Polish tribunal officials charged with barring judges — Notes from Poland
In Poland, prosecutors have charged two senior officials of the Constitutional Tribunal over preventing four newly elected judges from taking up their duties. As Notes from Poland reports, the case concerns the tribunal’s chancellery director, Zofia G., and the head of the institution’s security service, Piotr P.
They are accused of abuse of office, which can carry a sentence of up to three years in prison, as well as malicious and persistent violation of the judges’ labour rights, an offence punishable by up to two years in prison. Both officials were questioned and did not admit guilt.
Dispute over the oath
The four judges were elected in March by the parliamentary majority that supports the government of Prime Minister Donald Tusk. President Karol Nawrocki, elected with the backing of the Law and Justice party, refused to administer their oath, citing legal doubts over the election procedure.
The judges held their own oath-taking ceremony before a notary and submitted the documents to the presidential chancellery. They then tried to begin work at the Constitutional Tribunal, but its president, Bogdan Święczkowski, barred them, stating that the oath must be taken before the president.
More current news is available on the UA.News Telegram channel Telegram.
The judges appealed to the European Court of Human Rights. In May, the ECHR applied an interim measure under which they were to be allowed to take up their duties. Święczkowski refused to implement the decision because he believes the ECHR has no authority to issue such rulings.
Positions of the parties
Justice Minister and Prosecutor General Waldemar Żurek supported the prosecutors’ decision. He stated that illegal blockades, humiliating checks and harassment of lawfully elected judges had taken place in a building meant to defend the constitution.
The Constitutional Tribunal called the prosecutors’ actions unlawful and an instrument of personal pressure and intimidation. The tribunal said its employees had acted in accordance with the law in force and that allowing in persons who had not taken the oath before the president could itself constitute an abuse of office.
The following day, the tribunal reported that Święczkowski had initiated proceedings against three other new judges — Magdalena Bętkowska, Dariusz Szostek and Sławomir Patyra. They were elected by parliament and took the oath before Nawrocki, but refused to participate in meetings of the tribunal’s general assembly in solidarity with the four excluded colleagues. The tribunal is also considering complaints by two of these judges against the institution’s employees. According to the tribunal, the proceedings may end with a disciplinary court decision to remove the judges from office.
