Poland’s Presidential Office has raised “serious doubts” regarding the recent election of six Constitutional Tribunal judges by the Sejm, prompting a request for clarification from the Speaker.
Presidential Office Seeks Explanation from Sejm Speaker
On Friday, the Sejm elected six judges to the Constitutional Tribunal: Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska, Dariusz Szostek, and Magdalena Bentkowska. These candidates were formally nominated by the Sejm Presidium, effectively by the ruling coalition clubs.
The PiS club nominated Artur Kostowski and Michał Skwarzyński. The appointment process concludes with the President administering the oath of office. Concerns have arisen regarding whether President Karol Nawrocki will do so, recalling a similar situation in 2015 when Andrzej Duda appointed judges selected by PiS instead of those properly elected by the then-Sejm.
Justice Minister Appeals for Constitutional Compliance
Justice Minister Waldemar Żurek appealed to the President on Friday to “not attempt to break the constitution” and administer the oath to the six Constitutional Tribunal judges, stating the ministry has a “Plan B” if he refuses. On Monday, Zbigniew Bogucki, Head of the Presidential Chancellery, stated the recent election of Constitutional Tribunal judges raises doubts and announced he would seek clarification from the Sejm Speaker.
Bogucki alleges the ruling coalition was confused regarding deadlines, regulations, and procedures.
Concerns Over Procedural Irregularities
Bogucki formally wrote to Sejm Speaker Włodzimierz Czarzasty regarding the Constitutional Tribunal judge election, stating the analysis of the appointment process raises “very serious doubts” about its compliance with both the Sejm’s regulations and constitutional standards.
Specific concerns include potential violations of Article 194(1) of the Constitution and Article 30(3)(1) of the Sejm’s Rules of Procedure due to missed deadlines for submitting candidacies, and a lack of procedural fairness by not presenting all candidates to parliamentarians.
Presidential Office Cites Potential Paralysis of Tribunal
Bogucki requested explanations from the Speaker regarding the exact dates candidates were nominated for each vacant position, the reasons for deviating from the principle of individual terms for Constitutional Tribunal judges as outlined in Article 194(1) of the Constitution, and the reasons for missing the deadline specified in Article 30(3)(1) of the Sejm’s Rules of Procedure.
He questioned the justification for departing from the rule in Article 30(3)(1), noting the government and parliamentary majority failed to elect judges for over a year despite no obstacles. Bogucki stated the President believes the government and coalition are intentionally paralyzing and destroying the Constitutional Tribunal.
Sejm Speaker Defends Election Procedure
Włodzimierz Czarzasty responded on Wednesday morning, stating the procedural issues surrounding the election of Constitutional Tribunal judges were clarified in a statement published on the Sejm’s website, asserting the judges were elected in accordance with procedures. He noted that each candidate was voted on individually, and a judge’s term begins on the date of election by the Sejm.
PiS Challenges Election’s Constitutionality
PiS parliamentarians are challenging the constitutionality of the election, arguing that electing six judges simultaneously violates the Constitution. They believe judges should be elected at different times to reflect the expiration of previous terms. PiS submitted a motion to the Constitutional Tribunal in February questioning the constitutionality of the law governing the election of Constitutional Tribunal judges. The Tribunal adjourned the hearing indefinitely on Tuesday and requested a written statement from President Karol Nawrocki.
