# Maciej Berek elected to Poland's Constitutional Tribunal

> Live situation record from CLSTR: https://clstr.news/situations/maciej-berek-constitutional-tribunal-nomination
> Updated: 2026-09-02T19:21:00.000Z. Sources: 29. Developments: 8.

Maciej Berek, the former Polish Minister for Supervision of Government Policy Implementation, has been elected by the Sejm as a judge of the Constitutional Tribunal. His nomination by the Civic Coalition (KO) follows his dismissal from his ministerial post by President Karol Nawrocki.

In the final vote, Berek secured 226 votes, surpassing the required absolute majority of 219, while his opponent, Artur Kotowski (nominated by Law and Justice), received 184 votes. The election fills a vacancy created by the upcoming expiration of judge Justyna Piskorski’s term on September 18.

The appointment has intensified debates regarding judicial independence and professional qualifications. Critics, including MP Marcin Warchoł and Zbigniew Bogucki, have questioned whether Berek meets the statutory requirement of ten years of professional experience as a legal counsel. Berek has defended his eligibility by presenting a certificate from the Dean of the District Council of Legal Counsel.

Political friction remains high. President Karol Nawrocki expressed alarm, suggesting the Tribunal does not require a politician ‘closely linked to the Prime Minister’. While Prime Minister Donald Tusk has defended Berek as a ‘highly distinguished lawyer’ and an apolitical expert, internal opposition persists. Members of the Lewica (New Left) party have raised concerns about potential political influence on the court, echoing previous criticisms from MP Maciej Tomczykiewicz and Vice-Marshal Magdalena Biejat regarding the need for non-political candidates to restore public trust. Legal experts and nine foundations, including the Helsinki Foundation for Human Rights, have previously raised concerns regarding the principle of impartiality due to Berek’s recent high-ranking government role. Additionally, former Constitutional Tribunal President Jerzy Stępień has expressed concern that the appointment could undermine the institution's impartiality.

## Claims

- Donald Tusk stated that Maciej Berek is the best-prepared person to help repair the Constitutional Tribunal. (disputed by 4 sources)
- Prime Minister Donald Tusk stated that Maciej Berek is not a party or personal candidate of his for the Constitutional Tribunal. (disputed by 2 sources)
- Maciej Berek previously served as the Minister for Supervision of Government Policy Implementation. (corroborated by 10 sources)
- Prime Minister Donald Tusk gave conditional consent for Berek to resign from the government and run for the Constitutional Tribunal. (corroborated by 7 sources)
- Nine social organizations, including the Helsinki Foundation for Human Rights, have called for Berek to withdraw his candidacy. (corroborated by 7 sources)
- The Sejm elected Maciej Berek as a judge of the Constitutional Tribunal (corroborated by 7 sources)
- The Civic Coalition group of MPs officially nominated Maciej Berek for a position as a judge of the Constitutional Tribunal. (corroborated by 6 sources)
- Maciej Berek received 226 votes in the Sejm election (corroborated by 6 sources)
- Artur Kotowski received 184 votes in the Sejm election (corroborated by 6 sources)
- Maciej Berek is a highly competent and non-partisan legal expert. (corroborated by 4 sources)
- President Karol Nawrocki issued a decision to dismiss Maciej Berek from his current government role. (corroborated by 4 sources)
- MP Jacek Sasin criticized the candidacy, arguing the move is hypocritical and mocks voters. (corroborated by 3 sources)

## Timeline

### 2026-09-02: Maciej Berek elected to Poland's Constitutional Tribunal

The Polish Sejm elected Maciej Berek, a close associate of PM Donald Tusk, to the Constitutional Tribunal with 226 votes, amid intense debate over his political ties and professional qualifications.

15 sources. https://clstr.news/cluster/maciej-berek-nominated-for-polish-constitutional-tribunal-judge-1

### 2026-08-27: Waldemar Żurek addresses judicial reforms and Constitutional Tribunal issues

Polish Justice Minister Waldemar Żurek criticized the slow pace of post-election reforms and defended legal expert Maciej Berk regarding his candidacy for the Constitutional Tribunal.

3 sources. https://clstr.news/cluster/waldemar-urek-addresses-judicial-reforms-and-constitutional-tribunal-issues

### 2026-08-27: Maciej Berek's Constitutional Tribunal candidacy faces public opposition

A poll shows nearly 60% of Poles oppose Maciej Berek's candidacy for the Constitutional Tribunal, fearing it will further politicize the judiciary. Opposition spans both the government and the opposition.

8 sources. https://clstr.news/cluster/maciej-berek-faces-public-opposition-for-constitutional-tribunal-seat

### 2026-08-23: Maciej Berek faces scrutiny over Constitutional Tribunal candidacy

Legal experts are questioning the candidacy of Maciej Berek for the Polish Constitutional Tribunal, citing concerns over judicial independence and potential conflicts of interest due to his former government-co

4 sources. https://clstr.news/cluster/maciej-berek-faces-scrutiny-over-constitutional-tribunal-candidacy

### 2026-08-20: Maciej Berek's Constitutional Tribunal nomination sparks controversy

Polish NGOs and legal experts are urging Maciej Berek to withdraw his Constitutional Tribunal candidacy, citing concerns over political independence and ties to Prime Minister Donald Tusk.

13 sources. https://clstr.news/cluster/maciej-berek-nominated-to-polands-constitutional-tribunal

### 2026-08-17: Maciej Berek nominated for Constitutional Tribunal judge

The Civic Coalition has nominated former minister Maciej Berek for the Constitutional Tribunal, sparking controversy and internal coalition debate over judicial politicization.

11 sources. https://clstr.news/cluster/maciej-berek-nominated-for-polish-constitutional-tribunal-judge

### 2026-08-13: Maciej Berek to run for Constitutional Tribunal judge

Prime Minister Donald Tusk has approved Maciej Berek's resignation from the government to pursue a judgeship at the Constitutional Tribunal, sparking debate over judicial politicization.

13 sources. https://clstr.news/cluster/maciej-berek-nominated-for-constitutional-tribunal-judge

### 2026-08-11: Maciej Berek leaves ministerial post amid Constitutional Tribunal rumors

Prime Minister Donald Tusk announced that Maciej Berek is stepping down as minister. Berek is reportedly being considered as a candidate for the Constitutional Tribunal.

11 sources. https://clstr.news/cluster/poland-minister-maciej-berek-departs-as-welfare-priorities-shift

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Cite as: Maciej Berek elected to Poland's Constitutional Tribunal. CLSTR, https://clstr.news/situations/maciej-berek-constitutional-tribunal-nomination
