Six judges selected in March recently took their oaths during a ceremony in the Sejm. Following the ceremony, they submitted written oaths to the President via the KPRP registry office before proceeding to the headquarters of the Constitutional Tribunal (TK).
However, the process has resulted in a split regarding who can actually assume their duties. President Karol Nawrocki had already formally accepted the oaths of two judges, although the remaining four submitted their oaths in writing.
Administrative Divide in the Tribunal
TK President Bogdan Święczkowski confirmed that only the two judges who swore their oaths directly before the president—Dariusz Szostek and Magdalena Bentkowska—have officially taken office.
Four other appointees, Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska, have not yet assumed their positions. In response, Judge Markiewicz has submitted a formal request to President Święczkowski to be allowed to perform his official duties.
Public Opinion and Political Polarization
The issue of the presidential oath has highlighted a sharp divide among the Polish electorate. While 56.6% of respondents support the formal acceptance of the oaths, 26.2% oppose it, and 17.2% remain undecided.
The disparity is most evident when viewed through political affiliations. Among supporters of the governing coalition (KO, Third Way, and the Left), 97% expect the president to accept the oaths. Conversely, over half of opposition voters (PiS, Confederation, Crown of Poland, and Razem) believe President Nawrocki should not do so.
Adding to the political tension, PSL MP Sawicki stated he would not support the current direction, citing that the Ministry of Interior and Administration (MSWiA) is delaying the implementation of a CJEU ruling regarding the recognition of same-sex marriages due to a lack of consensus within the government coalition. Read more on Wyborcza.pl.
Potential Next Steps
The current impasse could be resolved if President Święczkowski grants the request made by Judge Markiewicz, potentially allowing the four judges to begin their duties despite the lack of a formal ceremony with the president.
Alternatively, President Karol Nawrocki may choose to formally accept the written oaths, which could align the Tribunal’s composition with the expectations of the governing coalition’s voters. However, given the opposition’s stance, such a move may continue to fuel political debate.
Frequently Asked Questions
Which judges have officially taken office in the TK?
Only Dariusz Szostek and Magdalena Bentkowska have taken office, as they are the only two who submitted their oaths directly to President Karol Nawrocki.
What is the position of the governing coalition’s voters on this issue?
An overwhelming 97% of voters supporting the governing coalition (KO, Third Way, and the Left) believe the president should formally accept the oaths of the remaining judges.
Who are the four judges currently unable to assume their positions?
The judges who have not yet taken office are Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska.
Do you believe that a written oath should be sufficient for a judge to assume their official duties?
