Maciej Berek elected to Poland's Constitutional Tribunal

The Polish Sejm has elected Maciej Berek as a judge of the Constitutional Tribunal. Berek, a candidate proposed by Koalicja Obywatelska (KO), received 226 votes, surpassing the required absolute majority of 219. The candidate supported by Law and Justice (PiS), Artur Kotowski, received 184 votes.

The election has triggered significant political friction within the ruling coalition and among opposition parties. Critics, including MEP Ewa Zajączkowska-Hernik of Confederation, have accused the government of hypocrisy, noting that Berek served as a minister until recently. This has raised concerns regarding the constitutional requirement for judicial independence and the promised de-politicization of the Tribunal.

Within the governing coalition, the vote revealed a lack of full party discipline. Several members of the coalition, including representatives from Lewica and Polska 2050, voted against Berek or abstained, citing the difficulty of maintaining political distance for a former member of the Council of Ministers. Supporters of the appointment, including Donald Tusk, defended the decision by emphasizing Berek’s legal competence.