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The author r00t🇪🇺 accused Bogucki of selective representation of the Constitutional Tribunal's ruling from December 3, 2015, in case K 34/15. He pointed out that Article 194, paragraph 1 of the Constitution entrusts the Sejm with the election of judges of the Tribunal, while the obligation to take an oath before the President results from the law. He referred to points 8.5.1, 8.5.3, and 8.6 of the justification. As he wrote, the Tribunal considered the oath to be an element added by the legislator to the constitutional procedure, and its acceptance by the President was regarded as an obligation. He added that the Tribunal questioned the interpretation of provisions that would not foresee the immediate taking of an oath. The author assessed that the President does not approve the choice made by the Sejm and cannot, based on statutory competence, co-decide on the composition of the Tribunal. He accused Bogucki of omitting parts of the ruling and using it to provoke opposition to the government and to present its actions as an attack on the constitutional order. Referring to Karol Nawrocki, the author reminded that Article 126, paragraph 1 of the Constitution defines the President of the Republic of Poland as the highest representative of the state and the guarantor of continuity of power, while paragraph 3 indicates that he performs his tasks on the principles specified in the Constitution and laws. He wrote that using the authority of the Constitution to justify a political position does not correspond to those obligations. #Konstytucja #Prawo #Polityka (translated)

Waldemar criticized the statements about the constitutional crisis and the possibility of the state being taken over by Czarzasty. He argued that the constitution provides that in case the president is unable to act, his duties are performed by the Marshal of the Sejm, and reminded that Nawrocki had previously expressed a similar position. According to Waldemar, Berek and the others took an oath because the president refused, and the Venice Commission allowed for other solutions when the president blocks actions. The author pointed out that the opponents of this decision used offensive terms and referred to the "strength of the nation." Przydacz, as Waldemar reported, raised the alarm that the Constitutional Tribunal might soon declare Nawrocki unfit to perform his duties. Waldemar assessed that the critics reacted with panic because they were losing control over the Tribunal, which they had treated as their property for years. He added that it was not Czarzasty who abdicated or was lost, but his opponents who had weakened the Tribunal for years and were now screaming about succession and the use of force. He appealed for them to apply the constitution regardless of whether its provisions suited them. #Konstytucja #Polska #Prawo (translated)

Zbigniew Bogucki wrote that the dispute regarding the Constitutional Tribunal concerned, in his opinion, fundamental principles of law and the Constitution, and not the defense of specific individuals or parties. He claimed that the government wanted to forcibly introduce to the Tribunal individuals who had not taken an oath before the President of the Republic of Poland, but had taken it in the Sejm before the Marshal of the Sejm, under the protection of the Marshal's Guard and on political indication. Bogucki assessed that such actions violated fundamental principles of law and the Constitution. He also accused that the ruling of the Constitutional Tribunal from December 2015, case no. K 34/15, was not being respected. As he wrote, this ruling indicated that the oath before the President of the Republic of Poland is not a trivial matter nor merely a formal ceremony. #TrybunałKonstytucyjny #Prawo #Konstytucja (translated)

The dispute over the Constitutional Tribunal has intensified after Maciej Berek took the oath of a Constitutional Tribunal judge on Wednesday during a ceremony in the Sejm, stating that he does this "before the president." #TrybunałKonstytucyjny #BogdanŚwięczkowski #uchwałaImmunitetu (translated)

The author accused Bogucki of incorrectly asserting that in Poland no one can become a judge without taking an oath before the president. He wrote that he did not know whether it was Bogucki's interpretation or that of Karol Nawrocki, and he cited Article 194, paragraph 1 of the Constitution. According to the author, judges of the Constitutional Tribunal are chosen by the Sejm, and the president does not have constitutional powers to appoint or approve them. The author emphasized that the obligation to take an oath before the president arises from the law, not from the Constitution. He claimed that the president merely receives the oath, and the oath itself does not create the judge's mandate. He also referenced the Constitutional Tribunal's ruling in case K 34/15, which — as he wrote — clarified that the taking of the oath does not imply the president's involvement in shaping the Tribunal's composition. Finally, he criticized Bogucki for, in his opinion, presenting the Constitution according to the political needs of the President's Chancellery. #Konstytucja #TrybunałKonstytucyjny #Polska (translated)

