Disciplinary proceedings in the Constitutional Tribunal. The case of judges refusing to adjudicate

The announcement on the Tribunal's website shows that the proceedings were initiated following a request from one of the judges. Applies to, among others: "submitting a report by two judges about no crime committed by the Constitutional Tribunal's employees and failure to perform judicial duties by refusing to adjudicate and participate in meetings of the General Assembly of Judges of the Constitutional Tribunal."

The assessment of the validity of the presented circumstances and possible allegations will be made during the proceedings by the disciplinary spokesman and then by the disciplinary court. These proceedings may end with the most severe ruling of the disciplinary court in the form of submitting the above-mentioned judges of the Constitutional Tribunal ex officio - informs the Constitutional Tribunal.

Yesterday, the prosecutor's office brought charges against the head of the Chancellery of the Constitutional Tribunal and the Commander of the Tribunal Guard. This concerns the issue of preventing four people elected as judges of the Constitutional Tribunal from adjudicating.

Zofia H. and Piotr P. did not plead guilty to the acts accused of them and refused to provide explanations. They were not temporarily arrested.

Some judges took their oath at the president's, and some in the Sejm's Column Hall

In March, the Sejm elected six judges of the Constitutional Tribunal: Magdalena Bentkowska, Dariusz Szostek, Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda and Anna Korwin-Piotrowska. So far, however, two of them have been allowed to adjudicate - judges Bentkowska and Szostek, from whom President Karol Nawrocki took the oath.

The remaining four judges in that group were not allowed to rule. On April 9, during a ceremony in the Parliament's Column Hall, they took an oath stating that they were doing it "towards the president." Then they submitted written oaths to the office of the Chancellery of the President of the Republic of Poland. However, they did not take up offices in the Constitutional Tribunal because the president of the Tribunal, Bogdan Święczkowski, pointed out that the events in the Sejm with their participation could not be considered an oath "towards the president". The situation of these four judges is still under dispute.

In June, Sławomir Patyra was elected as a judge of the Constitutional Tribunal, and the president took the oath of office at the end of July. However, the judge stated that he would not participate in any procedures related to adjudicating in the Constitutional Tribunal until the four judges elected by the Sejm in March were allowed to adjudicate.