Taking the oath without the president? The Venice Commission suggests a solution

The committee's recommendation states that the oath must be administered in an appropriate form and duly confirmed by a notarial deed presented to the president.

This option can be used if the president refuses or delays conducting the judge's swearing-in ceremony.

In its position, the Commission also indicated that it should be ensured that the president immediately takes the oath of office from Constitutional Tribunal judges elected by the Sejm, without claiming the right to electoral control.

More information coming soon…

Dispute over new judges of the Constitutional Tribunal

The dispute concerns the oath taken by six Constitutional Tribunal judges elected by the Sejm on March 13. President Karol Nawrocki took the oath only from Dariusz Szostek and Magdalena Bentkowska, considering that in the case of the remaining four, procedural requirements had not been met.

The ruling coalition and Justice Minister Waldemar Żurek are of the opinion that the president cannot selectively assess the choice made by the Sejm; four judges took the oath in the Sejm and submitted their written orders to the Chancellery of the President. However, the President of the Constitutional Tribunal, Bogdan Święczkowski, did not allow them to perform their duties, pointing to the lack of information from the president about taking the oath.

What is the Venice Commission?

The Venice Commission is the common name of the European Commission for Democracy through Law. It is an advisory body to the Council of Europe - an international organization that deals with, among others, protection of human rights, democracy and the rule of law.

It was established in 1990. Its headquarters is in Venice, hence the commonly used name.