Święczkowski described the actions of the ruling coalition and government towards the Constitutional Tribunal as an ongoing “constitutional coup”, alleging that the government was gradually trying to change Poland’s political system.
He said he met Nawrocki at the Tribunal on Wednesday. According to Święczkowski, the president had said that, "as guardian of the constitution," he would prevent an "attack on the constitution and state institutions."
Święczkowski expressed hope that the president had a plan to support the Tribunal’s continued functioning and its ability to adjudicate.
Maciej Berek, elected by the Sejm as a Tribunal judge in early September, took an oath in parliament on Wednesday using the wording “before the president.” Nawrocki did not attend the ceremony.
Berek subsequently submitted the oath documents to the President's Office and visited the Tribunal, where Święczkowski did not allow him to adjudicate.
President Karol Nawrocki said in a post on X on Wednesday that judges cannot take their oath without his participation, warning that anyone attempting to "bypass the constitutional procedure" must face "responsibility for their decisions."
Berek was the eighth judge elected to the Tribunal by the current Sejm. Nawrocki has not received the oaths of five of those elected: Berek and four judges chosen in March. The four previously elected judges took their oaths in the Sejm in April and submitted notarised documents to the President's Office.
On Tuesday, the Venice Commission recommended allowing a judge elected by parliament to take the oath without the president’s physical presence if the president refuses or delays receiving it.
Prime Minister Donald Tusk said on Wednesday that the judges had been elected lawfully and accused Nawrocki of failing to execute his constitutional duties by refusing to receive oaths from judges including Berek.
Święczkowski said he accepted the documents despite not recognising Berek as a Tribunal judge, in order to protect Tribunal office staff from being drawn into legal proceedings.
He said the documents would be placed ad acta until Berek took the oath before the president or the constitutional dispute over competences was resolved.
(sp)
Source: PAP