Nawrocki rejects Maciej Berek's Tribunal oath as prosecutors review complaints from both camps

In brief

• President Nawrocki does not accept the oath Maciej Berek took in the Sejm on 14 October without him present.
• TK president Bogdan Święczkowski has not allowed Berek to adjudicate pending the president's answer.
• Prosecutors questioned Mariusz Błaszczak and Jarosław Kaczyński as witnesses on Friday.
• The president visited the Tribunal overnight, and the visit ended in a disputed incident with judge Anna Korwin-Piotrowska.

Oath taken without the president

The Sejm elected Maciej Berek as a Constitutional Tribunal judge on 4 September (Błaszczak przesłuchany ws. Berka i Czarzastego. Będzie śledztwo? – RMF24). On 14 October he took the oath in the lower chamber, using the formula that he swore before the president, although Karol Nawrocki was not present (Błaszczak przesłuchany ws. Berka i Czarzastego. Czynności sprawdzające ws. TK – dorzeczy.pl).

Berek then submitted the oath documents at the President's Chancellery and went to the Tribunal building, where TK president Bogdan Święczkowski told him he would not be allowed to rule until the president confirms whether he regards the oath as taken in his presence. Święczkowski said he was sending a letter to the president that day.

Presidential position and political reaction

The Chancellery has treated the oath as invalid. Nawrocki has stated that he does not accept the pledge (Maciej Berek kontra Karol Nawrocki w TK. Konstytucjonaliści reagują – Wprost). Constitutional law professor Ryszard Piotrowski called the position absurd and said the meaning of legal terms cannot be changed (Prof. Ryszard Piotrowski o Macieju Berku w TK. „Nie można wymyślać nowych znaczeń słów” – Rzeczpospolita). Professor Marek Chmaj said the decision to refuse the oath is not among the head of state's powers.

Prosecutors question party leaders

On Friday, PiS club leader Mariusz Błaszczak was questioned as a witness and complainant in preliminary checks concerning the oath and Czarzasty's role (Mariusz Błaszczak przesłuchany w sprawie ślubowania Macieja Berka w Sejmie – TVN24). Prosecutor's office spokesman Przemysław Nowak said the case has not yet reached an investigation. The same team also handles the probe into judges who have been blocked from adjudicating.

The same day, PiS leader Jarosław Kaczyński was questioned as a witness in the judges probe (Kaczyński w prokuraturze. Chodzi o sprawę sędziów TK – Wirtualna Polska) (Kaczyński przesłuchiwany. Prezes PiS stawił się w prokuraturze – RMF24). That investigation was opened at the end of April and covers four judges elected in March. In late September, charges were brought against the Tribunal's court director and the commandant of the Tribunal Guard.

Overnight visit to the Tribunal

Nawrocki visited the Tribunal building overnight. A recording published by Maciej Berek shows the president pushing through people in the doorway (Nocna wizyta Karola Nawrockiego w TK. „Prezydent z impetem wpadł w sędzię” – Rzeczpospolita). Berek said Nawrocki was not interested in talking and bumped into judge Anna Korwin-Piotrowska. Presidential minister Marcin Przydacz said the judge had forcefully pulled at the head of state.

Read also

• Nawrocki enters Constitutional Tribunal overnight as dispute over court leadership escalates
• Judges Move to Take Over Constitutional Tribunal Leadership, Dispute Over the Move Grows