The Presidential Chancellery is seeking clarification from the Sejm regarding doubts over the recent selection of Constitutional Tribunal judges, alleging procedural errors.
Presidential Office Raises Concerns Over Judge Selection
Zbigniew Bogucki, Head of the Presidential Chancellery, stated on Monday, March 16th, that the recent selection of Constitutional Tribunal judges raises doubts. He believes the ruling coalition has become disorganized in its procedures.
On Friday, the Sejm elected six judges to the Constitutional Tribunal, all candidates formally nominated by the Sejm Presidium and effectively by the ruling coalition’s parliamentary clubs.
Justice Minister Appeals for Presidential Compliance
Justice Minister Waldemar Żurek appealed to President Karol Nawrocki on Friday to “not attempt to break the constitution” and to administer the oath of office to the six newly elected Constitutional Tribunal judges. He announced that the ministry has a “Plan B” if the president refuses to do so.
“Plan B” Deemed Lawless by Presidential Aide
The Head of the President’s Office questioned President Nawrocki on Monday regarding the oath-taking of the judges and details of Minister Żurek’s “Plan B.” Bogucki stated that the Justice Minister “is becoming a specialist in Plan Bs.” He asserted that “Plan B” equates to a plan of lawlessness, arguing for adherence to the Polish constitution.
Alternative Oath-Taking Venue Lacks Legal Basis
Bogucki added that the idea of the newly elected Constitutional Tribunal judges taking their oath of office before a body other than the president, such as the National Assembly, has no legal basis. He emphasized that the law clearly states that those designated as candidates for Constitutional Tribunal judges swear their oath before the president.
Procedural Errors Alleged in Selection Process
Bogucki further stated that concerns have arisen regarding the manner in which the Constitutional Tribunal judges were selected. He pointed to Article 30, paragraph 3 of the Sejm’s regulations, suggesting that the deadline for submitting candidacies was not observed. He also cited a violation of Article 30, paragraph 4 of the Sejm’s regulations due to the failure to maintain a minimum seven-day period between delivering documents concerning the candidacies to members of parliament and conducting the vote.
Additionally, he highlighted a violation of the standard of procedural fairness by not presenting one of the nominated candidates to members of parliament.
Request for Clarification to be Sent to Sejm Speaker
Bogucki stated that, in his assessment, these are critical procedural errors. He announced that, on behalf of the president, he would request clarification on these issues from the Sejm Speaker, likely by Tuesday at the latest.
Ruling Coalition Accused of Hastiness
Bogucki stated that the ruling coalition “wanted to do it any way they could, just to elect their people.” He criticized their disorganization, missed deadlines, and disregard for regulations, claiming they “lost their way in everything they could lose their way in.”
Past Inaction on Appointments Criticized
The Presidential Minister pointed out that the current ruling parties had not selected candidates for Constitutional Tribunal judges for over two years, despite having the right to do so. He suggested this was intentional, to allow the Tribunal to remain inactive and avoid scrutiny.
Further Questions for Sejm Speaker Anticipated
Bogucki stated that specific questions will be directed to the Sejm Speaker. He added that further steps regarding the oath-taking will be considered once a response is received.
Selected Judges Announced
The Sejm elected Krystian Markiewicz, chair of the codification commission on the structure of the judiciary and prosecution at the Ministry of Justice; Maciej Taborowski, a professor at the Polish Academy of Sciences; Marcin Dziurda, a professor at the University of Warsaw; Anna Korwin-Piotrowska, president of the Regional Court in Opole; Dariusz Szostek, a professor at the University of Silesia; and Magdalena Bentkowska, an attorney.
PiS Candidates Unsuccessful, Challenge Legality
Two candidates nominated by the PiS club, Artur Kotowski and Michał Skwarzyński, did not receive sufficient support. PiS lawmakers are challenging the constitutionality of Friday’s election, arguing that the simultaneous election of six judges is a violation. They believe judges should be elected at different times as their terms expire. PiS lawmakers filed a motion with the Constitutional Tribunal in February questioning the constitutionality of the law governing the selection of Constitutional Tribunal judges, which the Tribunal will address on Tuesday, March 17th.
Dispute Over Effective Date of Judgeship
The timing of when an elected Constitutional Tribunal judge is considered to be in office is also a point of contention. Maciej Tomczykiewicz (KO) argued during Friday’s vote that the Sejm’s election is decisive, while the president’s oath-taking is merely a formality.