Maciej Berek, elected by the Sejm as a Constitutional Tribunal judge in September, took the oath in parliament on Wednesday using the wording “before the president.”
He then submitted a written version of the oath to the President's Office, with his signature certified by a notary. He later visited the Tribunal with other judges elected by the Sejm during the current parliamentary term and met its president.
Demonstrators, including members of the Border Defence Movement and Gazeta Polska clubs, clashed with police outside the building. Protesters also attempted to block the entrance.
Tribunal President Bogdan Święczkowski said Berek had not been admitted to adjudicate pending a response from President Karol Nawrocki confirming that he considered the oath to have been taken in his presence.
Żurek said he had received information that Berek had been grabbed or roughly handled and wanted prosecutors to investigate.
Berek later told TVN24 that Święczkowski had physically prevented him from entering a corridor used by judges.
“Judges who have been assigned offices, Judge Patyra and Judge Bentkowska, said they were inviting us in for a moment so that we could see what their workplace looks like. Then something unexpected happened: Judge Święczkowski literally ran out from behind me … and pushed me away from the entrance to the corridor,” Berek said.
He added that there had been no scuffle and that he had filed a criminal complaint alleging a violation of the bodily integrity of a public official. He also asked prosecutors to secure CCTV footage.
Żurek said he had instructed Korneluk to take immediate procedural action on his own initiative and assess the alleged unlawful conduct under criminal law. He cited Article 13 of the Law on the Public Prosecutor’s Office.
Święczkowski denied that force had been used inside the building.
He said that those who had not taken the oath in the president’s presence had tried to force their way into the judges’ section of the Tribunal’s headquarters, but he had prevented them from doing so.
Żurek said prosecutors were already investigating the alleged prevention of judges from taking up their duties. Two Tribunal employees had been charged and suspended from their duties, he said.
Asked about the Tribunal’s immediate future, the minister said he expected it to be rebuilt and resume work. He described the number of judges as having reached a “critical mass” but said he wanted to see the judges’ plan before commenting on possible scenarios.
(sp)
Source: PAP