Two judges of Poland’s Constitutional Tribunal took their oaths of office Wednesday, prompting questions about the remaining four selected by Parliament.
President Accepts Two Oaths
Presidential Chief of Staff Zbigniew Bogucki confirmed Wednesday after noon that the oaths of the two judges were accepted by the President.
Bogucki stated the oaths were taken in accordance with legal and constitutional order, and the individuals should immediately begin their judicial duties.
Reasons for Limited Swearing-In
Bogucki explained the President took oaths from only two individuals chosen by the Sejm due to timing and the state of the Tribunal. The President was sworn in on August 6th, after which two vacancies existed within the Constitutional Tribunal.
Constitutional Tribunal’s Current Composition
Bogucki noted the Constitutional Tribunal currently has only nine judges, falling short of the constitutionally mandated fifteen. The current law requires a minimum of eleven judges for a full Tribunal composition.
Deliberate Vacancies and Tribunal Functioning
Bogucki stated vacancies in the Tribunal originated in December 2024, and for over a year and three months, the constitutional obligation to fill them was deliberately ignored. He attributed this to a parliamentary majority’s attempt to dismantle the Tribunal and obstruct its operations.
President’s Compliance with Legal Requirements
Bogucki emphasized that the President is adhering to legal requirements, rejecting suggestions that judges could swear oaths before the National Assembly or in writing. He asserted that the oath must be taken before the President in person.
He warned that any attempt to circumvent this process would constitute a constitutional violation and a criminal offense.
Criticism of Alternative Views
Bogucki dismissed all dissenting opinions from political, expert, and media circles as “antidemocratic.”
Judge Szostek Questions President on Remaining Appointments
Judge Dariusz Szostek reported that he and Judge Bentkowska were sworn in before the President and inquired about the remaining four judges and the reasons for the limited invitation.
The President responded that two positions were vacant during his term, leading to the current appointments. Szostek emphasized that a properly constituted Tribunal requires fifteen judges, expressing hope the President will administer the oath to the remaining candidates.
Selection of Constitutional Tribunal Judges
The Sejm selected six Constitutional Tribunal judges on March 13th.
Legal Framework for Oath-Taking
According to the Act on the Status of Constitutional Tribunal Judges, individuals appointed to the position must swear an oath before the President of the Republic of Poland.
Constitutional Expert: President Obligated to Invite
Constitutional law professor Marek Chmaj stated Tuesday that the President cannot refuse to accept the oath of office. He clarified that delaying the oath for some judges does not necessarily invalidate their terms.
Chmaj emphasized that inviting the selected individuals to the oath-taking ceremony is the President’s obligation, and that the law does not specify whether the oath must be taken orally or in writing. He suggested that judges not invited could potentially submit a written oath to the Presidential Chancellery.