Maciej Berek elected as a judge of the Constitutional Tribunal, the president does not take the oath due to formal doubts

Maciej Berek, former minister for supervision over the implementation of government policy, was elected by the Sejm as a judge of the Constitutional Tribunal on September 4.

Dispute over meeting the requirements

The president's spokesman, Rafał Leśkiewicz, asked on Wednesday when Berek could expect an invitation to the swearing-in ceremony, said that "first of all, it is necessary to dispel all doubts regarding the fulfillment of formal requirements by Mr. Maciej Berek."

Berek, in turn, said on the same day on TVP Info that he was "the first person who is interested in ending this strange discussion."

He emphasized that his practice as a legal advisor was documented in the register of legal advisors. If someone close to the president wanted them, they would find such documents. I presented them, explained them, they are publicly available, he said.

"There is no such mode"

According to Berek, the problem is not about the documents, but about the competences of the president and his office to conduct such verification.

There is no such mode, no procedure in which the president, citing a non-existent competence, says: "I would like to check something else." Because the president acts here as an authority, and the authority can precisely and only as much as the regulations allow it, he noted.

Referring to the words of the president's spokesman, who made accepting the oath dependent on presenting appropriate documents, Berek announced that he would approach the president with a "clear legal position" that it was his duty to take the oath. He stressed that he counted on the possibility of submitting it "in the form, place and time designated by the president."

They are scheduled to begin adjudicating “soon.”

When asked when the four judges from whom the president did not take the oath would be able to rule, he replied: With full responsibility also for the social emotions that may be evoked, let's not use any specific dates here. But not soon.

Asked whether he would aspire to the position of president of the Constitutional Tribunal if Bogdan Święczkowski lost it, he emphasized: "definitely not."

Doubts of the president's office

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

Last week, the KPRP asked the Chancellery of the Sejm to "explain the circumstances of the formal processing of Berek's candidacy." The head of the KPRP, Zbigniew Bogucki, said that "there are enormous doubts as to whether Minister Berek has ten years of experience as a legal advisor."

The head of the Chancellery of the Sejm, Marek Siwiec, replied to the president that questioning the correctness of the election of a Constitutional Tribunal judge by the Sejm "is not supported by any regulations." Marshal of the Sejm, Włodzimierz Czarzasty, expects Berek to take the oath immediately.

Paweł Śliz from Poland 2050 does not expect the president to take the oath of office from Maciej Berek. Śliz talked about it in the Afternoon conversation on RMF FM. In his opinion, Berek will most likely take the oath in the Sejm's Column Hall.

Professional experience required

The 2016 Act on the status of Constitutional Tribunal judges states that "a person who has outstanding legal knowledge and meets the requirements necessary to hold the office of a judge of the Supreme Court or a judge of the Supreme Administrative Court may become a judge of the Constitutional Tribunal."

The requirements for candidates for the Supreme Court and the Supreme Administrative Court include: 10 years of experience as a judge, prosecutor, president, vice-president or advisor of the General Prosecutor's Office, or 10 years of practicing as a lawyer, legal advisor or notary.

Even before his election, Berek published on social media the certificate of the Dean of the District Council of the Chamber of Legal Advisers. It shows that in 2002 he was entered on the list of legal advisors and has been authorized to practice the profession since taking the oath until now. The document also indicates that he registered as a legal advisor from January 1, 2006 to July 31, 2009 and from August 1, 2012 to the present.