Civic Coalition defends Maciej Berek's nomination to Constitutional Tribunal as nine NGOs urge withdrawal

Nomination and coalition stance

Poland's ruling Civic Coalition has submitted the candidacy of Maciej Berek for a seat on the Constitutional Tribunal following his formal departure from the cabinet. Berek previously served as minister responsible for supervising the implementation of government policy. Prime Minister Donald Tusk announced the departure before a cabinet meeting, calling Berek his right hand in executing government priorities. An official decree dismissing Berek appeared in the Monitor Polski on Monday, the same day a group of Civic Coalition lawmakers registered his parliamentary nomination.

Despite mounting public criticism over appointing an active cabinet figure to the constitutional court, Civic Coalition confirmed it will not retract the proposal. Parliamentary club spokesperson Dorota Łoboda explained on RMF FM that Berek possesses full qualifications for the judicial role.

This is the candidacy of a person who has all the qualifications to sit on the Constitutional Tribunal, and I had no doubts about that.

Civil society appeal for withdrawal

A coalition of nine non-governmental organizations dedicated to the rule of law published a joint statement on Thursday, 20 August 2026, requesting that Berek withdraw his bid. The signatories include the Helsinki Foundation for Human Rights, the Stefan Batory Foundation, the Institute of Public Affairs, the Civil Development Forum, the Panoptykon Foundation, the Foundation for Poland, the Freedom Foundation, Better Democracy, and the Citizens Network Watchdog Poland.

The organizations noted that the Constitutional Tribunal has experienced an institutional crisis since 2015, pointing to rulings from the European Court of Human Rights and the Court of Justice of the European Union that determined the body no longer meets European standards for an independent and impartial tribunal. The appeal noted that although Berek holds legal credentials and personal integrity, transitioning directly from ministerial office creates the perception of political capture. The signatories also referenced a recently passed reform bill, which President Karol Nawrocki vetoed, containing a provision that would have barred individuals holding specified political offices from joining the court for four years after stepping down.

Legal debate over impartiality

Legal scholars and political analysts have questioned the political optics of the nomination. Retired Constitutional Tribunal judge Ewa Łętowska stated on TVN24 that the prime minister's endorsement complicates Berek's position by entangling a respected jurist in partisan controversy.

Such a recommendation, carried out in this way, is a kiss of death. It is a great pity that an excellent lawyer is placed in a situation where he has no good way out.

Political scientist Ewa Pietrzyk-Zieniewicz from the University of Warsaw echoed that assessment on TOK FM, arguing that the vocal governmental backing labels Berek as a partisan loyalist regardless of his competence. In contrast, University of Warsaw legal scholar Marcin Matczak defended the government's record on the court, arguing that equating current actions with past practices ignores historical facts. Matczak stated on social media that while previous Law and Justice administrations seated three illegally elected judges for nine years and blocked seven legally elected judges from ruling, the Civic Platform coalition never seated an unlawful judge.

People claiming that Civic Platform broke the Constitutional Tribunal are losing disastrously against reason, opposing it with their clear political preference.

Sejm confirmation process

The nomination now heads to the Sejm, where Constitutional Tribunal judges require an absolute majority of votes for confirmation. Lawmakers could hold the confirmation vote during the first parliamentary sitting scheduled for September 2026. The government maintains that appointing an experienced administrative lawyer is a necessary legal measure to restore functionality to the court following the earlier appointments of political figures such as Julia Przyłębska, Stanisław Piotrowicz, and Bogdan Świeczkowski under the previous administration.