MAIN POINTS
1
On April 9, 2026, in the building of the Sejm of the Republic of Poland, in the presence of the Speaker of the Sejm, Włodzimierz Czarzasty, from The Left Party (which is part of Donald Tusk’s governing coalition), and in the absence of the President of the Republic of Poland, Karol Nawrocki, six persons elected as judges of the Constitutional Tribunal on March 13 of this year took the oath of office. Among them, two—Magdalena Bentkowska and Dariusz Szostek—had already taken a valid oath before the President of the Republic of Poland, Karol Nawrocki, on April 1.
2
The conduct of four individuals who, after the oath had been read out in the Sejm, demanded to be allowed to adjudicate in the Constitutional Tribunal, may, in the opinion of the Chancellery of the President of the Republic of Poland, be considered a refusal to take the oath before the President of the Republic of Poland, which, under the law, is tantamount to relinquishing the office of a judge of the Tribunal. In turn, the active participation in the entire event by the two individuals who had already been validly sworn in may expose them to the risk of disciplinary liability.
3
Justice Minister Waldemar Żurek issued unspecified threats should 4 people be barred from taking office as judges of the Constitutional Tribunal. However, allowing those very individuals who have not taken the oath required by law before the President of the Republic of Poland would be illegal and would expose the President of the Constitutional Tribunal to legal consequences.
As we have already written, on March 13, 2026, the Sejm of the Republic of Poland elected 6 people to positions as judges of the Constitutional Tribunal. This choice raised some concerns, which were extensively discussed in a detailed analysis by the Ordo Iuris Institute. These concerns are particularly significant given that, at the same time, before the Constitutional Tribunal, proceedings to examine whether the current procedure for appointing judges of the Constitutional Tribunal complies with the Constitution of the Republic of Poland are pending.
In light of the above circumstances, the President of the Republic of Poland twice—on March 18 and 23—raised concerns with the Speaker of the Sejm about the conduct of the entire selection procedure, requesting that they be addressed.
However, the Speaker did not respond to the President’s summons, but limited himself to a general statement in which he stated that the selection was made in accordance with the law, after which he appealed to the President to take:
immediate steps to enable the persons elected by the Sejm of the Republic of Poland on March 13, 2026, to assume office as judges of the Constitutional Tribunal in the judicial positions that had previously been vacant.
Soon, other government officials adopted an even more confrontational stance. On March 26, 2026, Prime Minister Donald Tusk explicitly announced his intention to break the law:
The judges will be sworn in. If the president doesn’t want to be present for this, well then, there’s nothing I can do about it. They’ll be judges either way.
Meanwhile, President Karol Nawrocki, without waiting for the Constitutional Tribunal to issue a ruling, on April 1 unexpectedly invited two people elected by the Sejm—Magdalena Bentkowska and Dariusz Szostek—to take the oath to assume office as judges of the Constitutional Tribunal. The main reason given for this decision was that, for the Constitutional Tribunal (CT) to adjudicate in full bench, in accordance with Article 37(2) of the Act on Proceedings before the Constitutional Tribunal, at least 11 judges are required—exactly as many as the bench will comprise after two oaths are taken.
An open declaration of lawlessness
Meanwhile, on March 8 the media received information that the persons selected by the Sejm had allegedly sent the day before (March 7) to the President of the Republic of Poland, Karol Nawrocki, an invitation to a “ceremonial swearing-in” that was to take place the following day in the Sejm building.
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Source of cover photo: iStock
