Two judges nominated by the Sejm took their oaths of office before the President of Poland on Wednesday, raising questions about the remaining four appointees.
President Confirms Oath-Taking and Explains Delay
Presidential Chief of Staff Zbigniew Bogucki confirmed that the oaths of office for the two judges were accepted by the President on Wednesday after noon. He stated the oath-taking was conducted in accordance with legal and constitutional order.
Bogucki emphasized that the individuals should immediately begin their judicial duties at the Tribunal.
Reasons for Partial Oath-Taking Explained
Bogucki explained that there are two primary reasons why the President only accepted oaths from two of the six individuals selected by the Sejm. First, he pointed to the timeline, noting the President was sworn in on August 6th, creating two vacancies in the Tribunal afterward.
Constitutional Tribunal’s Staffing Levels
The second reason, Bogucki stated, relates to the functioning of the Constitutional Tribunal. Currently, the Tribunal has only nine judges, while its constitutional composition requires fifteen. According to current law, a full Tribunal requires at least eleven judges.
Delayed Appointments Attributed to Attempt to Undermine Tribunal
Bogucki noted that vacancies in the Tribunal existed as early as December 2024, and that for over a year and three months, the constitutional obligation to fill them was deliberately ignored. He attributed this to an attempt by the parliamentary majority to destroy the Tribunal, impede its operations, and deprive it of its functionality.
Judge Szostek Questions Limited Invitations
Judge Dariusz Szostek stated that both he and Judge Bentkowska were honored to take their oaths before the President. He added that during a conversation with the President, he inquired about the remaining four judges and the reasons why only two of the six Sejm-selected judges were invited.
President Cites Existing Vacancies
According to Judge Szostek, the President responded that two positions had become vacant during his term, and therefore, only two individuals had been appointed at this time. Szostek noted he informed the President that a properly staffed Constitutional Tribunal consists of fifteen members, and expressed hope the President would administer the oath to the remaining judges.
Professor Chmaj: President Obligated to Invite Judges
Constitutional law expert Professor Marek Chmaj stated that the President is obligated to accept the oaths of office and cannot refuse. He clarified that delaying the oath-taking for some judges does not necessarily block their terms.
Chmaj emphasized that inviting the selected individuals to the oath-taking ceremony is the President’s duty. He also noted that the law does not specify whether the oath must be taken orally or in writing, suggesting that judges not invited to the ceremony could potentially submit their oaths in writing to the Presidential Chancellery.
Selection of Constitutional Tribunal Judges
The Sejm selected six Constitutional Tribunal judges on March 13th. Those selected were Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska, Dariusz Szostek, and Magdalena Bentkowska.
Legal Framework for Oath-Taking
According to the Act on the Status of Constitutional Tribunal Judges, individuals selected for the position of judge must take an oath before the President of Poland.