Legal fact: the Act on the position of Judges of the Constitutional Tribunal requires those elected as judges to take a vow “to the president – so it is not possible to make a vow without his presence. Mr. president was not in the Sejm today, so there was no vow of the judges of the TK" – she wrote on the site of X Agnieszka Jędrzak, Undersecretary of State in the KPRP, who oversees the Office for Polish Affairs and the Office of Honors and Nomination.
On Thursday, an event took place in the Column Hall of the Sejm, during which six judges of the Constitutional Tribunal elected in March by the Sejm made a "marriage". Although the expression of "marriage" states that it is "present to the President", Karol Nawrocki was not on the spot. "Marriage" was submitted in the Sejm by: justice Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda (all 3 recommended by KO), Anna Korwin-Piotrowska (recommended by Lewica). They were besides made by Dariusz Szostek and Magdalena Bentkowska, who had previously vowed to the President.
Jędrzak notes that no arguments and interpretations will change the law, and since its explanation is the TK.
In 2015, the same TK ruled that 'in certain exceptional circumstances, there may be situations which will objectively order the president to defend a higher value—than the immediate fulfilment of the work to take a vow—which is the primacy of the Constitution’. specified a condition is, for example, the violation by the Sejm of the procedure of election of judges. The president did not refuse to take a vow (and if individual else says no, let him show specified a refusal), while he abstained from accepting it until the above doubts about violations of the selection procedure were explained. The TK ruling quoted gives him that right. Conclusion: The president has acted in accordance with law and case law. On the another hand, organizers, hosts and participants of today's events in the Sejm have carried out a number of outlaw actions that will not origin legal effects, but, above all, legal consequences for themselves. Minister Jędrzak explains.
– I met with 2 TK judges and 4 people elected to the position of justice of the TK. I congratulated all six of you on your election by the Sejm. – said president Bogdan Święczkowski during the gathering with media representatives. As he stressed, Judges Bentkowska and Szostek, who made their vows before president Karol Nawrocki on April 1, received their cabinets and will be able to start work.
What about the another four? – I met each of them individually. I told each of them that, unfortunately, I cannot accept that they have established a court-martial relation with justice TK due to the fact that I have not been informed by the president that they have made a vow – explained Święczkowski.
