There is an opinion of the Venice Commission on the Constitutional Tribunal. The president's spokesman responds

On Tuesday, the opinion of the Venice Commission - an advisory body of the Council of Europe - regarding the procedure for taking the oath of judges of the Constitutional Tribunal elected by the Sejm came to light. The commission recommended that the president immediately take the oath of office from new judges, without interfering in the procedure of their election. In the event of a refusal or delay on the part of the head of state, the Commission suggests making it possible to take the oath without the physical presence of the president, while maintaining all formal requirements.

The position of the Presidential Palace

The president's spokesman, Rafał Leśkiewicz, in an interview with the Polish Press Agency, firmly emphasized that the opinion of the Venice Commission is not a source of law in Poland. The Commission has only advisory powers. The opinions it issues are not a source of law in Poland - the constitution and laws are, and they determine the scope of competences and prerogatives of the President of the Republic of Poland. The president is the guardian of the constitution, he acts on the basis of its provisions and within the framework of applicable laws, Leśkiewicz noted.

Five people elected by the Sejm as judges of the Constitutional Tribunal this term are currently waiting to be sworn in by the president: Krystian Markiewicz, Marcin Dziurda, Anna Korwin-Piotrowska, Maciej Taborowski and Maciej Berek. In the case of four of them, there is an ongoing dispute over competences, which is to be resolved by the Tribunal itself. The president's spokesman reminded that until the Constitutional Tribunal makes a decision, there will be no action by the head of state regarding their oath.

Controversy surrounding the oath

Four of the new Constitutional Tribunal judges, who were not invited by the president to take the oath, decided on a symbolic gesture - they took the oath in the Column Hall of the Sejm, submitting written rotas to the Chancellery of the President. However, the President of the Tribunal, Bogdan Święczkowski, found that such action did not meet the requirement of taking an oath "before the president".

Meanwhile, President Nawrocki took the oath of office from Magdalena Bentkowska and Dariusz Szostek, as well as from Sławomir Patyra, elected in June.

What next with the oath?

In the case of Maciej Berek, elected as a judge of the Constitutional Tribunal in September, the president's spokesman indicates that it is still necessary to submit documents confirming the required professional experience. Leśkiewicz emphasized that the opinion of the Venice Commission does not influence the president's decisions, the actions of parliament or the judgments of Polish courts.

The opinion was requested by the PACE Monitoring Committee - one of the key bodies of the Parliamentary Assembly of the Council of Europe, responsible for monitoring compliance with obligations by member states.