Two judges took their oaths of office before the President of Poland on Wednesday, while the status of four others selected by Parliament remains unresolved.
President Cites Chronology and Tribunal Functioning
Presidential Chief of Staff Zbigniew Bogucki confirmed that the two oaths were accepted by the President on Wednesday afternoon. He emphasized the need for the judges to immediately begin adjudicating cases, stating their selection was based on candidate assessments, documents, and biographies.
Bogucki explained the President chose to swear in two judges due to timing – the President’s inauguration on August 6th left two vacancies on the Tribunal. He also highlighted the current composition of the Tribunal, noting only nine judges serve against a constitutional requirement of fifteen, with a minimum of eleven needed for a full panel.
No Decision Yet on Remaining Judges
Bogucki stated there is currently no decision regarding the remaining four judges chosen by the Sejm. He added that the President is still analyzing their cases.
Parliament Criticized for Delay
Bogucki pointed out vacancies in the Tribunal existed since December 2024, and the parliamentary majority deliberately failed to fill them for over a year and three months, allegedly attempting to dismantle the Tribunal.
He criticized the Sejm for not specifying the start date of the judges’ terms or linking them to specific vacancies, arguing that selections should occur 30 days before a judge’s term ends, not a year and three months after.
Past Delays Under Previous Government Noted
Responding to a reporter’s question about a six-month delay in appointing a judge after Leon Kieres’ term ended under the previous government, Bogucki characterized those instances as “isolated cases,” involving replacements for specific departing judges.
President Expects Tribunal Respect and Ruling Publication
Bogucki stated the President expects the government to publish Tribunal rulings and for the new judges to begin their duties, emphasizing the need for respect for the Tribunal.
Constitutional Obligation to Swear In Judges
Bogucki stressed that the oath must be taken before the President, warning that any attempt to administer it elsewhere would be a constitutional violation and a criminal offense, deeming such proposals “antidemocratic.”
Minister of Justice Suggests Alternative Oath Options
Minister of Justice and Prosecutor General Waldemar Żurek suggested the possibility of judges taking their oaths remotely or before Parliament or the Sejm Marshal, advocating for “effectiveness.”
Żurek argued that past presidents have upheld constitutional principles but suggested the current President may be attempting to overstep his authority.
Judge Szostek Discusses Meeting with President
Judge Dariusz Szostek reported that he and Judge Bentkowska were honored to take their oaths before the President. He stated he inquired about the remaining four judges and the reasons for the limited invitation list.
Szostek said the President explained that only two vacancies existed during his term. He added that he responded by pointing out the Tribunal should be fully staffed with fifteen judges, expressing hope the President would administer the oaths to the remaining candidates.
Background: The Constitutional Tribunal Dispute
The dispute over the Constitutional Tribunal began on October 8, 2015, when the Sejm of the VII term, primarily through the votes of the then-coalition of PO-PSL, selected five new judges: Roman Hauser, Andrzej Jakubecki, Bronisław Sitko, Andrzej Sokala, and Krzysztof Ślebzak. These judges were intended to replace three judges whose terms were ending on November 6 and two whose terms ended in December 2015, during the next parliamentary term.
On November 25, 2015, the Sejm of the new VIII term, where PiS held the majority, passed resolutions declaring the invalidity of the selection of the Constitutional Tribunal judges from October 8. On December 2, the Sejm selected Julia Przyłębska, Piotr Pszczółkowski, Henryk Cioch, Lech Morawski, and Mariusz Muszyński as judges of the Constitutional Tribunal, nominated by PiS. The last three replaced judges whose terms expired in November.
On December 3, 2015, the Constitutional Tribunal – then presided over by Andrzej Rzepliński – ruled that the Sejm of the VII term had selected two judges to the Constitutional Tribunal in a manner inconsistent with the constitution (in positions whose terms ended in December); the selection of the remaining three (in positions whose terms ended in November) was consistent with the constitution. The Tribunal also ruled that the President had an “immediate” obligation to administer the oath to each newly selected judge.
