Speaker of the Sejm Włodzimierz Czarzasty has sent a letter to President Karol Nawrocki urging him to administer the oath of office to Constitutional Tribunal judge-elect Sławomir Patyra. Did he also inadvertently acknowledge the status of the other four judges who – despite taking part in the pseudo-oath ceremony in the Sejm – have still not legally assumed their positions on the Constitutional Tribunal? The inconsistency was pointed out by TV Republika journalist Jan Przemyłski. How did Czarzasty respond to the question?
On Thursday, April 9, a pseudo-oath ceremony took place in the Sejm. During the event, individuals elected by the Sejm to the Constitutional Tribunal declared an oath “before the President” despite the absence of the Head of State. Legal experts unanimously stressed that such a procedure cannot be regarded as an oath taken before the President of the Republic of Poland. As a result, four of those individuals did not legally assume the office of Constitutional Tribunal judge. Two participants in the event – Magdalena Bentkowska and Dariusz Szostek – had previously taken the constitutional oath before the President at the Presidential Palace.
Shortly after the event, President Karol Nawrocki issued a motion published on the Constitutional Tribunal’s website, arguing that “the actions carried out in the Sejm did not produce any legal effects with regard to assuming the office of a Constitutional Tribunal judge.”
Meanwhile, representatives of the governing coalition insisted that the ceremony had legal effect. One of its strongest defenders was Speaker of the Sejm Włodzimierz Czarzasty, who was the central figure during the event held in Parliament.
It now appears that he has changed his position. During a morning press conference before the start of the Sejm session, Czarzasty revealed that on July 13 he had sent a letter to President Nawrocki asking him to take action regarding Judge-elect Sławomir Patyra.
That “action” effectively means administering the constitutional oath so that Patyra can legally begin his nine-year term as a Constitutional Tribunal judge. In doing so, Czarzasty effectively acknowledged that without taking the oath before the Head of State, a judge cannot lawfully assume office and begin serving on the Constitutional Tribunal.
A few minutes later, TV Republika journalist Jan Przemyłski asked him about the letter sent to the President.
Earlier, Judge-elect Patyra had independently urged the President to administer the oath. “Yes, I contacted the President because I believe I also have a duty to exercise due diligence,” he confirmed during an interview with TVN24, referring to his request to schedule the swearing-in ceremony.
On June 11, the Sejm elected Professor Sławomir Patyra as a judge of the Constitutional Tribunal. His candidacy was submitted by MPs from Civic Coalition (KO), Polish People’s Party – Third Way (PSL-TD), The Left (Lewica) and Centre (Centrum), and had previously been recommended by the Sejm Committee on Justice and Human Rights. His election is directly linked to the expiration of the term of Constitutional Tribunal Judge Andrzej Zielonacki.