A breakthrough may be coming in the selection of judges for the Constitutional Tribunal. Media reports suggest that President Karol Nawrocki has decided to accept the oath from two of the six candidates. Prime Minister Donald Tusk argues that the governing authorities will “find a way” to ensure that the remaining four also join the Tribunal. However, Law and Justice (PiS) MP Marcin Warchoł points out that the situation of those allegedly not invited to the Presidential Palace is fundamentally different.
On March 13, the Sejm selected six judges for the Constitutional Tribunal, whose candidacies had been proposed by the Sejm Presidium. After the judges were elected, the Chancellery of the President of the Republic of Poland asked the Marshal of the Sejm to provide explanations regarding the procedure for selecting the Constitutional Tribunal judges.
The procedure faced sharp criticism because – according to the opposition – it violates the Sejm Rules of Procedure and the principle of individual terms of office of judges, enshrined in Article 194(1) of the Constitution. It is also criticized by associates of the president.
“We are dealing with serious doubts regarding the selection of Constitutional Tribunal judges. Everyone will probably agree that judges of the most important tribunal are not selected in 48 hours. If the Marshal of the Sejm announces a ‘competition’ for Constitutional Tribunal judges on Monday at noon and sets a deadline for Wednesday, followed by a very fast vote among candidates proposed by the governing coalition, where there is not a single constitutional law expert, then this matter needs to be carefully examined”, said Presidential Spokesman Rafał Leśkiewicz on Tuesday on TV Republika, adding that Karol Nawrocki would announce his decision “soon”.
Oath-taking from two? Meanwhile, media reports indicate that a “breakthrough” has occurred in this matter. According to RMF FM, President Karol Nawrocki is to accept the oath from two of the six judges selected by the governing coalition for the Constitutional Tribunal. These are Magdalena Bentkowska, nominated by the Polish People’s Party (PSL), and Dariusz Szotek, a candidate of Poland 2050 Party. The latter confirmed in an interview with the Polish Press Agency (PAP) that he had received an invitation to the Presidential Palace, and according to his knowledge, it was also sent to attorney Bentkowska. Their swearing-in is expected to take place on Wednesday.
Prime Minister Donald Tusk was asked about the presidential invitation for the two judges during a press conference on Tuesday. “Oh, what a surprise. I am not surprised, but as I announced, we will find a way for these judges to be able to start their work”, Tusk stated.
The Prime Minister said the government maintains that “the president has no authority to make a choice”. “This is not a matter of the president’s whim. They have been elected and they are judges. In any case, they will take the oath”, the head of government emphasized.
“According to the rules of procedure”
Law and Justice (PiS) MP Marcin Warchoł also commented on the media reports regarding the president’s decision. The politician explained why the head of state may have acted in this way.
“Why will the president accept the oath from two Constitutional Tribunal judges and not from six? Perhaps because only those two were appointed in accordance with the Sejm Rules of Procedure,” he began his post.
Warchoł stresses that “the terms of office of Constitutional Tribunal judges are individual”.
“Their successors should therefore be elected in staggered fashion, in line with the expiration of individual terms. According to Article 30(3)(1) of the Rules of Procedure, candidates must be submitted 30 days before the end of a given term. This was done only in the case of two expiring terms – Law and Justice (PiS) submitted candidates in time: Marek Ast and Professor Artur Kotowski. They were not elected, but the procedure was properly initiated, and subsequent candidates for those two vacancies were already submitted under Article 30(3)(5) of the Rules of Procedure, meaning without the 30-day deadline,” he explained.
“Therefore, the recent election of two new Constitutional Tribunal judges was in line with the Rules of Procedure. However, regarding the remaining four candidates, the deadline under Article 30(3)(1) has irreversibly expired, because no candidates were submitted for those four vacancies within the required time. And Article 30(3)(5) can no longer be applied here, which is why their election is illegal”, said the Law and Justice (PiS) MP.
The judges of the Constitutional Tribunal elected in March include: judge and head of the codification commission for the judiciary and prosecution system at the Ministry of Justice, leader of “Iustitia”, Krystian Markiewicz; PhD in law, professor at the Institute of Legal Studies of the Polish Academy of Sciences Maciej Taborowski; PhD in law, professor at the Department of Civil Procedure at the Faculty of Law and Administration of the University of Warsaw Marcin Dziurda; judge, formerly president of the Regional Court in Opole Anna Korwin-Piotrowska; PhD, professor at the University of Silesia Dariusz Szostek; and attorney Dr Magdalena Bentkowska.