Maciej Berek takes oath in the Sejm without Karol Nawrocki — Interia

Maciej Berek took the oath in the Sejm as an elected judge of the Constitutional Tribunal in the absence of President Karol Nawrocki. The ceremony was opened by Sejm Marshal Włodzimierz Czarzasty, who read out the lower house of parliament’s resolution on Berek’s election.

Oath in the Sejm

Berek noted that taking the oath is a condition for a judge to assume office. He recited the text of the oath addressed to the president, although the president was not present at the ceremony.

After taking the oath, Berek said that he and other judges of the Constitutional Tribunal, including those present at the event, would do everything possible to implement the values provided for in the text of the oath.

According to Interia, the Sejm elected Berek as a judge of the Constitutional Tribunal on September 4. He previously served as minister overseeing government policy in Donald Tusk’s cabinet.

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Dispute over appointments

President Karol Nawrocki had previously refused to accept Berek’s oath, arguing that he did not meet the formal requirements. Berek’s case became another episode in the dispute over the appointment of Constitutional Tribunal judges.

In April, four lawyers previously elected by the Sejm — Krystian Markiewicz, Marcin Taborowski, Marcin Dziurda and Anna Korwin-Piotrowska — also took the oath in the Sejm after the president refused to accept it. Nawrocki stated that this procedure had no legal force, while Constitutional Tribunal President Bogdan Święczkowski refused to allow these lawyers to hear cases.

In an opinion published on Tuesday, the Venice Commission stated that the president must urgently accept the oath of Constitutional Tribunal judges elected by the Sejm. The Commission also noted that if the president refuses to accept the oath, it may be taken without his presence, but in the form prescribed by law, addressed to and delivered to the president.