Elected Polish Constitutional Tribunal judge Berek says dozens of cases pending — RMF24

Maciej Berek, a judge of Poland’s Constitutional Tribunal elected by the Sejm, said that at least dozens of cases have accumulated without being heard at the institution and that the tribunal itself “practically does not work.” He said this on the radio, RMF24 reports.

Cases without rulings for years

As an example, Berek cited a case that was submitted to the Constitutional Tribunal in February 2016 and concerns one of the provisions of the Tax Ordinance. It was filed in the form of a legal question, and after such a referral, the court must suspend consideration of the relevant case. According to Berek, nothing happened in these proceedings after registration and the initial review.

He also mentioned constitutional complaints registered in February 2017 and August 2019 that are still awaiting rulings. Berek did not name the exact number of such proceedings. He explained that he does not yet have access to the tribunal’s internal registers and received information about the cited cases from other judges.

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Dispute over the oath

Berek also commented on the situation surrounding the taking of the oath. He noted that four judges elected in March have still not received invitations to take the oath from Polish President Karol Nawrocki. Berek himself took the oath in the Sejm without waiting for an invitation from the presidential chancellery.

He stated that verification of compliance with formal requirements should take place at the stage of the procedure in the Sejm. Berek added that he has not yet received a request from the Presidential Chancellery concerning a review of his professional experience as a legal adviser. If he received such a letter, he would ask for the legal basis for these actions to be indicated.

Separately, Berek commented on a letter from Constitutional Tribunal Chairman Bogdan Święczkowski to Chief Police Commander Marek Boroń. The letter contained questions concerning the identification of judges and tribunal employees. Berek said that he does not know whether such checks are taking place, but called reports of protesters’ attempts to find out who enters the tribunal building more concerning.