Nawrocki challenges Maciej Berek’s judicial oath

Polish President Karol Nawrocki said on October 14 that he did not recognise Maciej Berek as a Constitutional Tribunal judge because Berek took his oath in the Sejm without the president present.

Berek, previously elected by the Sejm, used an oath formula addressing the president. He also said he had submitted a written version with a notarised signature. Nawrocki did not attend the ceremony and said no oath had been taken before him.

The president argued that the tribunal should continue operating with its existing membership. His position forms part of the continuing dispute over the procedure for taking office, rather than a new court ruling on a case’s merits.

Tribunal president Bogdan Swieczkowski met Berek but said he had not allowed him to adjudicate pending an oath before the head of state.

Opponents of the appointment gathered outside the tribunal. Reports described clashes with police and difficulty entering the building. Protesters also challenged the sufficiency of Berek’s legal experience. That is their argument, rather than a fact of ineligibility established by this account.

Police said they were maintaining safety and order near the building and taking measures where necessary to ensure access for authorised people.