The judges of the Constitutional Court, who were elected by the Sejm, wrote a letter to the president on the oath. In the letter sent, they appeal to Karol Nawrocki to inform them of the possible date of the ceremony. They assured that, in the case of a tight schedule, the president would be willing to make a vow in another form.
Parliament on 13 March elected six TK judges, whose candidatures were proposed by the Bureau of the Sejm and obtained the support of the government coalition by voting. In accordance with the Act on the position of judges of the Constitutional Court passed in the times of the Law of Laws in 2016, "a individual elected to the position of justice of the Court shall take a vow to the president of the Republic of Poland".
In turn, the Constitutional Tribunal itself consists of "15 judges, elected individually by the Sejm for 9 years from among those who stand out with legal knowledge", and "the re-election to the composition of the Court is unacceptable". president Karol Nawrocki has not yet taken a vow from the judges elected by the Sejm.
Former Minister of Justice Adam Bodnar, referring on Tuesday's "Shubartowicz's imagination Point" program in Polsat News to this fact, he assessed that the President's further hold may require "the initiation of appropriate procedures". erstwhile asked about this issue, he clarified that it was "responsibility before the Court of State".
The judges wrote a letter to Nawrocki. "We're ready."
In a letter dated on Tuesday, addressed to Nawrocki, elected TK judges expressed "anxiety at the fact that for over a week the President's Office had not notified them of the deadline for taking a vow". Therefore, They called for them to be informed of the possible date of vows in the presence of the President.
"If the President's calendar does not let us to meet, We are ready to make a vow in another solemn form. We will then pass on the contents of the vows to the president in a manner convenient to you" - they stressed.
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Selected on 13 March as judges of the Constitutional Tribunal are: judge, so far president of the codification committee of the judiciary and prosecutor at MS Krystian Markiewicz; doctor of legal sciences, prof. at the Institute of Legal Sciences of the Polish Academy of Sciences Maciej Taborowski; PhD at the Faculty of civilian Procedure at the Faculty of Law and Administration of the University of Warsaw Marcin Dziurda; judge, until now president of the territory Court in Opole Anna Korwin-Piotrowska; PhD at the prof. at the University of Silesia Dariusz Szostek, as well as lawyer at Dr. Magdalena Bentkowska.
They did not gain support at the time two candidates reported by the PiS Club - prof. Artur Kotowski of the Faculty of Law and Administration of the University of Cardinal Stefan Wyszyński and assistant prof. of the Faculty of Law, Canon Law and Catholic Administration of the University of Lublin Dr Michał Skwarzyński.
On the day of the election of the judges, Minister of Justice Waldemar Żurek appealed to the Presidentto "not effort to break the constitution" and take a vow from elected TK judges. At the same time, he announced that the ministry had "Plan B" if the president of the vows had not taken it.
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Head of the President's Office Zbigniew Bogucki He asked the talker of the Sejm last week to explain to the president about the selection of judges. The head of the Chancellery of the Sejm Marek Siwiec replied on Thursday. However, Bogacki assessed that Siwiec's writing did not respond to the fundamental constitutional doubts raised by the President, and so repeated his inquiries.
A dispute over TK judges. The conflict has continued for years
Before the Sejm gathering on Wednesday The Wizard reported that the law firm of the Sejm had terminated correspondence with the President's law firm on this matter.
Bogacki assessed, among others, that the simultaneous election of six judges of the Court is so contrary not only to the Constitution of Poland, but besides to the Sejm's practice. akin doubts were raised by the Members of Law and Justice in their motion to the Constitutional Court, in which they challenged the provisions relating to the selection procedure for judges of the Constitutional Tribunal by the Sejm. The Court adjourned without a time limit last week. He besides decided to address president Nawrocki to take a written position on this matter.
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Over the last decade, the multifaceted conflict around the Court has abounded in many legal, political and administrative aspects. Finally, has led many lawyers and politicians before the Constitutional Tribunal to question decisions.
The resolution besides stresses that "the overarching intent of the actions undertaken is to reconstruct the functioning of the Constitutional Tribunal as a body performing tasks defined in the Constitution of Poland, in accordance with the legal order in force in the Republic of Poland".
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