Venice Commission allows tribunal judges to take oath without president — RMF24

In Poland, the Venice Commission has allowed that judges of the Constitutional Tribunal may take the oath without the president’s physical presence, if the procedure is conducted in proper form and certified by a notarial act submitted to the head of state. RMF24 reports this.

Conditions of the procedure

According to the commission’s recommendation, this option may be used if the president refuses to accept a judge’s oath or delays the ceremony. The Venice Commission also pointed to the need to ensure that the president promptly accepts the oaths of Constitutional Tribunal judges elected by the Sejm and does not claim the right to review their election.

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Dispute over six judges

The dispute concerns six Constitutional Tribunal judges elected by the Sejm on March 13. President Karol Nawrocki accepted the oaths only of Dariusz Szostek and Magdalena Bentkowska. Regarding the other four, he believed that procedural requirements had not been met.

The ruling coalition and Justice Minister Waldemar Żurek insist that the president cannot selectively assess Sejm decisions. Four judges took the oath in the Sejm and submitted written texts of their oaths to the presidential chancellery. At the same time, Constitutional Tribunal President Bogdan Święczkowski did not allow them to assume their duties, citing the lack of information from the president on acceptance of the oath.