The Venice Commission Has Issued an Opinion Regarding the President and the Judges' Oath.
10 Articles
10 Articles
In its opinion issued on Tuesday, the Venice Commission recommends that the President of Poland administer the oaths of office to Constitutional Tribunal judges and not verify their appointments. The Commission also allowed judges to take their oaths without the president's presence.
It must be ensured that the president immediately accepts the oath of office from the Constitutional Tribunal judges elected by the Sejm, without claiming the right to control the electoral procedure, the Venice Commission stated.
According to the Venice Commission, the president has no right to challenge the election of judges of the Constitutional Court and should immediately take the oath from them. According to the opinion, the judge can take the oath in writing, without the personal presence of the president. However, the Commission's position is non-binding and its content is part of the ongoing dispute in Poland over the staffing of the Constitutional Tribunal.
The Venice Commission has presented an opinion on the oath of office of Constitutional Tribunal judges. It undermines the president's powers.
It should be ensured that the president immediately takes the oath of office from the judges of the Constitutional Tribunal elected by the Sejm, without claiming the right to control the electoral procedure, states the opinion of the Venice Commission.
It must be ensured that the president immediately accepts the oath of office from Constitutional Tribunal judges elected by the Sejm, without claiming the right to electoral control, the Venice Commission said on Tuesday.
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