Polish presidency questions Maciej Berek's qualifications for Constitutional Tribunal

Presidential inquiries into qualifications

The Chancellery of President Karol Nawrocki has delayed a decision on swearing in Maciej Berek as a judge of the Constitutional Tribunal, citing doubts over his formal qualifications. Chief of Staff Zbigniew Bogucki announced at a Tuesday press conference that the presidency is preparing formal inquiries to Sejm Marshal Włodzimierz Czarzasty. The inquiries focus on whether Berek fulfills statutory requirements under the Supreme Court Act, which requires ten years of active legal practice or a professorial title. Bogucki maintained that registration on the list of legal advisers is insufficient without documented proof of actual casework. The presidency plans to request records from Berek's previous employers, including the Senate, the Chancellery of the Prime Minister, the Ombudsman Office, and the Supreme Audit Office.

Bogucki detailed the presidential position regarding tribunal qualifications:

It is not bad will on the part of the president. The president is the guardian of the constitution and it cannot be that ultimately a person is admitted to adjudicating on the most important constitutional matters of state in the Constitutional Tribunal who perhaps, as much points to, does not meet the formal, initial, basic conditions to be processed and voted on by the House.

Government roles and career timeline

Berek joined Donald Tusk's cabinet in December 2023 as a minister-member of the Council of Ministers and head of the Standing Committee. In March 2025, he was appointed to lead the deregulation team inside the prime minister's office. He subsequently took the post of minister for supervising government policy implementation in July 2025 before stepping down in August 2026. The Sejm elected him to the Constitutional Tribunal with votes from the governing coalition following a Civic Coalition nomination. Berek published documentation showing two registration periods as a legal adviser, covering January 2006 to July 2009 and August 2012 to the present date.

Debate over political neutrality

Opposition politicians and presidential aides criticized the transition from cabinet office to the constitutional bench. Prime Minister Donald Tusk described Berek as his right hand in executing government priorities. Minister of Justice Waldemar Żurek defended Berek's professional independence on Polish Radio 3, arguing that the prime minister overstepped in that description.

It seems to me that harm was done to him by advertising him that way. And the prime minister, in speaking about this right hand, went two steps too far. I can say this because I saw Minister Berek at work. He has a very strong character.

Żurek also argued that Berek is not a politician because he does not belong to a political party. Razem co-leader Adrian Zandberg disputed that definition on social media, posting that under such logic President Nawrocki would not qualify as a politician. Civic Coalition deputy leader Cezary Tomczyk maintained that the president is constitutionally bound to accept the Sejm's selection.

Potential swearing-in scenarios

The dispute leaves two primary paths forward for the presidency, according to parliamentary sources from both sides. President Nawrocki may continue postponing the swearing-in ceremony or issue a formal refusal against Berek's appointment. Legal observers close to the tribunal note that Berek could wait up to 14 days before submitting a notarized oath formula or taking the oath in the Sejm's Column Hall. Justice Minister Waldemar Żurek recalled past instances where judges took oaths in the Sejm without presidential involvement. Bogucki stated that the presidency will decide its course only after receiving formal replies and documents from the Sejm.