President Karol Nawrocki Declares Maciej Berek Oath Unlawful

Maciej Berek Takes Constitutional Tribunal Oath Amid Presidential Boycott

Maciej Berek took the oath of office as a judge of Poland’s Constitutional Tribunal on Wednesday morning, November 12, during an official ceremony in the marshal’s office of the Sejm that began at 9:00 AM, Wiadomości Onet reported. Włodzimierz Czarzasty presented Berek with the parliamentary chamber’s resolution selecting him for the tribunal post. The proceeding was attended by Senate Marshal Małgorzata Kidawa-Błońska, members of the Sejm Presidium, and other recently elected tribunal judges, while Karol Nawrocki was absent from the proceedings.

President Karol Nawrocki Declares the Oath Unlawful

Karol Nawrocki condemned the swearing-in ceremony as a violation of national law during a press conference held alongside President Jakov Milatović of Montenegro. Nawrocki stated that the oath could not take place before him because he was hosting the Montenegrin head of state at the Presidential Palace. He argued that if an act contrary to the Polish constitution occurred, it happened outside his authority due to concurrent state duties. Nawrocki asserted that Berek had not sworn before the president and therefore does not hold the status of a Constitutional Tribunal judge.

Constitutional Standing and Protests Outside the Tribunal

The Constitutional Tribunal will continue operating under its formal composition established through oaths administered by the president, Nawrocki maintained during his remarks. Commenting on public demonstrations outside the tribunal headquarters involving physical clashes with police officers, the president described legal and social defense of the institution as justified. Nawrocki noted that he did not personally observe the street disturbances outside the building because his schedule was occupied by the official state visit of President Milatović.

Frequently Asked Questions About the Constitutional Tribunal Appointment

Who attended the swearing-in ceremony for Maciej Berek?

The ceremony at the Sejm marshal’s office included Sejm Deputy Marshal Włodzimierz Czarzasty, Senate Marshal Małgorzata Kidawa-Błońska, members of the Sejm Presidium, and other judges elected to the Constitutional Tribunal during the current term.

What reason did President Karol Nawrocki give for missing the ceremony?

President Nawrocki stated that he was fulfilling other state duties at the Presidential Palace, specifically hosting an official visit by the President of Montenegro, Jakov Milatović.

What was the specific legal objection raised by the president regarding the appointment?

Nawrocki asserted that under Polish legal traditions established after 1989, a valid judicial oath must be administered by the president at the Presidential Palace, concluding that Berek is not a legitimate tribunal judge without fulfilling that formal requirement.