What will happen if the president does not take the oath of office from Maciej Berek? RMF FM arrangements

Maciej Berek was elected by the parliament as a judge of the Constitutional Tribunal at the beginning of September. However, Karol Nawrocki has still not accepted the oath from the former minister in Donald Tusk's government.

If President Karol Nawrocki does not take the oath, plan B assumes that Maciej Berek can make a declaration of oath in the presence of a notary and send it to the president's office.

The second scenario is about a more solemn oath in the Column Hall - and this is the most likely variant - determined the RMF FM reporter.

The path is clear. The president did not fulfill his constitutional obligations - the speaker of the Sejm will fulfill them - Deputy Prime Minister and Minister of Digital Affairs Krzysztof Gawkowski told RMF FM.

The opposition believes that Maciej Berek will not be a legally elected judge.

They could have come up with something even more fun. They could also send a carrier pigeon and thus make the vow. Everything is ahead of them, commented Michał Wójcik from PiS.

The politician added that Maciej Berek does not meet the formal requirement to be a judge of the Tribunal, which is ten years of experience as a legal advisor.

Maciej Berek, who previously served as minister for supervision over the implementation of government policy, was elected as a judge of the Tribunal on September 4 this year. His candidacy was proposed by members of the KO club. Opposition MPs and the presidential office pointed out - even before the election of the Sejm - doubts as to whether Berek would meet the formal requirement of ten years of work in the legal profession.

Before September 4, Berek published on social media a certificate from the Dean of the District Council of the Chamber of Legal Advisers, according to which, pursuant to a resolution of 2002, he was entered on the list of legal advisers and has been authorized to practice the profession from the date of his oath until now. The document also indicates that Berek registered his practice as a legal advisor in the period from January 1, 2006 to July 31, 2009 and from August 1, 2012 to the present.

Berek is the eighth person elected by the Sejm of the current term as a judge of the Constitutional Tribunal. His term of office should begin on September 16. Of the seven judges previously elected by the Sejm, President Nawrocki did not take the oath of office from four, including: from Anna Korwin-Piotrowska. In their case, the Presidential Palace argued that the Sejm did not indicate whose seat they were taking or when their term of office began.

Therefore, four judges took an oath during the ceremony in the Sejm, stating that they were doing so "in front of the president". The president's office does not consider it an oath, and the president of the Constitutional Tribunal, Bogdan Święczkowski, did not allow judges to adjudicate.

Four judges of the Constitutional Tribunal, from whom the president did not personally take the oath, filed a complaint to the ECtHR. The National Prosecutor's Office is investigating a case involving the president's failure to take the oath from four judges of the Constitutional Tribunal and preventing them from adjudicating in the Constitutional Tribunal.