Maciej Berek challenges tribunal chief following election by Polish parliament

Challenges to tribunal leadership

Newly elected Constitutional Tribunal judge Maciej Berek challenged the authority of the court's president, Bogdan Święczkowski, during television interviews on 7 September 2026. Berek argued that Święczkowski cannot lawfully perform the function of directing the tribunal due to irregularities in bench assignments and court leadership. He cited a binding ruling by the Court of Justice of the European Union from 18 December 2025, which identified legal defects in the appointment of former president Julia Przyłębska that he stated apply equally to Święczkowski. Berek also noted that sitting judges have publicly issued open letters on two separate occasions detailing manipulations of judicial panels. He stated that only judges properly elected by the Sejm should be permitted to adjudicate cases.

Speaking on TVN24, Berek addressed the position of the tribunal head.

Mr. Święczkowski should decide his own fate. However, he certainly cannot perform the function of directing the Constitutional Tribunal.

Swearing-in standoff at the presidential palace

The Sejm elected Berek on 4 September 2026 as the eighth judge appointed during the current parliamentary term. Uncertainty surrounds his formal oath of office, as President Karol Nawrocki previously refused to administer the oath to four of the seven judges elected earlier by the chamber. Those four judges subsequently took oaths in the Sejm before the president without his presence, but Święczkowski prevented them from adjudicating. Paweł Szefernaker, the head of the presidential cabinet, stated on 7 September 2026 that legal analyses are underway regarding Berek's swearing-in and confirmed that substantial doubts exist. Following a meeting with Sejm Speaker Włodzimierz Czarzasty on Monday morning, Berek noted that his term begins on 16 September 2026, while the term of sitting judge Justyn Piskorski expires on 18 September 2026.

Asked about how he will proceed if no presidential invitation arrives, Berek explained his stance during his appearance on TVN24.

The only thing I can do is consistently expect that everything will proceed in accordance with the law.

Disputes over legal qualifications

Opposition lawmakers and legal figures have questioned whether Berek satisfies the statutory requirements for the role. The Constitutional Tribunal Act requires a minimum of 10 years of professional practice as a legal counsel (radca prawny). Supreme Court judge Kamil Zaradkiewicz stated publicly on 7 September 2026 that an entry on the official register is not equivalent to actual legal practice and that serving as a government minister does not qualify. In response, Berek defended his credentials in an interview with Wirtualna Polska, explaining that his registration record shows 17 years of legal counsel practice. He stated that while state officials are legally barred from running commercial law firms, drafting normative acts and preparing legal opinions constitute valid professional legal counsel work.

Career path from cabinet to court

Berek's direct transition from the Council of Ministers to the judiciary drew criticism from political opponents regarding potential conflicts of interest. Berek served for 28 years in state administration, including three years as a cabinet member under Prime Minister Donald Tusk. He became Minister and head of the Standing Committee of the Council of Ministers in December 2023, took charge of a government deregulation team in March 2025, and was appointed Minister for Government Policy Implementation Supervision during the July 2025 cabinet reshuffle. In mid-August 2026, Tusk gave conditional approval for Berek's resignation to contest the tribunal vacancy. Berek rejected assertions that his appointment was purely political, while presidential aides recalled past government promises not to nominate active politicians to the constitutional bench.