The Polish Presidential Office has requested explanations from the Sejm regarding procedural doubts surrounding the recent election of Constitutional Tribunal judges.
Presidential Office Requests Explanation from Sejm
Today, a letter from Minister Bogucki will be sent to the Marshal of the Sejm, as announced during a press conference on Monday. The letter requests clarification on several doubts concerning the procedure for electing Constitutional Tribunal judges during the recent Sejm session, according to Presidential Spokesperson Rafał Leśkiewicz.
Response to Sejm’s Request
This is a response from the President’s Chancellery to a letter sent on Wednesday by Sejm Marshal Włodzimierz Czarzasty, requesting the President to “immediately take action to enable individuals elected by the Sejm to assume the mandate of a Constitutional Tribunal judge.”
Concerns Raised by the Presidential Office
Minister Bogucki stated on Monday that the recent selection of Constitutional Tribunal judges raises doubts and that he would request clarification from the Marshal of the Sejm, no later than Tuesday. According to the Head of the President’s Chancellery, the ruling coalition has become confused regarding deadlines, regulations, and everything else.
Dispute Over Oath of Office
The Sejm elected six Constitutional Tribunal judges on Friday – all candidates formally nominated by the Sejm Presidium and, in effect, by the ruling coalition’s parliamentary clubs. Justice Minister Waldemar Żurek immediately appealed to the President not to “attempt to break the constitution” and to administer the oath of office to the six judges. He announced that the ministry has a “Plan B” if the President refuses to administer the oaths.
Constitutional and Legal Framework
According to the Constitution, “The Constitutional Tribunal shall consist of 15 judges, individually appointed by the Sejm for a term of 9 years from among persons distinguished by their legal expertise,” and “re-election to the composition of the Tribunal is inadmissible.”
The 2016 Act on the Status of Constitutional Tribunal Judges, passed during the PiS government, stipulates that “a person elected to the position of a Constitutional Tribunal judge shall take an oath before the President of the Republic of Poland.”
Rejection of Alternative Oath Procedures
Bogucki was asked during Monday’s press conference whether the President had made a decision regarding the oath of office and for details on Żurek’s “Plan B.” The Head of the President’s Chancellery said that the Minister of Justice “is becoming a specialist in Plan B.” He stated that “Plan B” is a plan of lawlessness, because either there is a plan consistent with the Polish constitution, or a plan of lawlessness.
He added that the idea of individuals elected as Constitutional Tribunal judges taking the oath 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 indicated as candidates for Constitutional Tribunal judges swear the oath before the President.
Procedural Errors Alleged
Bogucki pointed to Article 30, paragraph 3 of the Sejm’s regulations, suggesting that the deadline for submitting candidacies was not met. 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 the delivery of documents concerning candidacies to MPs and the conduct of the vote. Finally, he pointed to a violation of the standard of procedural fairness by not presenting MPs with one of the nominated candidates.
The Head of the President’s Chancellery assessed these as critical procedural errors.
Sejm Defends Election Procedure
In a Tuesday statement, the Sejm Chancellery emphasized that the Sejm elected the Constitutional Tribunal judges in accordance with procedures. It was noted that each candidate for Constitutional Tribunal judge was subjected to an individual vote, and the start of a judge’s term on the Constitutional Tribunal is determined by the date of election by the Sejm.