Maciej Berek on 21 September asked president Karol Nawrocki to immediately indicate the place and the time erstwhile he took his oath as justice of the Constitutional Court. The Sejm elected him on 4 September, but the Palace demands papers confirming the required advisory internship. The dispute blocks office and exacerbates uncertainty around the constitutional court.
Berek addresses the president directly
Maciej Berek published a letter to president Karol Nawrocki on Monday 21 September. He asked for an immediate indication of the place and time in which he would be able to take his oath as justice of the Constitutional Court. As he pointed out, the President's Chancellery had not previously received information about the date of the ceremony.
Berek recalled that The Sejm elected him on 4 September 226 votes. According to his interpretation, the nine-year word should begin on 16 September. He besides referred to Article 4(2) of the Act on the position of Judges of the Constitutional Tribunal, according to which refusal to take a vow means resignation of the position. That's why he wants to formally show that he's willing to do his duty.
Palace indicates formal requirements
The dispute does not concern the calendar itself. The President's office raises doubts as to whether Berek has demonstrated at least a ten-year period of actual practice as legal counsel required from a candidate for justice of the Constitutional Tribunal. Official position of the Presidential Palace speaks of the request to verify professional conduct before taking a vow.
Berek presented a certificate from the territory Chamber of Legal Advisors in Warsaw. It follows that he was listed on the list of legal advisers in 2002 and applied for the profession from 1 January 2006 to 31 July 2009 and from 1 August 2012 to September 2026. However, the Palace expects a paper confirming actual practice, not just position on the list.
Former Minister must be subject to strict control
Maciej Berek has extended legislative experience, but until late he was a minister in the Donald Tusk government. specified a close transition from the executive office to the Court must mean an increased standard of transparency. Prior doubts about his qualifications They can't be besides political haste.
This does not prejudge that Berek does not comply with statutory conditions. However, it means that papers should be shown and assessed by 1 legible measure. The President, as a guardian of the state's continuity, has the right to request certainty before taking a vow from a individual appointed to settle major constitutional disputes. However, the firm should not replace this control with silence. It must clearly indicate what evidence is missing and on what basis.
The Court cannot be the spoil of a majority
Berk's case is another revelation of the conflict over the Court's cast. The president has not previously taken a vow from 4 people elected by the Sejm of this term. They took a vow in the Sejm, but the president of the Constitutional Tribunal Bogdan Święczkowski did not let them to rule. There is simply a state where each institution gives its own explanation and citizens are little and little assured about the functioning of the constitutional court.
The stakes for Poles are real control of power and protection of civilian rights. The Court cannot become a retention facility for the people of the current government or a tool to prolong the organization war. The Palace should complete verification on the basis of documents, and Berek should disclose the full confirmation of the required internship. The state is strong erstwhile the procedure is equally hard on its own and strangers.
Source: writing by Maciej Berk described by OKO.press, Onetu account, Office of the president of Poland.
Source: OKO.press
