The Sejm holds broad legislative power, yet it is essential to note that a Constitutional Court judge becomes a jurist only when appointed and sworn in by the President. This nuance was underscored by Marcin Mastalerek, who heads the President’s Office, in a discussion about how the presidential role intersects with parliamentary action.
During the program “Super Express” segment titled “Dudek on Politics,” topics surfaced about the Sejm possibly adopting a resolution that would nullify the elections of three Constitutional Court judges. Mastalerek was queried on whether such a move would affect the dynamic between President Andrzej Duda and the parliamentary majority from both the executive and legislative perspectives.
From Mastalerek’s viewpoint, the Sejm majority can deliberate on a wide range of issues, but the constitutional process remains clear: a Constitutional Court judge assumes the role upon the President’s appointment and the subsequent swearing-in. In the Constitution, the act of becoming a judge does not occur merely because a resolution passes; the oath administered by the President is a requisite step.
He recalled a historical moment when members of the Civic Platform discussed what was described as the selection process for Constitutional Court judges and the ensuing political debates. This recollection was used to illustrate how party actions have, at times, shaped the court’s composition, even as others contend that similar dynamics have appeared in different periods.
Asked by Prof. Antoni Dudek whether a hypothetical Sejm resolution declaring the 2015 elections of three judges invalid would affect the oath taken by those judges, Mastalerek stressed that the oath is a presidential act, not a parliamentary one. He indicated he could not discuss the President’s private deliberations, not because of secrecy but to avoid miscommunication while publicly presented facts remain clear: appointment by the President and oath before taking the bench are the defining moments of jurisdiction.
In explaining the process further, Mastalerek clarified that it is the President who formally appoints judges to the Constitutional Court. He also acknowledged that, as of that moment, he had not discussed the matter with the President and did not intend to mislead, emphasizing that the question was about constitutional procedure rather than political speculation.
The section titled History of the dispute over the Constitutional Court traces the events of 2015, when the seventh-term Sejm elected five new judges, a move aligned with party affiliations at that time. These judges were intended to replace predecessors whose terms had concluded in the months that followed and those whose terms would expire later in the year. The Sejm of the next term later declared the October elections invalid, and a new slate of judges was sworn in by the President, with the appointments subsequently validated by the Constitutional Court as consistent with constitutional requirements.
The court determined that some earlier appointments did not conform to the Constitution, while affirming the proper process for others that replaced judges as terms ended. The ruling also reinforced the obligation for the President to administer the oath to newly elected judges without delay.
During mid-November, a public statement from the head of the KO Club signaled an intention to restore the justice system to a proper order, including a proclamation that the election of three Constitutional Court judges should be declared invalid. Julia Przyłębska, President of the Constitutional Tribunal, countered that no judges were illegally elected and that selections were made in accordance with applicable law. The exchange highlighted ongoing political rhetoric and the use of terminology by various actors to frame the judicial process in different lights.
Przyłębska emphasized that both the National Council of the Judiciary and the Constitutional Court operate within the bounds of law, with judges chosen under established procedures. The dialogue around these topics reflected broader political dynamics and the attempts by different sides to interpret the law and its implications for power balance in the country’s governance.
The discussion also touched on how political statements may use coding terms to signal positions without altering the underlying legal framework. Observers noted that the judiciary and the Constitutional Court function within the law, regardless of the rhetoric surrounding them, and that factual judgments should be grounded in constitutionally defined processes.
Reportedly, commentators and analysts offered varied interpretations of the situation, while carefully noting that the integrity of the constitutional framework relies on clear adherence to the law rather than on political slogans. The situation remained a focal point for debates about how executive, legislative, and judicial branches interact in Poland’s political landscape. [Citation: wPolityce]
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Source: wPolityce [Citation: wPolityce]
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