Formal letter and alternative measures

On 21 September 2026, Maciej Berek sent an official letter to President Karol Nawrocki requesting immediate confirmation of a date and location to take his judicial oath for the Constitutional Tribunal. The Sejm elected Berek on 4 September 2026, and his judicial term was scheduled to begin the previous week. In the letter, Berek argued that failing to take the oath could be interpreted under statute as renouncing his judicial post, making prompt action necessary. Speaking on TVN24, Berek stated that he will give the presidential palace a window of short weeks before pursuing alternative options to fulfill his statutory obligation.

Berek insisted that the head of state holds no legal power to block parliamentary appointments.

“There is no such thing as the Sejm electing a Constitutional Tribunal judge and the president de facto invalidating that election by refusing to administer the oath, which the law does not provide for, or delaying the procedure indefinitely.”

Professional practice dispute

The standoff centers on statutory qualifications required for Constitutional Tribunal judges. The Presidential Chancellery questioned whether Berek satisfies the legal requirement of at least 10 years of active practice as a legal counsel. Head of the Presidential Chancellery Zbigniew Bogucki stated that significant doubts remain regarding Berek's career record, requesting documentation of actual legal practice rather than formal registration declarations. Presidential spokesperson Rafał Leśkiewicz confirmed that Nawrocki will administer the oath only if Berek verifies that he meets all statutory criteria.

In response, Berek published documentation from the Warsaw Bar Association of Legal Counsels confirming his admission to the bar in 2002. The bar records show active practice declarations covering 1 January 2006 to 31 July 2009 and from 1 August 2012 onward, totaling 17 years of declared practice. However, reporting from Niezalezna indicated discrepancies between Berek's civil contracts and public asset declarations during his service in government administration, including one year where the specific form of practice was omitted.

Institutional deadlock and investigations

The conflict between the presidential administration and the legislature extends beyond Berek's individual nomination. Of the eight Constitutional Tribunal judges elected by the current Sejm, four remain barred from taking their seats due to uncollected oaths from the president. Those four judges have submitted formal complaints to the European Court of Human Rights, while the National Prosecutor's Office conducts an ongoing investigation into the matter.

Berek also commented on internal dynamics within the Constitutional Tribunal, pointing to potential changes in voting balances at the General Assembly of Judges. He noted that the assembly has an obligation to examine requests regarding judicial immunity, referencing past motions concerning Julia Przyłębska and current scrutiny of tribunal head Bogdan Święczkowski over case assignments.

Berek described irregular assignment patterns under Święczkowski that deviate from statutory rotation rules.

“When looking at panels in cases particularly sensitive to the side from which Judge Święczkowski originates, frankly, this rule of alphabetical assignment of cases according to the order of receipt seems to bend strangely in spacetime, but that indeed requires verification and examination.”

Sejm leadership ends correspondence

The parliamentary leadership has rejected the presidential palace's requests for additional verification. Head of the Sejm Chancellery Marek Siwiec asserted that challenging the validity of a parliamentary judicial election lacks any statutory foundation. Marshal of the Sejm Włodzimierz Czarzasty announced that the parliamentary chancellery has concluded its correspondence with the president regarding Berek's appointment. Bogucki nonetheless sent another formal letter to Czarzasty on 17 September 2026, reiterating demands for documentation. Berek maintains that the Sejm resolved all qualification questions during the election vote on 4 September 2026.