Tusk said on Thursday that Berek, until this week minister for government policy implementation, was exceptionally well qualified to help repair the institution despite having served in government.
"I don’t know anyone better prepared than Maciej Berek" for the task, Tusk said, describing him as "one of Poland's most outstanding practicing lawyers."
The prime minister acknowledged that backing a former minister appeared to conflict with his own position that Constitutional Tribunal judges should be free of political connections.
"I understand that principle, and I believe in it myself," Tusk said. "But what matters most today is the work of people who are as competent and courageous as possible."
Berek has not yet been formally nominated. Tusk said the candidacy would still have to be discussed within Poland’s governing coalition.
The Constitutional Tribunal reviews whether legislation complies with the Polish constitution. Its status has been at the center of a long-running dispute over the rule of law following changes introduced during the 2015-2023 governments led by the conservative Law and Justice (PiS) party.
Tusk accused PiS of having severely damaged the institution and said the current situation required exceptional measures.
"We do not have a normal election to a normal Constitutional Tribunal today," he said.
The government previously proposed legislation that would prevent members of the government from becoming Constitutional Tribunal judges for four years after leaving office.
Asked about the apparent contradiction, Tusk said the legislation had not been signed by the president and therefore was not in force.
He maintained that politicians should generally have no role in the Tribunal, but said restoring its functioning was now the government’s priority.
Tusk also rejected suggestions that Berek was his personal or party candidate, saying he had merely agreed to allow him to leave the government and seek nomination.
"If he maintains his determination, he will have my full support," Tusk said.
Justice Minister Waldemar Żurek said last week that the Sejm, the lower house of parliament, would probably elect another Constitutional Tribunal judge in September.
The new judge would be the eighth selected by the current parliament.
Berek, an expert in constitutional law, has previously served as head of the Government Legislation Centre and Cabinet secretary between 2007 and 2015.
He joined Tusk's coalition government in December 2023 and became minister for government policy implementation following a Cabinet reshuffle in July last year.
The role granted him direct authority to monitor and evaluate the performance of individual ministers.
Tusk announced on Tuesday that Berek was leaving that post.
His responsibilities will be taken over by Joanna Knapińska, the current head of the Government Legislation Centre. The ministerial position itself will be abolished.
(rt/gs)
Source: IAR, PAP