NEWS
03/04/2026
10:20
The Chancellery of the Sejm issues a statement regarding Constitutional Tribunal judges:
The refusal to swear in all but two judges is an abuse of power.
"On March 13th, the Sejm successfully elected six judges to the Constitutional Tribunal. However, the President of the Republic of Poland has not fulfilled his statutory obligation to swear in all elected judges of the Tribunal, having only sworn in two of them on April 1st," stated the Chancellery of the Sejm in its announcement.
"According to Article 194, Paragraph 1 of the Constitution of the Republic of Poland, judges of the Constitutional Tribunal are elected by the Sejm of the Republic of Poland. The President of the Republic of Poland's role, as stipulated by law, is to swear them in. The Head of State does not possess the competence to assess the correctness of the election. Refusal to swear in some of the elected judges has no legal basis and constitutes an usurpation of competence by the President of the Republic of Poland," it was emphasized.
"In the Polish legal system, it is not uncommon to appoint judges to the Constitutional Tribunal after the predecessor's term has expired," the announcement read.
"Judge Leon Kieres's term ended on July 23, 2021. The IX term of the Sejm elected Bogdan Święczkowski to the vacant position, which occurred only on February 8, 2022. Despite more than half a year (approx. 200 days) passing between these dates, the President of the Republic of Poland has not questioned the validity of Bogdan Święczkowski's election to the Constitutional Tribunal," it was stated.
The Chancellery of the Sejm also noted that "the election of several judges during a single session, or even on a single day, is not an extraordinary situation," and provided several examples of such occurrences from the past.
The Chancellery of the Sejm dismissed the argument that the President swore in only two of the six judges elected by the Sejm because two seats in the Constitutional Tribunal became vacant during Karol Nawrocki's term, calling it "extra-legal reasoning" that "leads to unacceptable consequences."
"This would mean that judicial positions vacated during President Andrzej Duda's term could never be filled in the Tribunal again. Such a situation causes obvious obstruction of the Tribunal's functioning and flagrantly limits, without any basis, the Sejm's creative function," the announcement read.
Further in the announcement, it was stated, among other things, that "on March 13, 2026, the Sejm of the Republic of Poland elected six Constitutional Tribunal judges to previously vacant positions. This procedure did not raise doubts not only from the parliamentary majority but also from the parliamentary opposition, which nominated candidates and subsequently supported them throughout the entire procedure."
"The commencement of a Constitutional Tribunal judge's term is not determined by the date of the previous judge's term expiry, but by the date of election by the Sejm. Each candidate was put to a vote individually for the six vacant positions," the Chancellery of the Sejm stated.
"All individuals elected to judicial positions on March 13, 2026, are judges of the Constitutional Tribunal and are in an identical legal situation. The refusal to swear in all but two of these individuals has no legal basis and constitutes an abuse of power," it was concluded.
live
4 hours
4 hours
5 hours
5 hours
5 hours
14 hours
15 hours
15 hours
15 hours
15 hours
recommended
recommended
recommended
recommended
recommended
recommended
recommended