The article discusses the constitutional custom of judges taking oaths before the president of Poland, emphasizing that it is based on longstanding tradition rather than a legal mandate. According to legal experts like Professor P. Mikuli, constitutional customs are unwritten norms that relate to politics rather than law, and thus don’t carry the weight of universally binding legal statutes. This means that the public oath-taking ceremony does not strictly require the president's presence or a specific format to be legally valid.

The author argues that various elements associated with this ceremony, such as whether the oath is taken orally or if it occurs at the Presidential Palace, fall within the domain of tradition rather than legal obligation. This distinction highlights that a deviation from customary practices would not undermine the legal validity of the judges' actions, provided that the essential legal requirements for their appointment and oath-taking are met.

This discussion has broader implications for Polish constitutional law and the role of customary practices in state affairs. It suggests that as long as the critical components of judicial appointment are fulfilled, the formalities often associated with them, such as the president's involvement, can be viewed as flexible rather than immutable requirements. This perspective could influence future debates about judicial ceremonies and the expectations surrounding them in Poland.