Nawrocki believes Berek did not take the oath before the president — Interia

The Constitutional Tribunal of Poland has received a letter setting out President Karol Nawrocki’s position on Maciej Berek’s oath. As Interia reports, the document states that Berek did not take the oath before the incumbent president. According to the assessment set out in the letter, this means that he did not enter into service as a judge of the Constitutional Tribunal.

The position of the Presidential Chancellery

Veronika Ścibor, spokesperson for the Constitutional Tribunal, said that the institution had received a letter from the head of the Presidential Chancellery, Zbigniew Bogucki. It sets out Karol Nawrocki’s position on Berek’s oath.

The letter states that taking the oath in the Sejm building in the presence of the Speaker of the Sejm and the Speaker of the Senate, but without the president, cannot be considered equivalent to taking the oath before the head of state. According to Ścibor, the document explicitly states that Berek, elected by the Sejm, did not take such an oath before the incumbent president.

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The oath in the Sejm

The Sejm elected Berek as a judge of the Constitutional Tribunal in early September. On October 14, during a ceremony in the Sejm, he took the oath using wording stating that he was doing so “before the president.”

After that, Berek visited the office of the Presidential Chancellery and said that he had taken the oath in a form that, in his view, was legally permissible and factually possible. He later arrived at the Constitutional Tribunal building, where its president, Bogdan Święczkowski, said he would not allow Berek to participate in hearing cases until he received confirmation from the president that the oath was recognized as having been taken in his presence.