Head of the president’s press office, Marek Magierowski said that the president will not swear in three Constitutional Tribunal judges chosen by parliament in October. Instead, he will receive a formal oath from the fifth judge who was elected by parliament in December with votes from PiS.
The issue concerning the Constitutional Tribunal has been dragging on for more than two weeks.
In November, PiS and Kukiz’ 15 annulled the appointment of all five judges who were chosen by the previous parliament in October. PiS argued that two of them had been nominated prematurely to replace judges whose terms were due to end in December. Last week, the Sejm, with votes from Law and Justice (PiS), voted in five new Constitutional Tribunal judges presented by PiS.
The following day, the Constitutional Tribunal ruled that a paragraph of the amendment to the law on the Constitutional Tribunal, adopted by the Sejm in June on the basis of which two out of five judges were elected in October, was not constitutional The choice of the remaining three is valid. Thus, the Constitutional Tribunal obliged the president to swear them in.
Magierowski explained that had the president done so, the number of Constitutional Tribunal judges would be unconstitutional.