Poland's Constitutional Tribunal Chief: Appointed Judges Are Not Judges

Bogdan Święczkowski, president of Poland's Constitutional Tribunal, has responded to the European Court of Human Rights (ECHR) concerning judges appointed by the Sejm earlier this year. The ECHR had issued a provisional measure ordering Poland to stop hindering the judges, who were selected by the Sejm in March, from taking up their positions.

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The applicants have taken their oaths and are judges.

This ECHR decision stemmed from a case filed by four judges who were prevented from serving. They were given until early June to submit a formal complaint to the European court. Święczkowski's letter, dated May 28, directly addresses the ECHR's "interim order" in the case of Dziurda and others v. Poland.

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I am forced to submit the following information.

In his correspondence, Święczkowski cited media reports suggesting the Polish government informed the ECHR that the applicants had taken their oaths and were indeed judges. However, he asserted that the Constitutional Tribunal is not obstructing anyone's duties, as, in his view, these individuals are not judges. He explained that their inability to assume their roles is a consequence of failing to establish a legal employment relationship as judges, despite being among the six individuals elected by the Sejm in March.

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the applicants are not judges.