Maciej Berek, elected by the Sejm on 4 September as justice of the Constitutional Court by 226 votes, has not yet received an invitation to take a vow before president Karol Nawrock. He says he'll wait until 15 or 16 September. The dispute concerns the filling of a seat after Justyna Piskorski, whose word of office ends on 18 September.
The parliament chose Berk with a seven-vote lead
Maciej Berek was elected justice of the Constitutional Court during the session of the Sejm on Friday 4 September. authoritative result of vote 14 indicates that he received 226 votes. The required majority was 219, so the election was decided by 7 votes above the essential minimum. Countercandidate Artur Kotowski received 184 votes.
A group of Members of the civilian Coalition has submitted a candidate for Berk. The erstwhile Minister for Supervision of the Implementation of Government Policy is to take the seat released after the end of the word of office of Justyn Piskorski on 18 September. The candidacy of erstwhile close associate Donald Tusk From the beginning she raised questions about the political distance of the future justice towards the camp of power.
The Presidential Palace did not set a deadline
On Monday, September 7, Berek informed journalists that president Karol Nawrocki had not contacted him about his vows. He besides pointed out that it has not been long since the parliamentary vote, and that the questions of invitation should be addressed to the President's Chancellery.
Berek didn't want to make options in the absence of an invitation. He stated that he would wait until 15 or 16 September and then measure the further course of the case. His words mean that for the next fewer days 1 should not anticipate one-sided movement from his side. The organizational decision now remains on the side of the Presidential Palace.
In the background of an earlier vow dispute
The case doesn't go nowhere. In March, the Sejm elected six TK judges. The president took a vow from Magdalena Bentkowska and Dariusz Szostek, indicating that their choice afraid 2 vacancyes created in December 2025. The another 4 did not have a akin ceremony at the Presidential Palace. In April, a vow was held in the Sejm without the engagement of the head of state, which established a conflict between the organs.
This one. dispute over the Constitutional Court hits the predictability of the state. Each organization shall present its own explanation of the legality of the action. The citizen sees an institution whose composition and ability to justice remains the subject of political struggle.
The Court’s independency is at stake
Berek has quite a few legislative experience, but has worked for years in the immediate vicinity of the Donald Tusk government, and until late he was a minister. This fact must not be withheld or automatically considered as evidence of deficiency of independence. However, it justifies a peculiarly strict request for impartiality and for transparent exclusion from the regulatory matters on which he worked.
The president should not make decisions under force from a calendar imposed by majority politicians. Instead, he should act on the basis of the law, clarify his position clearly and not let silence to replace constitutional responsibility. The rulers must besides presume that the Court cannot become a safe landing place for the people of power.
For Poles, the individual future of 1 lawyer is not at stake. It is simply a constitutional court capable of controlling all parliamentary majority, including the 1 present. Without specified a mechanism, the freedom of the citizen depends on the political advantage of the day, not on the permanent rules of the Republic.
Source: Gazeta.pl, Sejm of the Republic of Poland, Chancellery of the president of Poland
Source: News
