Constitutional Tribunal disputes Maciej Berek's appointment and oath validity

A dispute has emerged regarding the appointment of Maciej Berek to the Constitutional Tribunal in Poland. The President of the Constitutional Tribunal, Bogdan Święczkowski, refused to recognize the employment of Berek and four other individuals following a swearing-in ceremony held at the Sejm in the presence of Marshal Włodzimierz Czarzasty. Święczkowski argued that the oath was invalid because it was not administered before the President of Poland.

Questions have also been raised regarding Berek’s professional qualifications. While parliamentary documents stated he had been a legal counsel for 25 years, public information requests suggest his actual active practice may have been significantly shorter, potentially failing to meet the mandatory 10-year requirement for the position. Some reports suggest his active tenure may have been as brief as 14 months.

Adam Bodnar, the former Minister of Justice, defended the validity of the oath, stating that the judges effectively swore their allegiance to President Karol Nawrocki despite his physical absence. Bodnar characterized the President’s refusal to attend the ceremony as unconstitutional obstruction.