“The events that took place today in the Sejm cannot be regarded as taking an oath before the President. I assess them negatively. I believe that those individuals elected to the positions of judges made the worst possible decision by participating in what amounted to a media spectacle,” said the President of the Constitutional Tribunal, Bogdan Święczkowski.
Pseudo-oath of judges in the Sejm
A pseudo-oath of new judges of the Constitutional Tribunal took place today in the Sejm. Among those present were representatives of the so-called “December 13 coalition,” including the Speaker of the Sejm, Włodzimierz Czarzasty, the Speaker of the Senate, Małgorzata Kidawa-Błońska, as well as several former Presidents of the Constitutional Tribunal, including Andrzej Zoll, Marek Safjan, and Jerzy Stępień.
The so-called “usurper judges” submitted documents confirming the pseudo-oath to the Chancellery of the President and then proceeded to the Constitutional Tribunal building.
Details of the visit were presented at a press conference by Święczkowski.
“They have not established a judicial relationship”
“Today I met with two judges of the Constitutional Tribunal and four individuals who were elected to the position of judge of the Constitutional Tribunal. I congratulated all six on their election by the Sejm of the Republic of Poland, as it is a significant event for anyone elected by the Sejm to serve as a judge. I then held a meeting with the two judges who took the oath before the President. I am pleased to inform that these judges have assumed their positions. Cases have been assigned to them. Tomorrow they will receive cases, mainly constitutional complaints, so they can begin addressing the most important matters concerning the rights and freedoms of Poles. The judges have familiarized themselves with their offices. They sat in their offices as judges of the Constitutional Tribunal,” he reported.
He added that he also held individual meetings with each of the remaining four individuals elected as judges.
“I informed each of them that, unfortunately, I cannot recognize that they have established a service relationship as judges of the Constitutional Tribunal, as I have not been notified by the President that they took the oath before him. Such confirmation is required for me to recognize that someone has entered into the judicial service relationship of a Constitutional Tribunal judge. The events that took place today in the Sejm cannot be considered as taking an oath before the President—unless the President informs me that he recognizes that meeting in the Sejm as constituting such an oath. Otherwise, I cannot do so and cannot recognize that they have established a service relationship,” he declared.
The President of the Tribunal emphasized that, “as a consequence, I am unable to recognize that they may assume the duties of a Constitutional Tribunal judge.”
“I am not able to assign them cases, provide administrative support, or offices. Of course, like any citizen of the Republic of Poland, they have the right to come to the Constitutional Tribunal, meet in the library, and submit documents at the registry office. If the formal and legal situation changes and the President accepts the oath from those elected to the positions of judges, or if another circumstance arises from a decision of the Constitutional Tribunal itself, both you and they will be informed,” he added.
“They made the worst possible decision”
Święczkowski also stated that he assesses “today’s event in the Sejm negatively.”
“I believe that those elected to the positions of judges made the worst possible decision by participating in a certain performance—a media spectacle organized for the needs of politicians. I strive to keep the Constitutional Tribunal as far away as possible from politicians and from being used in ongoing political struggles. Each of us is a citizen of the Republic of Poland and may do as they see fit. That has nothing to do with what I am bound by. I am bound by the Constitution and the laws governing the status of Constitutional Tribunal judges, as well as the procedures of the Tribunal. Therefore, these four individuals did not assume office today and did not establish a service relationship,” he concluded.
“I was not invited to this spectacle in the Sejm”
Asked by a reporter what steps he would take if the individuals claim the right to act as judges, Święczkowski replied:
“Every citizen of the Republic of Poland has the right to come to the Constitutional Tribunal. It is not a closed fortress. There is a library and a registry office. Each of these individuals may appear at the Tribunal. They are not judges of the Constitutional Tribunal and will not perform the duties of judges until they take the oath before the President and the President informs me of this,” he said.
He also pointed out that he had not been invited to the event in the Sejm.
“I was not invited to this event, this spectacle in the Sejm. Former Presidents of the Tribunal were present, but no invitation was extended to the current President. Unless I am not recognized as President,” he remarked.