Tribunal refers judge to disciplinary spokesperson

On Thursday, 22 October, the Constitutional Tribunal said in a statement on X that judge Magdalena Bentkowska had led Krystian Markiewicz into the judges' section of the building. The Tribunal said she did this while ignoring internal procedure and house regulations. President Bogdan Święczkowski decided to inform the disciplinary spokesperson about the situation. The statement did not name the specific rules Bentkowska was alleged to have broken.

“On 22 October, Judge Magdalena Bentkowska, ignoring internal procedure and house regulations, led Mr Krystian Markiewicz into the judges' section.”

Markiewicz responds

Markiewicz, one of the judges elected by the Sejm in March, told PAP that the referral showed the Tribunal being treated as the private domain of its president. He said Święczkowski knew he was in the building and should have acted directly instead of waiting for him to leave. Markiewicz also said he was surprised that no proceedings had been started against judge Sławomir Patyra, whom he said had entered the judges' section together with Bentkowska and himself.

“This is obviously a conduct that in itself should lead to disciplinary proceedings, possibly against Mr Święczkowski, for taking such steps.”

Markiewicz added a remark aimed at the president's conduct in the matter.

“Next time it might be better if he came himself and showed some courage in this matter.”

Berek's visit and the one-day permission

On Tuesday, 20 October, Maciej Berek, a former minister in Donald Tusk's government, was in the judges' section of the Tribunal. Niezalezna.pl reported that Święczkowski had given a one-time consent for Berek's visit to Bentkowska's office, valid only for 20 October. Berek later posted photographs from inside the Tribunal showing him with Bentkowska, suggesting he would soon begin judicial duties. The Tribunal later said the visit had been approved by Święczkowski, but that entering the rooms did not allow Berek to adjudicate.

Earlier, Święczkowski had blocked Berek's access to the judges' section, saying that people trying to enter those rooms had not been given permission to stay in that zone. Markiewicz, who was with Berek, told Interia that a scuffle had taken place. Święczkowski denied using force and called those reports untrue. Berek accused the president of violating bodily inviolability and referred the matter to prosecutors.

The oath dispute behind the conflict

The Sejm elected six new Tribunal judges on 13 March, including Bentkowska and Markiewicz. Bentkowska and Dariusz Szostek took their oaths before President Karol Nawrocki at the Presidential Palace on 1 April, and the Chancellery had objected to the selection of Markiewicz and three other March appointees, who were not invited. On 9 April, Markiewicz, Marcin Dziurda, Maciej Taborowski and Anna Korwin-Piotrowska took their oaths in the Sejm's Column Hall without the head of state, and the documents were then sent to the Chancellery. Sławomir Patyra, elected in June, also took his oath before Nawrocki, while the Sejm has chosen eight judges in the current term to bring the court to 15.

The Chancellery disputes whether the oaths taken before the Sejm are valid, arguing that they had to be taken in the presence of the head of state. Święczkowski has not admitted the five judges who swore before the Sejm to adjudicate. The sources do not report any outcome yet from the disciplinary referral of Bentkowska.

Sworn before Nawrocki3

Sworn in Sejm only5

Sworn before Nawrocki

3 judges

Sworn in Sejm only

5 judges

Data from the article text