A series of high-profile judicial appointments has sparked a wave of public hostility in Poland, leading the National Council of Notaries (KRN) to issue a stern defense of a legal professional targeted by online aggression. The controversy follows a ceremony on Thursday, April 9, in the Column Hall of the Sejm, where several newly appointed judges of the Constitutional Tribunal (TK) took their oaths of office.
The event, intended as a formal legal milestone, instead became a flashpoint for political tension. Although the appointment of judges Dariusz Szostek, Magdalena Bentkowska, Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, and Anna Korwin-Piotrowska was the primary focus, the presence of a notary during the proceedings triggered a backlash on social media. After the notary’s personal details were leaked online, the professional became the subject of what the KRN describes as “hatred and aggression.”
The National Council of Notaries has now stepped in to clarify the legal role of the notary in such proceedings, arguing that the public’s reaction stems from a fundamental misunderstanding of Polish law. The council emphasizes that the notary’s role was strictly documentary and did not involve the legal validation of the appointment process itself.
The Legal Role of the Notary in Judicial Oaths
In its official communication, the KRN sought to dismantle the narrative that the notary was acting as a substitute for the President or another high-ranking state official. According to the Law on Notaries, these professionals are authorized to create “notarial protocols,” which serve as official documentation of events or actions that may have legal consequences.
The Council clarified that these protocols are documentary in nature. When a notary creates a protocol at the request of the parties involved, they are not making a binding legal assessment of the events. Instead, their duty is to provide an impartial reflection of the proceedings, including the specific statements made by the participants.
The KRN highlighted several key distinctions regarding the notary’s function during the TK swearing-in ceremony:
- Documentation, not Creation: A notarial protocol does not create legal effects but serves as official evidence that an event took place.
- Impartiality: The notary is required to record the proceedings without intervening in the legal validity of the act.
- Jurisdiction: The assessment of the legal consequences of an oath or appointment remains the sole province of the appropriate authorities, specifically the courts.
A Response to ‘Hatred and Aggression’
The KRN’s statement was not merely a legal clarification but a condemnation of the environment surrounding the event. The council expressed a firm opposition to “all manifestations of hate, hate speech, aggression, and unworthy treatment of notaries in public life,” specifically citing the vitriol found in both traditional media and on social platforms.
The council argued that attempting to undermine the personal and professional dignity of a notary is an attack on the entire notary profession. Because notaries act as persons of public trust, they are afforded the same legal protections as public officials. The KRN warned that criticism based on a “incomplete understanding” of the notary’s role could lead to systemic misunderstandings and erode trust in the legal institution of the notariat.
The tension surrounding the event was further compounded by the specific sequence of the ceremony. Following the oaths in the Sejm, the judges proceeded to the receiving office of the President’s Chancellery to submit written versions of their oaths. The presence of Sejm Speaker Włodzimierz Czarzasty and former presidents of the Constitutional Tribunal added to the gravity of the occasion, yet it was the notary’s involvement that became the primary target of public ire.
Timeline of the Appointment Process
| Phase | Action | Key Participants |
|---|---|---|
| March | Selection of judges by the Sejm | Sejm Members |
| April 9 | Formal oaths in the Column Hall | New Judges, Speaker Czarzasty, Notary |
| Post-Ceremony | Submission of written oaths | Judges, President’s Chancellery |
| Following Days | Public backlash and KRN response | Social Media, National Council of Notaries |
The Broader Impact on the Legal System
This incident underscores the volatile nature of the current judicial climate in Poland. The Constitutional Tribunal has been at the center of a long-standing legal conflict regarding the legitimacy of its judges and the process of their appointment. When a notary—a neutral legal officer—is drawn into this political crossfire, it raises questions about the safety and stability of the legal profession.
The KRN has appealed to all participants in the public debate to exercise “responsibility and prudence” when formulating opinions about the activities of notaries. By emphasizing that the notary does not “replace” state organs or encroach upon their competencies, the Council hopes to decouple the professional’s administrative duties from the political controversy surrounding the Tribunal.
The leak of personal data, combined with the subsequent harassment, suggests a growing trend where administrative participants in state functions are targeted by political activists. The KRN’s insistence on the protection of “public trust” is a direct response to this perceived vulnerability.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. For specific legal interpretations of the Law on Notaries or the status of the Constitutional Tribunal, please consult a licensed legal professional.
The next critical development will likely involve the formal recognition of these appointments within the broader judicial framework and any potential legal challenges to the validity of the oaths taken on April 9. Further updates are expected as the President’s office processes the written roty of the oaths.
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