewicz stated that the events in the Sejm were “mocking” and a violation of law and custom. He noted that the law stipulates judges should swear their oaths “before the President.”
Leśkiewicz pointed out that while two judges swore oaths before the President, the President did not state whether he would accept oaths from the remaining four. He asserted that the four judges “couldn’t handle the pressure” and swore their oaths before the Sejm Speaker after two weeks, an act he deemed legally invalid.
Timeline of Events
In reality, the judges waited nearly a month – from March 13th to April 9th – to take their oaths.
President Nawrocki’s Response
President Karol Nawrocki stated that the swearing-in of the remaining judges would have occurred “with certainty” if not for the “circus” in the Sejm. He indicated that concerns about the selection process applied to all six chosen judges.
Nawrocki explained he had to consider the views of the 11 existing Constitutional Tribunal judges to ensure the institution’s functionality, given that the Tribunal had only 9 judges out of 15 positions before the Sejm’s selection of six new judges. The full Tribunal requires a minimum of 11 judges.
The President also clarified he never said he would refuse to accept the oaths from the remaining four judges, labeling their actions as “rash.”
Sejm Swearing-In and Subsequent Actions
On March 13th, the Sejm selected six Constitutional Tribunal judges. Two of those selected – Dariusz Szostek and Magdalena Bentkowska – swore their oaths before President Karol Nawrocki on April 1st. The KPRP (Prosecutor General’s Office) stated they were analyzing the situation of the remaining four.
On April 9th, during a ceremony in the Sejm’s Column Hall, the four remaining judges – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska – swore their oaths, stating they were doing so “before the President.” The initial two judges also repeated their oaths. They then submitted written oaths to the President’s Chancellery.
Prezes TK’s Position and Judges’ Appeal
Constitutional Tribunal President Bogdan Święczkowski stated on TV Trwam that the four judges did not assume office because the events in the Sejm could not be recognized as a valid swearing-in “before the President.”
Judge Krystian Markiewicz, one of the four who swore their oaths in the Sejm, informed that the judges had sent a letter to the President of the Constitutional Tribunal requesting he enable them to perform their duties. He emphasized that the judges “intend to show up for work.”
