European Court Orders Polish Constitutional Tribunal to Accept Judges Rejected by President
The court said Poland must clear legal obstacles after the Sejm elected six judges and President Karol Nawrocki refused to swear in four.
- On Wednesday, the European Court of Human Rights issued an interim measure requiring Poland's Constitutional Tribunal to accept four judges that President Karol Nawrocki refused to swear in.
- In March, the Sejm elected six new judges to the 15-person tribunal, but Nawrocki invited only two to take their oaths, citing doubts over the legality of the election.
- After Nawrocki rejected them, the four judges performed an alternative swearing-in ceremony in parliament, but the Constitutional Tribunal's chief justice subsequently blocked them from beginning their terms.
- Prime Minister Donald Tusk said the ruling must be enforced, while Zbigniew Bogucki, the president's chief of staff, claimed the ECHR "does not have the authority" to rule.
- Bogucki noted that Nawrocki filed a motion to the TK last month requesting a ruling on whether the judges should be accepted, asserting the dispute remains suspended pending resolution.
12 Articles
12 Articles
Poland's President Nawrocki refuses to swear new constitutional judges to re-examine the Tribunal. The European Court of Human Rights stands by its side.
The European Court of Human Rights in Strasbourg has issued a so-called "injunction." Polish authorities are to refrain from any actions that could hinder the assumption of office and the performance of duties by new Constitutional Tribunal judges. The decision takes immediate effect. The case concerns Judge Anna Korwin-Piotrowska and Professors Marcin Dziurda, Krystian Markiewicz, and Maciej Taborowski. All four took their oaths in the Sejm (lo…
The European Court of Human Rights issued an injunction ordering judges to "refrain from obstructing the assumption and performance of their duties by Constitutional Tribunal judges." This applies to four judges whom the President of the Constitutional Tribunal does not allow to adjudicate.
"The only body competent to resolve jurisdictional disputes is the Constitutional Tribunal," said Zbigniew Bogucki, head of the Chancellery of the President of the Republic of Poland, when asked about the ECtHR's safeguards regarding the four Constitutional Tribunal judges. "The matters of oath-taking are suspended until the dispute is resolved."
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