Maciej Berek took the oath of office as a judge on Poland’s Constitutional Tribunal in Warsaw without President Nawrocki present, escalating a long-running political battle over the independence of the country’s judiciary, nos.nl reported. The swearing-in ceremony prompted protests outside the tribunal building, where demonstrations by supporters of the right-conservative Law and Justice (PiS) party led to clashes with police and three arrests.
Parliamentary Appointment Ignites Presidential Standoff
The appointment marks the latest clash between Prime Minister Tusk’s pro-European, liberal governing coalition and the conservative nationalist President Nawrocki, who serves as a political opponent to the current government. Under Polish law, new judges are chosen by parliament but must take the oath before the president. Nawrocki refused to receive Berek, arguing that Berek lacks sufficient legal experience and carries an overtly partisan background. Berek previously served as a minister in Tusk’s cabinet until August, with Tusk once describing him as his right hand. Because Nawrocki refused to administer the oath, Berek swore the oath in parliament without the president present, becoming the fifth judge to do so amid a stalemate where Nawrocki has only sworn in three of the eight judges chosen by parliament this year.
Przywracamy w Polsce praworządność i nie cofniemy się ani o krok. pic.twitter.com/ZXovpIymBH
Venice Commission Weighs In on Judicial Standoff
The Venice Commission, an advisory body of the Council of Europe, issued an opinion stating that the president must swear in new judges without delay, and that if he refuses, the judges may take the oath outside his presence. While the advice is not mandatory, it adds international legal weight to the government’s position. Meanwhile, Bogdan Swieczkowski, the PiS-aligned president of the tribunal, refuses to let Berek or the other four unsworn judges work, blocking them in the building lobby when they attempt to enter. The broader conflict over the tribunal began under the previous PiS administration from 2015 to 2023, which installed party loyalists and triggered an EU standoff that froze billions in subsidies before Tusk’s government initiated rule-of-law reforms.
Frequently Asked Questions
Why did President Nawrocki refuse to swear in Judge Berek?
President Nawrocki argued that Berek did not work long enough in the legal profession to meet statutory requirements and objected to Berek’s political background.
How many judges have been sworn in without the president?
Maciej Berek is the fifth judge to take the oath of office in parliament without the presence of President Nawrocki, after parliament chose eight judges this year and the president administered the oath to only three.
What power does the Venice Commission hold in this dispute?
The Venice Commission acts as an advisory body for the Council of Europe and issued an opinion stating that the president must swear in new judges without delay or permit them to take the oath outside his presence. It is an advisory body, and the president is not obligated to follow its opinion.
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