Duda hits the president
Former president Andrzej Duda referred to the dispute surrounding the oaths of the Constitutional Court judges, pointing out that although the head of state may analyse the selection and qualification procedure of candidates, a protracted conflict surrounding the acceptance of the oath by any of them shows expanding tensions around the full process.
As he emphasized in an interview with Krzysztof Szczucki:
The president has the right to take a vow after a comprehensive consideration of the situation, examining the course of choice and the question of the person's qualifications to the Constitutional Court. The president may anticipate that if he asks for additional explanations or meetings, he will be able to talk to the candidates.
The erstwhile president assessed that there was serious uncertainty that the work to take a vow would not be possible, stressing that the head of state is bound by the decision of the Sejm and should not decide selectively from which persons take the oath. In his opinion, specified action would lead to a systemic dispute. This message was received as a critic of the conduct of Karol Nawrocki.
The issue of urgency
Andrzej Duda referred to the pace of decision-making, pointing out that the constitution does not specify a circumstantial word for taking a vow, and concepts specified as “not immediately” or “without undue delay” stay vague and can be interpreted differently. He pointed out that in the event of doubt, the president has the right to explain them, although at the same time dragging the procedure may lead to attempts to bring him to constitutional responsibility.
He besides stressed that the decisions of the Sejm are binding on the President, besides erstwhile Parliament corrects its earlier resolutions and makes fresh decisions. In his view, questioning specified decisions by the head of state would mean entering a serious systemic dispute to which the constitution does not foresee a place. Finally, he pointed out that although it is theoretically possible to settle the president from specified actions, in practice constitutional work in Poland remains mostly illusory.
Situation from 2015
However, commentators point to the fact that Andrzej Duda did not take a vow from the 3 judges of the Constitutional Court elected in 2015 by the then Sejm, even though their choice was considered to be consistent with the Constitution by the Court itself. However, he felt that the procedure was flawed and alternatively sworn in by the fresh parliamentary majority, which triggered a long-term crisis around this institution.
