Maciej Berek's Constitutional Tribunal appointment faces qualification scrutiny

The President of Poland is withholding the oath of office for Maciej Berek, a nominee for the Constitutional Tribunal, due to doubts regarding his professional qualifications. Specifically, there are questions as to whether Berek meets the statutory requirement of having practiced as a legal advisor for at least 10 years.

The President's office has requested proof of Berek's professional status, leading to a dispute between the Presidency and the Sejm. While the Presidency argues it has a legal basis to verify qualifications before administering the oath, representatives of the Sejm contend that the President lacks the authority to demand such verification from the Marshal of the Sejm.

Włodzimierz Chróścik, President of the National Council of Legal Advisors, addressed the concerns by confirming Berek's status. Chróścik noted that Berek was previously registered as a practicing legal advisor in Warsaw before receiving his nomination. He clarified that the legal profession can be practiced in various ways, including through specific contracts or drafting legal acts, and noted that current laws do not provide a specific procedure for verifying the exact nature of a legal advisor's daily practice.