Five judges of the Constitutional Tribunal: The competency dispute is a pretext, it cannot be a reason for preventing adjudication

The dispute over the exclusion of five Constitutional Tribunal judges centers on a supposed competency conflict between the president and the Speaker of the Sejm regarding the judges' oaths. The judges assert that they only swore allegiance to the president, not the Speaker. They argue that a competency dispute arises only when multiple state organs seek to exercise the same authority, which is not the case here. The judges emphasize that their oath is a requirement before assuming office and that the alleged dispute does not suspend their ability to adjudicate. Furthermore, they claim that resolving this supposed dispute is impossible without all judges present, as a full panel is necessary for such decisions. They view the invocation of this non-existent dispute as an unjustified excuse to prevent their participation in rulings.