[REVISION HISTORY]

Poland Constitutional Tribunal appointment and legal dispute

Updated 48 times since CLSTR started tracking revisions of this situation.

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2026-10-26 10:42 UTC → 2026-10-26 18:54 UTC · added ~~removed~~

The dispute over Maciej Berek’s appointment to the Polish Constitutional Tribunal has intensified into a broader rule-of-law crisis. Following his election by the Sejm, President Karol Nawrocki has withheld the invitation for Berek to take his official oath, citing doubts regarding his eligibility and whether he meets the mandatory 10-year professional experience requirement. While the President’s office has requested documentation, the National Council of Legal Advisors has confirmed Berek’s status as a practicing legal advisor. In response to the President's refusal, Berek took his oath in the Sejm on October 14, a move supported by a Venice Commission opinion suggesting oaths can be completed without the President's physical presence if they refuse or delay. However, Tribunal President Bogdan Święczkowski has refused to recognize the appointment. ~~New disputes have emerged regarding~~ The legal debate has expanded as the ~~validity~~ Committee of ~~the swearing-in ceremony held at~~ Legal Sciences of the ~~Sejm in~~ Polish Academy of Sciences issued a resolution stating that oaths taken without the President’s physical presence ~~of Marshal Włodzimierz Czarzasty. Święczkowski~~ remain legally effective. The committee argued ~~the oath was invalid because it was not administered before~~ that the President ~~of Poland. Former Minister of Justice Adam Bodnar defended the ceremony, characterizing~~ lacks discretionary power to block the ~~President's absence as ‘unconstitutional obstruction’~~ Sejm’s selections and ~~stating the judges effectively swore allegiance~~ is obligated to ~~President Nawrocki~~ facilitate the swearing-in process. This follows leaked recordings of Katarzyna Pełczyńska-Nałęcz, which suggested Berek was selected despite ~~his absence. Furthermore, questions persist~~ not meeting formal criteria, fueling concerns regarding ~~Berek’s qualifications; while parliamentary documents cited 25 years~~ the politicization of ~~experience, public information requests suggest his active practice may have been as brief as 14 months.~~ the Tribunal. Institutional instability ~~has extended to the Tribunal’s operations.~~ persists. Święczkowski faces a budget deadlock for 2027 and has implemented personnel changes following the suspension of the Tribunal's Chancellery Director and Guard ~~Commander by the National Prosecutor's Office.~~ Commander. Internal conflicts have escalated into criminal matters: Judge Sławomir Patyra filed a criminal notification alleging Święczkowski manipulated judicial panels, while Berek has accused Święczkowski of violating his physical integrity during an altercation.

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