In brief
All five judges, Maciej Berek, Marcin Dziurda, Anna Korwin-Piotrowska, Krystian Markiewicz and Maciej Taborowski, state in their 23 October 2026 statement that none took the oath before the Sejm Marshal, citing notarised oath acts delivered to President Karol Nawrocki.
TK president Bogdan Święczkowski has not admitted the five judges, and the president's request to the Tribunal, filed at the end of April, states the Sejm actions had no legal effect on taking office.
According to oko.press, all judges except Maciej Berek have been unable to adjudicate for months without salary, and Anna Korwin-Piotrowska has no income while her spouse pays her health insurance.
Per oko.press, the Sejm declined to fix the problem and referred the judges to the TK president, and the Foreign Ministry is now to look for a solution.
- MarchFour judges elected by the Sejm to the Tribunal
- SeptemberMaciej Berek elected by the Sejm to the Tribunal
- End of AprilPresident files request to the Tribunal on the oath dispute
- 23 OctFive judges issue statement rejecting the dispute
The oath dispute
Five judges elected by the Sejm to the Constitutional Tribunal (TK) have not been admitted to adjudicate. TK president Bogdan Święczkowski and representatives of President Karol Nawrocki both point to a competence dispute over the judges' oath as the reason. The judges are Maciej Berek, Marcin Dziurda, Anna Korwin-Piotrowska, Krystian Markiewicz and Maciej Taborowski. In a statement dated 23 October 2026, they argue that the dispute does not exist and that the oath was taken solely before the president, not the Marshal of the Sejm.
Why the judges reject the dispute
According to the judges, a competence dispute arises only when more than one body wants to exercise the same power, or when none wants to. They argue the president has no competence in the matter, since the oath is a duty owed to the president and the law assigns him no role in accepting it. Even if he had one, no other body is claiming it. The Marshal of the Sejm, they note, assigns himself no competence over judges' oaths and does not say the oath was made before him. They add that the alleged dispute cannot be resolved without a full Tribunal bench and does not suspend their admission.
The president's position and the Tribunal request
The presidential chancellery holds that the oath taken in the Sejm had no legal effect. Its request to the Tribunal, filed at the end of April, states that the actions carried out in the Sejm produced no legal consequences for taking up the office of TK judge. Neither Nawrocki nor Święczkowski accepts the Sejm ceremonies as a valid oath. The judges' statement accuses Święczkowski and presidential representatives of invoking an unjustified pretext. Wpolityce.pl reports that the president has not confirmed the judges' version of events.
Pay and the wait for admission
According to oko.press, every judge except Maciej Berek, who was elected more recently, has been unable to adjudicate for months and receives no salary. The judges rely on savings and modest pay from university work, and Anna Korwin-Piotrowska has no income at all, with her health insurance paid by her spouse. The same outlet reports that the Sejm, which elected them under the ruling coalition's nominations, declined to resolve the problem and referred them to the TK president, who in its account is unlawfully blocking them. The Foreign Ministry is now to look for a solution. The judges' statement demands that they be admitted to adjudication.