Venice Commission reviews Polish president’s role in judges’ oath-taking

The Council of Europe said an opinion on the head of state’s powers and judicial appointments is on the commission’s October 9–10 plenary agenda.

The Council of Europe’s Venice Commission is considering the Polish president’s role in the oath-taking of Constitutional Tribunal judges. A draft opinion on the president’s powers and other appointments under the separation-of-powers principle was scheduled for discussion and adoption at the commission’s October 9–10 plenary session. The final text remains confidential until publication.

Opinions of the Venice Commission, established in 1990, are advisory and non-binding. Among the provisions examined in the Polish case were Articles 179 and 194 of the Constitution. Article 194 says the Constitutional Tribunal has 15 judges, elected by the Sejm for nine-year terms. The source publication says the commission has issued more than 12 opinions on Poland since 2016.

The discussion comes amid a dispute over judges elected by the Sejm in March: four of the six did not take their oaths before the president and later swore them in parliament. Another dispute concerns judge Maciej Berek, elected by the Sejm in September. In April 2026, the president accepted the oaths of two judges elected to uncontested vacancies, according to the presidential chancellery.