The ceremony at the presidential palace in Warsaw on Monday marked a significant moment in the country's legal and political landscape, media outlets reported.
President Andrzej Duda, an ally of the right-wing opposition Law and Justice (PiS) party, appointed Święczkowski to his new role, saying the new chief justice was taking office at a time of "various political upheavals and battles."
Poland's centrist-liberal government says the constitutional court is illegitimate due to unlawful judicial appointments made when the PiS party was in power from 2015 to 2023.
Święczkowski was one of two candidates presented to Duda by the General Assembly of Constitutional Tribunal Judges last week.
His appointment comes as Julia Przyłębska, the outgoing head of the Tribunal and a close associate of PiS leader Jarosław Kaczyński, concludes her term.
Przyłębska, who has served as a judge since 2015 and led the constitutional court since 2016, received thanks from Duda for her years of service.
Święczkowski, a former national public prosecutor and deputy prosecutor-general from 2016 to 2022, has had a long career in Poland’s judiciary.
He joined the Constitutional Tribunal in 2022 following his appointment by the lower house of parliament, the Sejm.
Duda highlighted Święczkowski's "extensive experience," calling him a capable decision maker with significant administrative expertise.
The president said that Święczkowski’s tenure as national public prosecutor involved oversight of Poland's prosecution system, a role that "required balancing public interest, legal order and rule-of-law concerns."
Duda expressed confidence in Święczkowski’s ability to lead the Tribunal effectively, ensuring both constitutional compliance and the protection of civil rights.
The Constitutional Tribunal is tasked with adjudicating on the compliance of laws with the country's constitution.
'Puppet court'
However, the panel has faced significant criticism in recent years. Its legitimacy has been questioned due to a series of contentious judicial appointments made under the previous government.
Several Polish judges' associations, along with some international judicial organizations and constitutional law experts, have labeled it a "puppet court."
Prof. Andrzej Zoll, a former head of the Tribunal, has argued that some of these appointments violated the Polish constitution.
Zoll contended that the Tribunal’s current composition includes individuals improperly selected, undermining its ability to function in a fully constitutional capacity.
The political tensions surrounding the Tribunal intensified after Przyłębska's tenure as president, which some critics viewed as heavily influenced by the PiS government.
With her departure, questions linger about the institution’s ability to regain credibility and fulfill its constitutional mandate.
Despite the controversy, Święczkowski’s appointment represents a continuation of the Tribunal's current trajectory.
Critics like Zoll maintain that substantive change is unlikely until broader reforms are enacted, potentially after the 2025 presidential election.
Until then, the Constitutional Tribunal remains a focal point in Poland’s ongoing debate over judicial independence and the rule of law.
The Polish government earlier this year proposed what it says is a comprehensive reform aimed at depoliticizing the country's Constitutional Tribunal and ensuring it serves as a guardian of citizens' rights and constitutional law rather than political interests.
(rt/gs)
Source: IAR, PAP