President Karol Nawrocki Excludes Four Elected Judges from Constitutional Tribunal Oath

Polish President Karol Nawrocki invited only two of the six newly elected Constitutional Tribunal judges to take their oath at the Presidential Palace on Wednesday, April 1, 2026, leaving the remaining four without invitations. The two invited judges are Magdalena Bentkowska, recommended by the Polish People's Party, scheduled for 11:00 AM, and Dariusz Szostek, recommended by Polska 2050, scheduled for 11:30 AM. The decision was first reported by TVN24's "Fakty" journalist Katarzyna Kolenda-Zaleska and subsequently confirmed by both judges in statements to Polish media. The four judges who did not receive invitations — Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, all recommended by the Civic Coalition, and Anna Korwin-Piotrowska, recommended by the Left — were elected by the Sejm in the same procedure on March 13, 2026. The Presidential Chancellery had not officially commented on the decision as of Tuesday evening.

Chancellery cites 48-hour election process as flawed The Presidential Chancellery had previously raised procedural doubts about the election of all six judges, with presidential spokesperson Rafał Leśkiewicz pointing specifically to the speed of the process. „Everyone will probably agree that judges of the most important Court are not elected in 48 hours. If the Marshal of the Sejm announces a competition for Constitutional Court judges at noon on Monday and sets the deadline for Wednesday, after which a very quick vote takes place among those candidates indicated by the ruling coalition — where there is not a single constitutionalist — then the matter must be looked at closely” — Rafał Leśkiewicz via Niezalezna.pl Presidential advisor Sławomir Mazurek described Nawrocki's move as the start of a process to fill vacancies in the Tribunal, framing it as necessary to restore the institution's functioning. „The actions of the current government have led to paralysis and, in fact, to direct violation of the constitution through these actions related to paralyzing the functioning of the Constitutional Tribunal. The Tribunal must finally function. We need the rule of law precisely in this area” — Sławomir Mazurek via wpolityce.pl Mazurek declined to comment on the situation of the four judges who did not receive invitations. The Polska 2050 party chairwoman and Minister of Funds and Regional Policy Katarzyna Pełczyńska-Nałęcz accused the president of attempting to divide the coalition by selectively inviting judges recommended by PSL and Polska 2050 while excluding those backed by the Civic Coalition and the Left.

Tusk vows all six judges will begin work regardless Prime Minister Donald Tusk, asked about the presidential decision during a press conference held alongside Irish Prime Minister Micheal Martin, responded with pointed brevity before pledging that the government would find a way to ensure all six judges begin their work. „Oh, what a surprise. No, I am not surprised. But as I have already said, we will find a way for these judges to be able to start work” — Donald Tusk via Fakt24.pl Tusk stated that the government holds the position that the president has no discretionary power in this matter, describing the swearing-in as a constitutional obligation rather than a presidential prerogative. „This is not a matter of the president's whim. They were elected and they are judges. One way or another, they will take the oath” — Donald Tusk via Fakt24.pl The ruling coalition announced it has a contingency plan, with one reported option being the swearing-in of the four remaining judges before the National Assembly, the combined chambers of the Sejm and Senate. Civic Coalition MP Michał Szczerba characterized the president's selective approach as an "usurpation of powers," arguing that the president has no procedural role in the process and that all six individuals already hold the status of judges from the moment of their Sejm election.

Invited judge says refusing oath equals resignation Dariusz Szostek confirmed to Onet that he would attend the ceremony, stating he could not imagine any other decision. „Of course, I am going to the Presidential Palace. I cannot imagine any other decision. Refusing to take the oath before the president is equivalent to resigning from being a judge of the Constitutional Tribunal” — Dariusz Szostek via Do Rzeczy Szostek declined to evaluate the president's decision from a political standpoint, saying it was not the role of a judge to do so, while expressing his belief that Nawrocki would ultimately also swear in the remaining four judges. Attorney Magdalena Bentkowska also confirmed her attendance at the ceremony. Legal analysts cited in Rzeczpospolita noted that the prevailing view among Polish lawyers holds that Constitutional Tribunal judges acquire their status at the moment of Sejm election, with the swearing-in serving as a condition for admission to adjudication rather than a constitutive act. The same analysis noted that blocking four judges from taking office exposes Nawrocki to accusations of failing to fulfill his constitutional duties, with potential consequences including proceedings before the State Tribunal. Rzeczpospolita also noted that the Tribunal currently has only nine of its fifteen seats filled, and that two additional judges would bring it closer to the quorum of ten needed for a General Assembly — a body required to consider cases of the highest constitutional significance.

Poland's Constitutional Tribunal has been at the center of a prolonged institutional dispute since 2015, when the then-ruling Law and Justice party began a series of moves that critics said undermined the court's independence. The current ruling coalition, which took power in late 2023 under Prime Minister Donald Tusk, has sought to restore what it describes as the rule of law, including through new appointments to the Tribunal. The Sejm elected six new judges on March 13, 2026, in a procedure that drew criticism from the opposition and the Presidential Chancellery over its speed. According to Rzeczpospolita, the Tribunal today has only nine adjudicating judges out of fifteen seats, and a precedent for presidential delay in swearing-in judges exists: President Lech Kaczyński took the oath from judge Lidia Bagińska only after several dozen days of delay in 2007.

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