The Sejm elected Maciej Berk as justice of the Constitutional Court on 4 September. He was supported by 226 Members, 7 more than the absolute majority required. Artur Kotowski received 184 votes, and 27 votes were cast against both candidates. For Poles, this is an crucial decision on the composition of an institution that sets constitutional limits of power.
Berek received 226 votes
The vote took place at the 64th session of the Sejm. Z official data of the Chamber 437 Members took part. Maciej Berk's candidate was supported by 226 parliamentarians, Artur Kotowski 184, and 27 voted against both candidates. The absolute majority required was 219 votes. Berek crossed it by seven.
The fresh justice was reported by Members of the Civic Coalition. Kotowski reported Law and Justice. The Sejm elects the Judges of the Court individually for a nine-year term. The vote took place at the end of the 18 September word of justice Justin Piskorski.
A day earlier, the Parliamentary Committee on Justice and Human Rights had positively assessed Berk. He was supported by 16 of the 27 members of the committee, 10 opposed and 1 abstained. Kotowski's candidate received a negative opinion.
From Government to Constitutional Court
Maciej Berek until late served as Minister of Supervision for the implementation of government policy. He previously led the Government Legislative Centre and worked on the lawmaking process for years. Candidate of erstwhile co-worker Donald Tusk From the beginning, she raised questions about the political distance towards the camp, which brought him to the Court.
That question is legitimate. The transition from the Council of Ministers to a body which controls the conformity of the law with the Constitution does not prove a deficiency of independence, but creates an apparent problem of trust. The Citizens' Coalition has made it 1 of the most crucial elements of its own narrative. All the more reason to convince the public that it applies stricter criteria to its candidates than to the nomination of the erstwhile majority.
Prior to the vote, the opposition besides questioned Berk's compliance with the request of appropriate professional traineeship. Marshal of the Sejm Vladimir Czarzasty informed that the Chancellery of the Sejm had verified the candidate's documents. Berek himself declared during the committee's work that after the election he would mark in the registry the cessation of the profession.
Court needs citizens' trust
The election of justice TK is not just a individual decision. The Court evaluates laws on taxes, civilian rights, competences of state authorities and relations of Polish law with global obligations. His rulings affect freedom, legal safety and wallets of Poles.
Therefore growing dispute over the Constitutional Court hits the state independently of organization colors. An institution which 1 half of the country does not recognise cannot effectively act as an arbitrator. Restoration of authority requires clear qualifications, advanced standards and the resignation of seats in the TK as political prey.
Maciej Berek was elected according to the consequence of the parliamentary vote. Now his case law will test whether he can separate the function of justice from fresh government service. 7 votes above the required majority was adequate to choose. However, it is not adequate to build social trust. They must be earned independency in all case under consideration.
Source: Polish Parliament, Bankier.pl
Source: Bankier.pl
