# Poland Constitutional Tribunal appointment dispute

> Live situation record from CLSTR: https://clstr.news/situations/poland-constitutional-tribunal-appointment-dispute
> Updated: 2026-09-11T07:32:07.000Z. Sources: 29. Developments: 5.

The dispute over the composition of the Polish Constitutional Tribunal has intensified following the election of Maciej Berek to the court. On September 4, the Sejm elected Berek with 226 votes, surpassing the required majority of 219. His opponent, Artur Kotowski, who was supported by Law and Justice (PiS), received 184 votes.

The election has drawn scrutiny regarding Berek’s eligibility and impartiality. PiS lawmaker Michał Woś challenged Berek’s qualifications, questioning whether he meets the statutory requirement of ten years of legal practice. Additionally, MEP Ewa Zajączkowska-Hernik of Confederation accused the government of hypocrisy, noting that Berek served as a minister until recently.

On September 9, former Constitutional Tribunal President Jerzy Stępień criticized President Karol Nawrocki, accusing him of violating the constitution by attempting to oversee the Sejm’s selection process. Stępień argued that the President lacks the authority to block the appointment based on eligibility doubts and that his duty is to accept the oath of office. In response, the President’s Chancellery announced it will request clarification from the Marshal of the Sejm, stating the appointment must be ‘absolutely scrutinized in a formal sense.’

By September 11, the tension escalated as Sejm Marshal Włodzimierz Czarzasty criticized the potential for the President to refuse the oath, stating the President lacks legal authority to contest the Sejm’s sovereign decision and that interference would violate the separation of powers. Constitutional Tribunal President Bogdan Święczkowski added that if the President administers the oath, he will be compelled to accept Berek into service, noting he intends to ‘clench his teeth’ to allow the judge to assume duties despite significant doubts regarding formal qualifications.

## Claims

- President Karol Nawrocki has vetoed the crypto assets market law three times. (disputed by 9 sources)
- President Karol Nawrocki stated the crypto assets law would be signed if it were amended. (disputed)
- The Sejm failed to override previous presidential vetoes in December 2025 and April 2026. (disputed)
- Prime Minister Donald Tusk intends to request Speaker of the Sejm Włodzimierz Czarzasty to initiate a vote to override the presidential veto. (corroborated by 13 sources)
- Donald Tusk described the Zondacrypto case as a well-organized system involving links to PiS politicians and media. (corroborated by 13 sources)
- Donald Tusk stated that his government intends to ensure judges enter the Constitutional Tribunal in September. (corroborated by 5 sources)
- The Polish government projects a public finance deficit of 7.1 percent of GDP for 2027. (corroborated by 2 sources)
- The Zondacrypto platform ceased operations in April, leaving creditors with approximately 350 million PLN in losses. (single source)
- Justice Minister Waldemar Żurek announced that the Constitutional Tribunal will receive no funding from the state budget. (single source)

## Timeline

### 2026-09-11: Polish Constitutional Tribunal appointment sparks political dispute

Polish political tensions rise over the appointment of Maciej Berek to the Constitutional Tribunal, as officials debate the President's authority to refuse his judicial oath.

5 sources. https://clstr.news/cluster/polish-constitutional-tribunal-appointment-sparks-political-dispute

### 2026-09-09: Jerzy Stępień criticizes Karol Nawrocki over Constitutional Tribunal dispute

Former Constitutional Tribunal President Jerzy Stępień accused President Karol Nawrocki of unconstitutionally attempting to block the Sejm’s appointment of Maciej Berek as a new judge.

7 sources. https://clstr.news/cluster/jerzy-stpie-criticizes-karol-nawrocki-over-constitutional-tribunal-dispute

### 2026-09-04: Maciej Berek elected to Poland's Constitutional Tribunal

The Polish Sejm elected Maciej Berek to the Constitutional Tribunal, sparking controversy over judicial independence and accusations of political appointments within the ruling coalition.

6 sources. https://clstr.news/cluster/maciej-berek-elected-to-polish-constitutional-tribunal-amid-controversy

### 2026-08-27: Poland: Tusk pushes crypto law re-vote and judicial changes

Prime Minister Donald Tusk is calling for a re-vote on crypto regulations following the Zondacrypto scandal and is planning to install new judges in the Constitutional Tribunal by September.

28 sources. https://clstr.news/cluster/donald-tusk-seeks-to-override-presidential-veto-on-crypto-law

### 2026-08-15: Maciej Berek's Constitutional Tribunal nomination sparks controversy

Polish Prime Minister Donald Tusk's proposal to nominate former minister Maciej Berek to the Constitutional Tribunal has drawn criticism from legal experts and coalition partners over concerns of politicization

5 sources. https://clstr.news/cluster/maciej-bereks-constitutional-tribunal-nomination-sparks-controversy

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Cite as: Poland Constitutional Tribunal appointment dispute. CLSTR, https://clstr.news/situations/poland-constitutional-tribunal-appointment-dispute
