The Head of the Presidential Chancellery, Zbigniew Bogucki, has published a statement regarding four judges of the Constitutional Tribunal.

"On behalf of the President of the Republic of Poland, information has been repeatedly presented publicly that, concerning the other individuals elected by the Sejm to serve as judges of the Constitutional Tribunal, due to serious doubts about the correctness of the election procedure conducted by the Sejm, the matter requires further analysis and clarification from the perspective of the impact of these doubts on the effectiveness of the resolutions adopted." - we read in the statement.

"Referring [...] to the letters from individuals elected by the Sejm to the positions of Constitutional Tribunal judges, in which they indicate that they are inviting to a 'swearing-in ceremony' that was to take place on April 9th at 12:30 PM in the Sejm of the Republic of Poland, it must be firmly stated that such an action as a way to assume the office of a Constitutional Tribunal judge has no legal basis," - stated the Head of the Presidential Chancellery.

"The law clearly provides that the oath is taken before the President of the Republic of Poland, and therefore cannot be replaced by a unilateral declaration by the elected person, even if made publicly, nor by an activity organized outside the participation and without the act of the proper authority, which is the President of the Republic of Poland," - he continued in the statement.

"Consequently, it must be accepted that initiatives involving the unilateral setting by individuals elected by the Sejm of the time and place for taking the oath do not produce legal effects foreseen by law. They can neither replace the act legally assigned to the President of the Republic of Poland, nor predetermine that the effective commencement of duties as a Constitutional Tribunal judge has occurred," - emphasized Zbigniew Bogucki.

"Obvious Violation of the Law"

"The President of the Republic of Poland unequivocally points out that any attempt by the indicated four individuals to proceed with the actions they have announced outside the procedure stipulated in the current legal provisions, particularly by bypassing the requirement to take an oath before the President of the Republic of Poland, would constitute an obvious violation of the Act of November 30, 2016, on the status of judges of the Constitutional Tribunal. It would also be an action directly aimed at depriving the constitutional state organ of the ability to exercise its statutorily defined competences, and thus at questioning the role granted by law to the President of the Republic of Poland in the procedure of assuming the office of a Constitutional Tribunal judge," - stated the Head of the Presidential Chancellery.

"Such conduct would directly and flagrantly violate the principle of legality expressed in Article 7 of the Constitution of the Republic of Poland, according to which public authorities act on the basis and within the limits of the law, the principle of a democratic state governed by the rule of law expressed in Article 2 of the Constitution, and the principle of the separation of powers defined in Article 10 of the fundamental law. No organ or person participating in the exercise of public functions may undertake actions that produce systemic effects without an explicit legal basis," - emphasized Zbigniew Bogucki.

"Furthermore, an action consisting of a conscious and ostentatious circumvention of the statutory procedure for taking the oath would undermine not only the statutorily defined procedure but also the foundations of the Polish state system. It would constitute a questioning of the competences assigned by law and the Constitution to the President of the Republic of Poland, who has been elected by the Nation and exercises his office, legitimizing himself with a direct democratic mandate arising from Articles 4 and 126 of the Constitution," - we read in the statement.

"The Role of the Sejm Ends with the Election"

"It should also be emphasized that the role of the Sejm in the process of selecting a person for the position of a Constitutional Tribunal judge ends with the election. The next stage foreseen by law is taking the oath before the President of the Republic of Poland. As unequivocally confirmed by the Constitutional Tribunal in its judgment of December 3, 2015, case number K 34/15, this action may – and in exceptional, constitutionally justified circumstances even must – be postponed if there is a need to clarify objective and legally relevant doubts," - stated the Head of the Presidential Chancellery.

"The President of the Republic of Poland unequivocally points out at the same time that if individuals elected by the Sejm to the office of Constitutional Tribunal judge undertake actions other than taking the oath before the President of the Republic of Poland, these actions will have to be assessed as a conscious and open violation of the law. Such conduct would undermine the quality of unimpeachable character, which is one of the fundamental prerequisites for holding the office of a Constitutional Tribunal judge," - announced Bogucki.

"One cannot accept a situation where a person aspiring to hold a judicial office demonstratively rejects the binding legal order and attempts to create their own procedure for assuming office, devoid of statutory basis. Consequently, a clear and conscious breach of the law by such persons would have to be taken into account in further assessment of the possibility of the President of the Republic of Poland receiving the oath from them," - we read in the statement.

"Such Actions Should Be Treated as a Refusal to Take the Oath"

"Moreover, such ostentatious and conscious actions contrary to the law should be treated as a refusal to take the oath in the manner provided for in Article 4(1) of the Act on the status of judges of the Constitutional Tribunal. The law does not provide for any alternative way of effectively taking the oath, and attempts to replace the statutory procedure with another form must be assessed as a refusal to submit to the existing law," - emphasized the Head of the Presidential Chancellery.

"Such a refusal results in the effect directly provided for in Article 4(2) of the aforementioned Act, according to which a refusal to take the oath is equivalent to renouncing the office of a Constitutional Tribunal judge," - he concluded.

Oświadczenie Szefa Kancelarii Prezydenta RP w odniesieniu do wyrażonej na piśmie zapowiedzi pani Anny Korwin–Piotrowskiej, pana Krystiana Markiewicza, pana Macieja Taborowskiego i pana Marcina Dziurdy, podjęcia działań pozbawionych podstawy prawnej, mających w istocie doprowadzić… pic.twitter.com/SdpBhL0GPf

— Kancelaria Prezydenta RP (@prezydentpl) April 9, 2026