The vows of the Sejm. Grotesque or precedent?

angora24.pl 3 weeks ago

Head of the Chancellery of the president of Poland Zbigniew Bogucki He said that the president did not accept Thursday's ceremony in the Sejm as the oath of judges of the Constitutional Court. According to him, specified an act should take place only in the presence of the head of state. “This was a message to the notary,” said Bogacki, adding that “the wedding takes place “before” and thus in the presence of the President.”

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"What about the wedding vows in the church to God, does this regulation apply here too?" he asked at x.com Dariusz Jasinski. "And this is interesting – how does the court initiate proceedings against the accused without his presence, that is besides not true? (...). Script hypocrisy comes out all the holes," added cadi pl.

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"The Constitutional Tribunal counts 11 judges today. The president has not refused to take a vow from the others, he has not yet set a deadline, but looking at the violation of the law by the 4 candidates appointed by the Sejm, today, in my opinion, there is no anticipation of taking specified a vow. Judges of the TK, to be them, cannot break or circumvent it" – commented on x.com Marcin Policz from the Chancellery of the president of Poland.

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– There was a grotesque event, of course there was no swearing in. The claim that they were addressing the president was only expanding the grotesque scale. This is simply destroying the state, destroying the regulation of law," said the president of the Law and Justice Jarosław Kaczyński. “We were dealing with an act of destroying the seriousness of the Polish state. For this is the work of talker of the Sejm Włodzimierz Czarzasty, head of the office of the Sejm Marek Siwiec and everyone who participated in the event. They did it in order to accomplish political benefit, so we address the motion to the prosecution," he said during the press conference Mariusz Błaszczak and added that as long as the lawyer General and the Minister of Justice is Waldemar Żurek, he is aware that the application will not be dealt with, but "every government erstwhile passes away".

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"The president broke the law and, by his own delay, tried to block legally elected judges of the TK. He had no right to choose from whom he would take his vows and from whom he would not. Fortunately, this problem has already been resolved. The Constitutional Court is not a private farm of politicians," he wrote on the X portal Waldemar Żurek.

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Former president Andrzej Duda On the Krzysztof Szczucki channel on YouTube, he pointed out that "the pledge to the president is simply a essential element" and is simply a essential condition for taking office. He added that, without this act, the persons chosen by the Sejm "are not judges of the Constitutional Court". However, he noted that the president is bound by the Sejm resolution. – And it cannot be that the President, for example, will accept a judge's vow from individual another than individual who is elected by the Sejm. Or just some. Oh, no. So here is the problem, that this constitutional standard is very clear, the president is bound by this decision of the Sejm," said Andrzej Duda.

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Dr. Marcin Krzemiński, an assistant prof. at the Department of Constitutional Law of the Jagiellonian University, notes in OkoPress that erstwhile formulating the law, the legislature defined only the act of the chosen judge: he makes a vow. He did not usage the expression “President takes oath” or “President takes vow”. Dr. Krzemiński recalls that so far "the customized of making oral and written vows has been practiced, during a solemn ceremony in the presence of the head of state". But “to abandon this customized must not undo the effects of the vow made, the elements of which are legally necessary.”

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– The president has decided to choose 2 judges he swears and 4 won't swear. I think it's neck-deep in logic and law. due to the fact that taking a vow from two, he besides admitted that these judges were elected legally. And since these 2 were chosen legally, and the 4 were chosen just like the two, these 4 are besides chosen legally. And if so, there is no reason not to take a vow from them – she said in the podcast “The Influence Zone” Renata Grochal. "In my opinion, it was a mistake that the president of the Constitutional Court, Mr Święczkowski, was not invited to the vow. Not due to the fact that it's any kind of political mistake. It's just not pretty. Since the erstwhile heads of the Court were invited, the current chief should besides be invited, regardless of what we think of him as a politician, a erstwhile politician of the Law and a national prosecutor who has allegations," he added in the same podcast Jacek Czarnecki.

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"President Nawrocki should take a vow from the judges of the Constitutional Tribunal elected by the Sejm. The coalition shouldn't be making a circus of vows in the Sejm. The PO and the Law and Justice Department, for the purposes of party-based collapses further institutions of our state. I'm sick of both. I look forward to the day erstwhile voters will yet pursuit you and start building a average state" - he wrote on x.com Sławomir Mentzen. “From the very beginning, the president has been trying to change the strategy without changing the constitution from parliamentary to cabinet to presidential. This is unacceptable. The change in the strategy can only happen as a consequence of a change in the constitution," said erstwhile president of the Constitutional Court and erstwhile ombudsman prof. Andrzej Zoll.

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