The Association Lawyers for Poland expresses its firm opposition to the announced actions aimed at taking, on 9 April 2026 in the Sejm of the Republic of Poland, an alleged “oath” from individuals elected to the positions of judges of the Constitutional Tribunal, bypassing the President of the Republic of Poland.
Such actions are in obvious contradiction with the binding legal order. Pursuant to Article 4(1) of the Act of 30 November 2016 on the Status of Judges of the Constitutional Tribunal (consolidated text, Journal of Laws of 2024, item 1456), the oath of a Constitutional Tribunal judge is taken exclusively before the President of the Republic of Poland. This provision is unequivocal and does not provide for any exceptions or the possibility of replacing this procedure with another mechanism.
The competence of the President in this regard is grounded in his constitutional position. Under Article 126(1) and (2) of the Constitution of the Republic of Poland, the President is the supreme representative of the Republic and ensures compliance with the Constitution. The exercise of prerogatives connected with the appointment procedure of Constitutional Tribunal judges, including the reception of the oath, constitutes an element of this function.
At the same time, pursuant to Article 10(1) of the Constitution, the system of government of the Republic of Poland is based on the separation and balance of legislative, executive, and judicial powers. The procedure involving the participation of the President in the process of a judge assuming office at the Constitutional Tribunal is a key element of this balance. Its omission leads to a violation of the constitutional mechanism of mutual checks and balances.
Any actions undertaken by legislative authorities aimed at replacing this procedure must be regarded as ultra vires, i.e. without legal basis and beyond the scope of competences. In light of Article 7 of the Constitution, public authorities act solely on the basis and within the limits of the law. This means that it is impermissible to undertake actions of a systemic constitutional nature without explicit legal authorization.
It should also be emphasized that, under Article 194(1) of the Constitution, judges of the Constitutional Tribunal are elected by the Sejm; however, this provision does not regulate the entirety of the procedure for assuming office. The ordinary legislator, acting within constitutional limits, has defined further elements of this procedure, including the obligation to take the oath before the President of the Republic of Poland. Any attempt to omit this stage constitutes an unlawful circumvention of binding law.
Furthermore, pursuant to Article 2 of the Constitution, the Republic of Poland is a democratic state governed by the rule of law, which implies the principles of legal certainty, citizens’ trust in the state, and the prohibition of arbitrary action by public authorities. The creation of constitutional practices contrary to binding legal provisions violates these principles and leads to the erosion of the legal order.
Consequently, it must be stated that any possible reception of the “oath” by an authority other than the President of the Republic of Poland:
- has no legal basis,
- does not produce the legal effects required for effective assumption of office as a judge of the Constitutional Tribunal,
- constitutes a violation of Articles 7, 10(1), 2, and 126(1)-(2) of the Constitution of the Republic of Poland, as well as Article 4(1) of the Act on the Status of Judges of the Constitutional Tribunal.
Clara non sunt interpretanda – that which is clear does not require interpretation. The Constitution and the entire legal system contain no superfluous words, and the phrase “before the President” requires the simultaneous presence – at the same place and at the same time – of both the person taking the oath and the Head of State.
The Association “Lawyers for Poland” indicates that the implementation of the announced actions would lead to the creation of an extra-legal mechanism for filling positions in the Constitutional Tribunal, which must be regarded as inadmissible under the binding constitutional order.
The Association calls on public authorities, in particular the Marshal of the Sejm and the Presidium of the Sejm, to refrain from actions lacking legal basis and to respect constitutional and statutory procedures.
It also appeals to the legal community to take a clear stance in defence of the principle of legality and the integrity of the legal system.
The maintenance of constitutional order requires strict compliance with binding legal norms. Their deliberate omission or replacement with factual actions leads to the creation of dangerous precedents and the destabilisation of the state system.