Venice Commission: judges of the Constitutional Tribunal can take their oath without the president

The European Commission for Democracy through Law, known as the Venice Commission, allows judges of the Constitutional Tribunal to take their oath without the president being physically present. The opinion was adopted at a plenary session in Venice on Friday, 9 October, and published on Tuesday. This is possible if the president refuses or delays the oath ceremony.

The dispute concerns six TK judges elected by the Sejm on 13 March. President Karol Nawrocki took the oath only from Dariusz Szostek and Magdalena Bentkowska, deeming that procedural requirements had not been met for the other four. These four took the oath in the Sejm and sent written texts to the Chancellery of the President, but TK chairman Bogdan Święczkowski did not admit them to their duties, because the president had not informed of accepting the oath.

The commission recommends that the president promptly accept oaths from judges elected by the Sejm, without claiming control over the election. The ruling coalition and Justice Minister Waldemar Żurek hold that the president cannot selectively assess the Sejm's choice.