Zbigniew Bogucki wrote that President Karol Nawrocki considered taking an oath before the president a necessary condition for assuming the office of a judge of a common court or the Constitutional Tribunal. According to Bogucki, Nawrocki emphasized that this obligation pertains to the office of the president, not a specific person. Bogucki also conveyed that Nawrocki assessed that individuals taking an oath before the Speaker of the Sejm undermine their qualifications to sit on the Constitutional Tribunal by demonstrating a lack of basic knowledge. He added that the president stated that the Speaker of the Sejm does not have the authority to swear in judges. #Polska #Konstytucja #sędziowie (translated)

"Certainly, he is not a judge of the Constitutional Tribunal. President Karol Nawrocki stated that if Berek did not fulfill the formalities of taking an oath before the head of state, 'he certainly is not a judge of the Constitutional Tribunal.'" #Manifestacja #PrawoiSprawiedliwość #MarszNiepodległości (translated)

Thank you for the solidarity, courage, and support shown to the judges and employees of the Tribunal, who face pressure, attempts at intimidation, and institutional violence every day. Bogdan Święczkowski later informed that Maciej Berek did not establish an employment relationship and was not allowed to adjudicate until obtaining the president's opinion regarding the oath. #Manifestacja #PrawoiSprawiedliwość #MarszNiepodległości (translated)

A demonstration organized by Law and Justice is taking place in front of the Constitutional Tribunal in connection with the controversies surrounding the swearing-in of the new judge of the Tribunal, Maciej Berek, and the criticism of the current government. #TrybunałKonstytucyjny #Protesty #PrawoiSprawiedliwość (translated)

Adam Mazguła criticized those protesting in defense of the Constitutional Tribunal, claiming they were manipulated by the politics of PiS and Karol Nawrocki. According to him, the protesters defended abuses related to the Tribunal, which — as he wrote — PiS had previously destroyed and subordinated to party interests. Mazguła reminded that the Constitutional Tribunal consists of 15 judges elected individually by the Sejm for 9 years, according to Article 194, paragraph 1 of the Constitution. He asked why Nawrocki does not accept the oaths of the judges if he does not elect them. He argued that the Tribunal should protect citizens against abuses of power, including from the government of Donald Tusk. The author accused Jarosław Kaczyński, Nawrocki, and the television stations he described as spreading Russian propaganda of inciting protests. He urged Poles not to support — as he put it — political oppression, and encouraged photographing and documenting the participants of the protests. #PrawdąWOczy #WPoczuciuOdpowiedzialności #TarczaWolnościSłowa #BronimyKonstytucji #ŻołnierzGorszegoSortu #PrawaCzłowieka #WolnośćSłowa #ŚwieckośćPaństwa #PrawaKobiet #BronimyKonstytucji #PrawaCzłowieka #WolnośćSłowa (translated)

Prime Minister Donald Tusk stated that the judges were appointed in accordance with the law, and the president, refusing to accept the oath from, among others, Berek, "abdicates" from the duties defined in the constitution. #TrybunałKonstytucyjny #KryzysKonstytucyjny #PrawaCzłowieka (translated)

WolnośćTV published an exchange of views between Sośnierz and a TVP expert regarding the oath of office taken before the president. Sośnierz said he would press the "red button" if the expert claimed that the oath could be taken without the president's presence, and described such reasoning as an interpretive somersault. The conversation also included a statement that the president does not have the authority to accept or reject the oath. The discussants then debated whether one of them interrupted the other. #polityka #TVP #Debata (translated)

The dispute over the Constitutional Tribunal intensified after Maciej Berek took an oath as a judge of the Constitutional Tribunal on Wednesday during a ceremony in the Sejm, stating that he does so "in the presence of the president." #TrybunałKonstytucyjny #DonaldTusk #spór (translated)

Prime Minister Donald Tusk emphasized on Wednesday that the judges of the Constitutional Tribunal were appointed in accordance with the law, and President Nawrocki, by refusing to accept the oath from, among others, Berek, is "abdicating" from the duties imposed on him by the constitution. #TrybunałKonstytucyjny #JarosławKaczyński #protest (translated)