Judges Magdalena Bentkowska and Dariusz Szostek took their oaths at the Presidential Palace on Wednesday. It is not known whether the remaining four judges elected in March will be sworn in.
See also: Two judges with an invitation to the Palace. What about the rest?
Judges of the Constitutional Tribunal. Oath taken by President Karol Nawrocki
Judges Szostek and Bentkowska informed journalists after leaving the Presidential Palace that they took the oath in the presence of the president.
According to them, there is no basis to differentiate judges and to take the oath from some and not from others.
Bentkowska said that she had not been informed whether the remaining four judges of the Constitutional Tribunal elected in March would be sworn in.
— Undoubtedly, all judges were properly elected and all of them should have the opportunity to take the oath – emphasized the Constitutional Tribunal judge.
See also: New judges of the Constitutional Tribunal. “We are counting on a specific move by the president”
“Playing the ball to the opponent”
According to political scientist prof. Olgierd Annusewicz from the University of Warsaw, the president used the situation around the Tribunal to his advantage, in a sense showing that he was “pouring oil on the stormy waves.” At the same time – in his opinion – the government coalition clearly did not properly prepare the process of repairing the Constitutional Tribunal.
— If they wanted to replenish the squad, they should have done it lege artis, even with some overzealousness, and not carelessly. The terms of office of judges are specified, so it is known that one person replaces another, specifically indicated one, said Annusewicz. — This means passing the ball to the opponent and leaving the goal empty so that he will surely score a goal – he added.
Constitutional Tribunal judges elected by the Sejm
The Sejm elected six judges of the Constitutional Tribunal on March 13. The following people were elected as judges of the Constitutional Tribunal:
— judge and chairman of the codification commission of the judiciary and prosecutor's office at the Ministry of Justice Krystian Markiewicz;
— Ph.D. legal sciences, prof. at the Institute of Legal Sciences of the Polish Academy of Sciences Maciej Taborowski;
— Ph.D. legal sciences, prof. at the Department of Civil Procedure at the Faculty of Law and Administration of the University of Warsaw Marcin Dziurda;
— judge, former president of the District Court in Opole, Anna Korwin-Piotrowska;
— Ph.D. prof. University of Silesia Dariusz Szostek,
— and lawyer Dr. Magdalena Bentkowska.
Importantly, the mere election of judges by the Sejm does not mean taking over the office of a judge of the Constitutional Tribunal. It is necessary to take an oath.
As we wrote in Business Insider Polska last week, the newly elected judges of the Constitutional Tribunal are putting more and more pressure on the Presidential Palace, demanding a date for taking the oath.
We also asked three of the six selected judges how long they would wait to be invited. More in this text.
Dispute over judges of the Constitutional Tribunal
Head of the KPRP Zbigniew Boguckispeaking on Wednesday about the reasons for taking the oath of only two judges of the Constitutional Tribunal, pointed out that during President Nawrocki's term of office there were two vacancies in the Constitutional Tribunal, and moreover, the oath of two judges fulfills the requirement for a full bench of the Constitutional Tribunal – i.e. 11 judges. He also stated that the situation of the remaining four people elected as judges of the Constitutional Tribunal is being analyzed by the Chancellery of the President and there is no decision on them yet.
Deputy Prime Minister, head of the Ministry of National Defense Władysław Kosiniak-Kamysz announced that after the holidays, PSL would present a proposal to overcome the crisis in the justice system. Referring to the president's acceptance of the oath by two judges of the Constitutional Tribunal, he stated that the president's role is not to select judges.
Source: PAP, Business Insider Polska
