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 on Tuesday that "the statutory provision of the President's role in the oath-taking procedure does not ... confer upon the President a power to refuse to receive the oath or to delay the swearing-in."
It added that "the President does not have any discretionary power in respect of the oath taking: he or she is legally required to administer it ... It is an obligation of the President to receive the oath without undue delay."
The Venice Commission said that Nawrocki should swear in judges chosen by parliament "without claiming any power to review the election procedure."
If he refuses or delays, it said, judges should be allowed to take the oath "without the President’s physical participation, provided that its essential elements are preserved, including that the oath is made in the prescribed form, its performance is duly verified, and it is addressed and transmitted to the President."
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 Poland's PAP news agency that the opinion carries "no legal force," adding that the constitution and statutes are the sources of law in Poland.
Five judges elected by lawmakers are awaiting their oaths.
Four of them, chosen in March, were never invited by Nawrocki, whose office has said the parliamentary vote contained errors. They took an oath in parliament on April 9 and have not taken up their posts, with Constitutional Tribunal head 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.
The Venice Commission’s opinion was requested by the Monitoring Committee of the Parliamentary Assembly of the Council of Europe.
(jh/gs)
Source: PAP, rm.coe.int