In a video posted on X, Tusk said the Council of Europe’s advisory body issues opinions on constitutional matters for more than 60 countries. “The Venice Commission’s assessments are respected by everyone, except by President Nawrocki”, he said.
The commission said Tuesday the president should swear in judges chosen by the Sejm “without claiming the right to control the electoral procedure”. If he refuses or delays, it said, judges should be allowed to take the oath without his presence, provided the essential elements are preserved and the oath is delivered to him.
Tusk backed that approach. “The judges should take the oath without his presence and send him only information that the oath has been taken”, he said.
Presidential spokesman Rafał Leśkiewicz told the Polish Press Agency (PAP) the opinion carries no legal force, adding that the constitution and statutes are the sources of law in Poland.
Five Sejm-elected judges are awaiting their oaths. Four of them, chosen in March, were never invited by Nawrocki, whose office has said the Sejm vote contained errors. They took an oath in parliament on 9 April and have not taken up their posts, with Tribunal President Bogdan Święczkowski refusing to recognise the ceremony. The fifth, Maciej Berek, was elected in September and has not been invited.
Nawrocki did invite two other judges chosen in March, as well as Sławomir Patyra, elected in June, and swore them in.
Tusk also turned to a dispute over ambassadors. In an interview with the daily Rzeczpospolita on Tuesday, Nawrocki said he would resume talks, but only with Tusk and not with Foreign Minister Radosław Sikorski.
“The government appoints ambassadors, and the president in exceptional situations may refuse to sign, but it is not a subject of negotiations”, Tusk said. Government spokesman Adam Szłapka had earlier said the prime minister would not yield to “any blackmail by the president”.
Tusk said the same applies to promotions in the security services, which the president should not refuse “wholesale”.
“Mr President, you are doing no one a favour”, Tusk said. “It is your duty to uphold the constitution”.
The Venice Commission’s opinion was requested by the Monitoring Committee of the Parliamentary Assembly of the Council of Europe.
(jh)
Source: PAP