Berek met with the Speaker of the Sejm regarding the oath of office of a Constitutional Tribunal judge

On Monday, Berek met in the Sejm with the Speaker of the Sejm, Włodzimierz Czarzasty. The Marshal - as Berek told journalists - decided that it would be a "nice gesture" to explain his mistake in Friday's vote on the election of a Constitutional Tribunal judge.

Czarzasty was the only member of the Left club to vote against both candidates for the new judge. The rest of the club voted for Berek's candidacy, proposed by the KO club, and against Artur Kotowski's candidacy, submitted by PiS MPs.

The election of a Constitutional Tribunal judge was necessary due to the term of office of Judge Justyn Piskorski, which expired on September 18.

No contact from the Chancellery of the President of the Republic of Poland

After the meeting with the Speaker of the Sejm, Berek, when asked by journalists about the issue of his oath, said that President Karol Nawrocki had not contacted him on this matter.

The vote was on Friday. It's Monday before noon, so I think it'll be a while, Berek said. He also added that questions should be directed to the Chancellery of the President of the Republic of Poland regarding the invitation to take the oath.

Asked about possible scenarios if he is not invited to the Presidential Palace, Berek said that he "deeply believes that we will act in accordance with the law and in accordance with what is prescribed by the regulations." He added that he could not be persuaded to "say what would happen if the president did not do something."

I'm waiting for September 15, 16 and we'll see what will happen then and we'll see what the president will do about it, he said. He added that what should have happened in his case should also have happened in the case of the four Constitutional Tribunal judges elected in March. He emphasized in this context that the judges of the Tribunal are "elected by the Sejm".

Did Berek meet all the requirements?

Berek is the eighth person elected by the Sejm of the current term as a judge of the Constitutional Tribunal. Of the seven previously elected, President Nawrocki did not take the oath from four of them. In the case of these four, according to KPRP representatives in the Sejm, there were mistakes. Therefore, four judges took an oath during the ceremony in the Sejm, stating that they were doing so "in front of the president". The KPRP does not recognize this as an oath, the president of the Constitutional Tribunal, Bogdan Święczkowski, did not allow these four judges to adjudicate.

Before Friday's vote on the election of a Constitutional Tribunal judge, the head of the Chancellery of the President, Zbigniew Bogucki, said that there were "far-reaching doubts" as to whether Berek had actually practiced the profession of a legal advisor for 10 years and that "for formal reasons" his candidacy for a Constitutional Tribunal judge should not be considered.

Some MPs also asked whether Berek had met the requirement of a minimum of ten years of practicing the legal profession and said that he had not met the requirement of grace period between being a judge of the Constitutional Tribunal and holding positions in, among others, government as envisaged by the Constitutional Tribunal Act adopted in 2024. This act was referred as a preventive review by then-President Andrzej Duda to the Constitutional Tribunal, which last year found it unconstitutional.

Berek said on Monday that doubts as to his compliance with the formal requirements had already been clarified "many times" and he had already presented an "appropriate statement" from the Dean of the District Council of the Chamber of Legal Advisors regarding, among others, notification of his practice as a legal advisor.

First, I heard that my candidacy was inappropriate because I worked too closely with Prime Minister Tusk. Then I heard that I did not meet the standards resulting from the law that was not in force. Then I heard that I did not meet the formal requirements, then I heard that PiS MPs were submitting a request for security to the Constitutional Tribunal (...) - said Berek.

Chefnaker on doubts

On Monday, in the "Morning talks Zero" program, Naszarnaker avoided answering whether and possibly when Maciej Berek would be sworn in. Analyzes are currently underway. We know there are great doubts. If the president makes any decisions, we will inform about it, he said.

Chef Naker argued that the "entire program" could address the doubts surrounding Berek's choice. We have a situation in which he did not publish the Tribunal's judgments; He is largely responsible for the situation surrounding the Constitutional Tribunal today, and in some way there are certainly doubts around it, he said, noting that the emerging "formal doubts" are also much more important.

Sheffernaker also emphasized political issues "related to the fact that the Platform swore that it would never allow a politician to enter the Constitutional Tribunal." Here, Donald Tusk once again completely broke the backs of those who came to power based on these demands (...), having on their banners the fact that they would not send politicians there. And they are sending a politician, someone whom Prime Minister Donald Tusk said was his closest right hand, a man who, among other things, he was destroying the Constitutional Tribunal by not publishing these judgments of the Constitutional Tribunal - said the head of the president's office.

When asked by the host whether it was a mistake of the PiS government to elect PiS MPs Stanisław Piotrowicz and Krystyna Pawłowicz to the Constitutional Tribunal, Bożenaker said that at the time this decision "seemed natural", although "perhaps from the point of view of time it was too controversial."