Oskar Kida criticized the minister's interpretation regarding the opinion of the Venice Commission on the oath-taking of judges of the Constitutional Tribunal before the president. He wrote that according to the principle, the president should promptly accept the oath from individuals legally elected by the Sejm. In his opinion, however, if there are doubts about the legality of the election, the president may withhold acceptance of the oath until these doubts are resolved by the appropriate authority. If the doubts are confirmed, the president — as Kida argued — cannot accept the oath. Kida assessed that the position of the Venice Commission is contrary to the case law of the Constitutional Tribunal or overly simplifies the matter. He claimed that the president can examine the circumstances of the candidates' selection, including their compliance with formal requirements, but cannot resolve doubts against them on his own. The decision should be made by the appropriate authority. Kida also accused the minister of manipulating the presentation of the Commission's position: according to him, the opinion allows for the oath to be taken without the president's physical presence only when he unlawfully delays acceptance or refuses it. The author emphasized that the Venice Commission is an advisory body and does not issue binding resolutions. He concluded that its opinion is inconsistent in many places with Polish law, the Constitution, and the case law of the Constitutional Tribunal. According to Kida, the opinion does not preclude that the oaths taken on April 9, 2026, by four individuals were effective, nor that these individuals are serving judges of the Constitutional Tribunal. He argued that such an effect could occur if the Tribunal found that the president unjustifiably delayed the acceptance of the oath; otherwise, these individuals could not become judges. Kida wrote that in his opinion, without a change in the law, one cannot take an oath before the president without his presence. #Prawo #Konstytucja #Sędziowie (translated)

