Nawrocki on the judicial “circus” in the Sejm: I guaranteed the Constitutional Tribunal's operation, they couldn't wait

President Karol Nawrocki said that procedural reservations concerned all six Constitutional Tribunal judges elected by the Sejm, and that he “selected and swore in” two of them to “guarantee the functioning” of the Constitutional Tribunal. He added that the swearing-in of the others “would certainly have taken place” if not for “the circus that took place in the Sejm.”

On Friday in Channel Zero, Nawrocki was asked about the issue of receiving the oath at the beginning of April from two of the six judges of the Constitutional Tribunal elected in March by the Sejm – Magdalena Bentkowska and Dariusz Szostek – and about the fact that he did not receive it from the four remaining: Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda and Anna Korwin-Piotrowska. These four judges later took an oath in the Sejm with the formula that they were doing so “in front of the president”; Two judges of the Constitutional Tribunal, who had already done so in the presence of the president, also took the oath again. Then, everyone submitted written oaths to the president at the KPRP registration office.

Nawrocki said on Friday that reservations regarding the procedure for selecting Constitutional Tribunal judges concerned “all six selected judges.” However, he pointed out that “in this context, he had to weigh the arguments of 11 judges of the Constitutional Tribunal in order to guarantee the functioning of the state institution.” Before the Sejm elected six judges of the Constitutional Tribunal in March, there were 9 people in the Tribunal for 15 judicial positions. Pursuant to the Act, the full bench of the Tribunal consists of at least 11 judges.

Nawrocki emphasized that he had decided that he wanted “the Constitutional Tribunal to function and act.” – And I chose two and swore in two (judges – PAP) – he said. – I chose the judges I chose because I was given no other recommendations. In order to guarantee the functioning of the Constitutional Tribunal so that it will be helpful in resolving constitutional disputes, he added.

When asked by a journalist whether he had “any powers that allow him to choose those whom he will swear in and whom he will not”, the president replied: – No, but I was counting on the Sejm to help me and indicate which judge is which judge. He added that he was “obliged or put in a situation” in which he had to “make this choice on his own.”

The president also noted that he “never said he would not accept the oath of office from the other four judges.” – Our judges are disgusting – he said. – Soldiers are waiting for their officer ranks until the President of the Republic of Poland makes such a decision. Professors are waiting (…). And at the moment when I guarantee the functioning of the Constitutional Tribunal, the four judges cannot wait, even though no one from the Chancellery of the President, nor I, said that we would not swear them in, he said.

– We were also faced with the formal, legal necessity of swearing in judges, and it would certainly have happened if not for the circus that took place in the Polish Sejm – he noted.

When asked whether he was now considering taking the oath from the remaining four judges of the Constitutional Tribunal, Nawrocki replied that “everything (is) in the hands of the Constitutional Tribunal.” In his opinion, in this situation “the constitution and the entire system of Polish legislation and all acts are, in a sense, helpless.” – Because I don't know what the president is supposed to do today if the judges, without waiting, (…) took an oath before a notary in the Polish Sejm. The decision on this matter must be made by the Constitutional Tribunal, whose functioning I have guaranteed, because there are now 11 judges there, said Nawrocki.

The president declared that if the Tribunal decides that “despite the fact that the judges swore before a notary in the Polish Sejm, they must be invited once again by the President of Poland and they will take an oath”, he will do so. However, – he added – the Constitutional Tribunal decides that the events in the Sejm are “tantamount to a refusal to take the oath before the President”, it will not do so.

The head of the president's office, Zbigniew Bogucki, announced a few days ago that he would submit a motion regarding the competence dispute between the president and the Sejm; he then indicated that President Nawrocki did not recognize “what happened in the Sejm” as the oath taken by Constitutional Tribunal judges.

In Friday's conversation, Nawrocki also referred to criminal proceedings, the initiation of which was recommended by the Prosecutor General, the head of the Ministry of Justice, Waldemar Żurek, among others. towards employees of the Chancellery of the President of the Republic of Poland who – as the minister said – advised the president not to receive oaths from judges of the Constitutional Tribunal elected by the Sejm.

The president assured that “he made all decisions himself and takes full responsibility for them.” – I make my decisions personally, and who advises me on what issues is my private matter – he added. – We are talking about frivolous things, that the Minister of Justice wants to find out who advised me – he said.

On March 13, the Sejm elected six judges of the Constitutional Tribunal. At the invitation of President Karol Nawrocki, two judges elected by the Sejm took the oath in the Presidential Palace. Representatives of the KPRP said that the situation of the remaining four was being analyzed because, according to the presidential office, there were mistakes in the Sejm.

On April 9, during a ceremony in the Parliament's Column Hall, these four judges took an oath stating that they were doing so “in front of the president”, and two Constitutional Tribunal judges who had already taken it in the president's presence also took the oath again. Then, everyone submitted written oaths to the president at the reception office of the Chancellery of the President.

Two judges, Dariusz Szostek and Magdalena Bentkowska, took office at the Constitutional Tribunal on the same day. The president of the Constitutional Tribunal, Bogdan Święczkowski, said that the four remaining people – Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda and Anna Korwin-Piotrowska – did not take office because the events in the Sejm with their participation could not be considered an oath “towards the president”.

Krystian Markiewicz informed that he and three other judges had submitted a letter to the President of the Constitutional Tribunal requesting that they be allowed to perform their official duties. (PAP)

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