Judge Stanisław Biernat: It is not the president who shapes the composition of the Constitutional Tribunal
The article discusses the upcoming process of appointing judges to Poland's Constitutional Tribunal, highlighting the political nature of the selection process and its recent failures.
The article focuses on the impending procedure for nominating candidates for judges of Poland's Constitutional Tribunal, with several judicial positions currently vacant. There have been multiple failed attempts to elect judges due to the inability of any candidate to secure the required absolute majority among the MPs. The political decisions made by the parties represented in the Sejm regarding candidate nominations and voting procedures are emphasized, suggesting that this aspect of the process is heavily influenced by political maneuvering.
Moreover, the article points out the heightened interest in legal solutions related to judicial appointments, especially considering past controversies that arose during the selection process. Among these contentious issues is the oath-taking procedure for judges elected by the Sejm, which came to a head in 2015 when President Andrzej Duda refused to endorse newly appointed judges, creating a significant constitutional crisis. The implications of these precedents on the current political atmosphere and the future of judicial independence in Poland are profound.
Finally, there are expectations that the next attempt to elect judges may succeed, given that recent media reports suggest a shift in the political dynamics of the ruling parties. This changing landscape could lead to a new framework for these elections, fostering hope for a resolution to the ongoing stalemate and reinstating the functionality of the Constitutional Tribunal, which is crucial for Poland's legal integrity and democratic process.