Prime Minister Donald Tusk backs former minister for Constitutional Tribunal despite earlier pledge — The Debate
Tusk defends the nomination of ex‑minister Maciej Berek to Poland's top court, sparking criticism from coalition partners and EU watchdogs.
Prime Minister Donald Tusk has confirmed his support for former minister Maciej Berek as a candidate for Poland's Constitutional Tribunal, even though he previously pledged to keep politicians out of the court.
Berek, who until 11 August served as the minister responsible for coordinating the government's legislative programme and chaired the Standing Committee of the Council of Ministers, has had his duties transferred to Joanna Knapińska, head of the Government Legislation Centre.
His nomination has drawn criticism from coalition partners and legal experts because, while in opposition, Tusk argued that former politicians should wait at least four years before becoming judges on the Tribunal.
At a press conference on 13 August, Tusk defended the choice, saying Berek is exceptionally qualified to help restore the court's credibility.
"I don't know anyone better prepared than Maciej Berek for the task," Tusk said, describing him as "one of Poland's most outstanding practising lawyers" and an "apolitical and non‑partisan figure".
Tusk accused the previous Law and Justice (PiS) government of severely damaging the institution and said extraordinary measures are needed.
He noted that a normal election to a normal Constitutional Court is not currently possible.
The government had earlier introduced legislation barring former ministers from becoming Tribunal judges for four years; the Sejm passed the bill on 13 September 2024, but it has not been signed into law.
Former President Andrzej Duda referred the law to the Tribunal for preventive review on 7 October 2024, halting its entry into force.
Tusk acknowledged the apparent conflict with his earlier stance but argued that the immediate need to repair the court outweighs the principle.
The European Commission has warned that continued politicisation of Poland's top court could trigger further suspension of EU recovery funds, which are already linked to rule‑of‑law benchmarks.
The Court of Justice of the European Union has previously affirmed that member states must safeguard judicial independence, a standard that Brussels says is being tested in Warsaw.
Poland's dispute mirrors similar tensions in Hungary, prompting EU institutions to keep a close watch on how the Tribunal's composition evolves.
Tusk reiterated that his priority is to restore the Tribunal so it functions objectively, free from presidential or party control.
He rejected suggestions that Berek is a personal or party candidate, saying the former minister simply left the government to seek nomination.
The Tribunal's 15 judges are elected by the Sejm for single, non‑renewable nine‑year terms and review the constitutionality of legislation.
The court has been at the centre of a long‑running rule‑of‑law dispute dating back to reforms introduced by the PiS government between 2015 and 2023, which the European Commission criticised as political interference.
Tusk's Civic Coalition is a member of the European People's Party, the largest group in the European Parliament, giving him a platform to argue Poland's case in Brussels.