Under Polish law, a new TK judge must swear an oath before the president. However, after Berek was elected by the lower house of parliament (the Sejm) in September, President Nawrocki declined to set a date for the ceremony. The president’s office alleges that Berek has not provided sufficient evidence to meet the statutory requirement of having practiced as a legal counsel for at least 10 years, a claim Berek disputes, stating he has met the criteria. Nawrocki has also criticized the transition of Berek from a role as Minister for Government Policy Implementation in Prime Minister Donald Tusk’s cabinet to the judiciary.
In response to the presidential blockage, the governing coalition relied on an opinion from the Venice Commission of the Council of Europe. The Commission determined that under Polish law, a judge can be sworn in without the president’s physical presence to prevent political gridlock. Consequently, the Speaker of the Sejm administered the oath. Nawrocki’s spokesperson noted that the Venice Commission’s opinion is not legally binding, and the president stated publicly that Berek “is certainly not a judge of the Constitutional Tribunal.”
On the day of the swearing-in, Berek was physically barred from entering the Tribunal headquarters in central Warsaw by supporters of the right-wing Law and Justice (PiS) party. Approximately 100 protesters blocked access to the building, chanting slogans demanding a “patriotic” response to what they view as the politicization of the judiciary. Police were called to clear the barricades, after which Berek entered the building. Inside, Bogdan Swieczkowski, the president of the Constitutional Tribunal and a close associate of former Justice Minister Zbigniew Ziobro, refused to assign Berek a position. Swieczkowski stated that Berek could not assume office until President Nawrocki recognized the swearing-in. Berek accused Swieczkowski of violating his physical integrity by blocking his path and has filed a criminal complaint.
The current dispute is part of a broader conflict over the independence of Poland’s judiciary. After the PiS party took power in 2015, it implemented judicial reforms that critics describe as bringing the courts under political control. In 2025, the European Court of Justice ruled that the Polish Constitutional Tribunal had violated fundamental principles of EU law and failed to meet requirements for an independent and impartial court. The center-left government, which came to power in December 2023, has identified restoring the rule of law as a primary objective, though previous attempts to depoliticize the courts have faced significant resistance.
Some members of the ruling coalition have expressed concern that appointing a recent cabinet minister to the TK contradicts earlier pledges to ban politicians who served in the last four years from taking judicial roles. Despite the internal debate, the government proceeded with the appointment to break the procedural deadlock. Prime Minister Tusk has pledged to continue efforts to restore the rule of law, while President Nawrocki canceled a scheduled trip to Slovenia following the escalation, visiting Swieczkowski at his official residence instead. The legal status of Berek’s appointment remains contested, with no immediate resolution in sight.
