Berek was reported by a group of Members of the Civic Coalition. His candidacy the day before was welcomed by the Parliamentary Committee on Justice and Human Rights. The counter-candidate was lawyer Artur Kotowski, who was notified by Law and Justice to the elections.
In Friday's vote, Berek received 226 votes, while Kotowski won 184 parliamentarians' support. The candidate was voted by 155 Members of the Civic Coalition, 30 representatives of the PSL-Third Way and 21 MPs of the Left. The parliamentarians of Law and Justice and improvement Plus spoke for Kotowski. On the another hand, 15 Confederate Members rejected both candidates.
Controversy
The vote was preceded by a heated debate in the plenary. The debate was attended, among others, by the Head of the Chancellery of the president of Poland Zbigniew Bogucki and Deputy Prime Minister and Minister of National Defence Władysław Kosiniak-Kamysz.
One of the main arguments put forward by the opposition was doubts about Berk's professional experience. Politicians against his candidacy besides pointed to his erstwhile engagement in political activity. In their view, the erstwhile minister may not have complied with the request for a sufficiently long profession of legal counsel.
Similar reservations have already been raised in the committee's session. Berek then presented a paper issued by the Dean of the territory Council of the Chamber of Legal Advisers, which was to confirm his rights and professional status.
Ready to serve
The government organization defended his candidacy, highlighting first of all his legal experience and cognition of the state's functioning. Representatives of the parliamentary majority argued that the election of a justice of the Constitutional Tribunal should be decided primarily on the competence and preparation to serve.
Mr. Maciej Berk's allegations come down to 1 thing: you are afraid of the presence of specified a prominent lawyer in the Constitutional Court – said Jarosław Urbaniak.
Donald Tusk, presenting Berk's candidacy, referred to earlier declarations concerning the non-election of erstwhile ministers to the Court.
I realize that principle, I'm convinced of it myself, but what's most crucial present is the work of people who are highly competent, brave – said the Prime Minister.
Key principles
The judges of the Constitutional Tribunal are elected by the Sejm individually for a nine-year term. An absolute majority is needed to make the choice. In accordance with the Rules of Procedure of the Sejm, a group of at least 50 Members or the Bureau of the Sejm may apply for a word of office.
The election of a fresh justice was essential due to the forthcoming end of the word of office of Justyn Piskorski, which expires on 18 September.
