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Poland Constitutional Tribunal appointment dispute

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2026-09-09 05:43 UTC → 2026-09-11 08:17 UTC · added ~~removed~~

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. This has raised concerns regarding the constitutional requirement for judicial independence and the government's stated goal of de-politicizing the Tribunal. Berek defended his background, stating he would cease his role as a legal advisor upon election. However, the vote highlighted divisions within the governing coalition. While supporters like Prime Minister Donald Tusk emphasized Berek’s legal competence, members of the Left and Polska 2050 voted against him, and others abstained. 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.

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