Polish Politician Argues for Separation of Church and State in Constitutional Tribunal Oath Debate

In a heated discussion in the Polish Sejm, politician Krzysztof Śmiszek disagreed with fellow parliamentarian Kazimierz Michał Ujazdowski's comment about removing the phrase "So help me God" from the oath taken by judges of the Constitutional Tribunal. Śmiszek argued forcefully for maintaining a clear separation between secular and religious orders in Poland.

The debate took place as the Sejm considers legislation aimed at repairing the functioning of the Constitutional Tribunal, which was undermined by controversial changes made by the previous nationalist government led by the Law and Justice (PiS) party. Restoring the Tribunal's proper functioning is one of the key conditions set by the European Union for Poland to regain access to billions in EU funds that have been withheld.

Under the proposed bills, the method of appointing the Tribunal's judges would be reformed and rulings made with the participation of three judges controversially appointed in 2015 would be invalidated. The European Court of Human Rights and the European Commission have raised serious concerns about the legality of these appointments.

If passed, the new legislation would impact 85 Tribunal rulings, including a highly controversial 2020 verdict that imposed a near-total ban on abortion in Poland, sparking nationwide protests. However, the Tribunal has also issued many other judgments that do not raise any legal objections.

Despite the Sejm's efforts to repair the Tribunal, the bills will most likely be vetoed by President Andrzej Duda, a close ally of PiS. Duda has previously stated that he would not agree to having his judicial nominations questioned or overturned.

Why this matters: The heated debate over the Constitutional Tribunal oath highlights the ongoing tensions between secular and religious influences in Polish politics and society. The outcome of this legislative battle will have significant implications for the rule of law, judicial independence, and Poland's relationship with the European Union.

As the Sejm continues to deliberate on the proposed reforms, Śmiszek's impassioned plea for a clear separation between church and state underscores the deep divisions within the Polish political landscape. "The Constitutional Tribunal must be a bastion of secularism and impartiality," Śmiszek declared during the debate. The fate of the legislation remains uncertain, with President Duda's likely veto looming over the proceedings.

Key Takeaways

• Polish Sejm debates removing "So help me God" from judges' oath
• Proposed bills aim to reform Constitutional Tribunal, invalidate 2015 appointments
• Reforms would impact 85 Tribunal rulings, including controversial 2020 abortion verdict
• Reforms likely to be vetoed by President Duda, a PiS ally
• Debate highlights tensions between secular and religious influences in Polish politics