Polish government weighs alternative oath for Constitutional Tribunal judge Maciej Berek as presidential standoff persists

Stalled appointment and eligibility dispute

Maciej Berek, elected by the Sejm in early September 2026 as a judge of the Constitutional Tribunal, remains unable to assume his judicial duties because President Karol Nawrocki has not administered his official oath. Berek is the eighth judge elected to the tribunal during the current parliamentary term, with his tenure scheduled to have commenced on 16 September 2026. The Chancellery of the President raised objections regarding Berek's qualifications, specifically questioning whether he meets the statutory requirement of ten years of active practice as a legal counsel. Zbigniew Bogucki, head of the presidential chancellery, sent official inquiries to the Sejm Chancellery, while presidential spokesperson Rafał Leśkiewicz confirmed that Nawrocki would administer the oath only after Berek submitted proof of his professional tenure. In response, the Sejm Chancellery stated that no formal obstacles exist to prevent the swearing-in at the Presidential Palace, with government officials maintaining that verifying qualifications exceeds the competencies of the presidency. Berek rejected the claims and published a certificate from the Regional Bar Council documenting his admission in 2002, alongside registered practice periods from 1 January 2006 to 31 July 2009 and from 1 August 2012 to the present.

Alternative swearing-in procedures

With the presidential standoff continuing, parliamentary and government leaders are examining alternative mechanisms to finalize the appointment. One potential scenario involves conducting the swearing-in ceremony in the Column Hall of the Sejm with the participation of the Marshal of the Sejm. This route mirrors the earlier ceremony for four tribunal judges whose appointments were blocked by the presidency after the presidential chancellery argued that the Sejm failed to specify whose seats they were filling or when their terms commenced. Those four judges completed oaths utilizing the statutory formula that they were sworn in before the president. Another procedural alternative under consideration entails Berek signing an oath declaration before a notary and formally delivering the attested documentation to the Presidential Chancellery. Deputy Prime Minister Krzysztof Gawkowski advocated for direct parliamentary action if the president declines to act.

The path is clear. The president did not fulfill his constitutional duties, so the marshal of the Sejm will fulfill them.

Opposition lawmakers criticized the proposed workarounds, with Law and Justice member of parliament Michał Wójcik mockingly stating on social media that constitutional imagination has reached absurd limits.

Judicial reactions and international scrutiny

Former Constitutional Tribunal President Marek Safjan publicly advised Berek to abandon further waiting for a presidential invitation and pursue alternative swearing-in methods. Safjan emphasized that an impending assessment from the Venice Commission would address the validity of oaths administered in the Sejm, expressing confidence that the international advisory body would endorse the parliamentary format.

This is an absolutely unprecedented situation. This waiting for admission to adjudicating is a prolonged, unending constitutional tort.

Sitting Constitutional Tribunal judge Sławomir Patyra reflected on his own past experience of waiting for presidential recognition, warning against exerting external pressure on Berek. Patyra highlighted that prolonged institutional limbo damages tribunal operations, preventing elected judges from convening deliberations, drafting rulings, or examining pending cases as had been standard throughout his nearly thirty years of professional legal practice.