Polish NGOs urge PM’s “right-hand man” to withdraw constitutional court candidacy

A group of Polish civil society organizations has called on Maciej Berek, a senior figure in the current government, to step down from his bid to become a judge of the Constitutional Tribunal (TK). The request comes amid concerns that Berek's close relationship with Prime Minister Donald Tusk could compromise the tribunal’s independence. The organizations argue that restoring public trust in the court, which has faced ongoing controversy since 2015, is essential for its legitimacy. The appeal was issued jointly by nine groups, including the Helsinki Foundation for Human Rights, the Institute of Public Affairs, and the Stefan Batory Foundation. They stated that the tribunal can only function effectively if it is seen as an impartial arbiter. In their statement, the groups emphasized that the recent political turmoil surrounding the court, particularly during the tenure of the previous Law and Justice (PiS) government, has left lasting damage to its credibility. Prime Minister Tusk announced earlier this month that Berek, who previously served as a government minister and is often described as his “right-hand man,” would be nominated as a candidate for the Constitutional Tribunal. This decision has sparked debate, especially given Tusk’s campaign promise to depoliticize the court after the PiS government appointed former politicians to judicial roles. The NGOs expressed concern that Berek’s appointment might be viewed as politically motivated, even if he possesses the necessary legal credentials and personal integrity. The organizations highlighted that the current ruling coalition had proposed a legislative measure in 2024 that would prevent individuals who had held political office in the past four years from being appointed to the tribunal. Although the law was passed by parliament, the Constitutional Tribunal later deemed it unconstitutional after former President Andrzej Duda, a PiS ally, requested a review. Despite this, the NGOs argued that the Sejm, the lower house of parliament, should still consider adhering to the spirit of the proposed legislation when selecting new judges. Public perception of the justice system in Poland has deteriorated under the current administration, according to state polling data. A survey conducted by CBOS, a prominent research firm, revealed that 61 percent of respondents now hold a negative view of the justice system, compared to 55 percent in 2022 and 51 percent in 2017. This decline contrasts sharply with the government’s assurances that it would restore the rule of law. The NGOs also pointed out that Berek’s nomination contradicts the principles outlined in the coalition’s proposed legislation. They noted that while the law has not yet taken effect, the Sejm should still respect the standards it set forth. The organizations urged the Sejm to select a candidate who is not visibly tied to the current political leadership, emphasizing that such an approach would help rebuild the tribunal’s reputation. The situation has raised questions about the future direction of the Constitutional Tribunal. While the government maintains that its reforms aim to strengthen judicial independence, critics argue that the process remains influenced by political considerations. The upcoming selection of judges will likely remain a focal point of public scrutiny, with many hoping for a more transparent and impartial process.