If the Minister of Finance sees evidence against the transfer of money to PiS, he should make a decision that can be appealed to, for example, an administrative court – said Prof. Marcin Wiček, Ombudsman, in “Rozmova Piastskiego”.
Sylvester Marciniak, head of the National Electoral Commission, announced on Monday that the National Electoral Commission, following the decision of the Supreme Court, accepted the financial report of the PiS committee from the 2023 parliamentary elections. According to him, out of 9 members of the National Election Commission, four voted in favor of the approval of such a resolution, three were opposed and two were neutral.
This was the result of the decision of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, whose activity, including the European tribunals, is being questioned. This chamber accepted PiS’s complaint about the previous rejection of the report by the National Electoral Commission.
READ MORE: Return of PiS financial statements
The ombudsman, Professor Marcin Wiček, spoke about the decision of the National Electoral Commission on Thursday in “Rozmova Piaszkiego” on TVN24.
– The purpose of the National Electoral Commission was to accept this report and create legal consequences that the Election Code is related to the acceptance of political party reports – he said.
In response to the question whether he thinks that the Minister of Finance should now pay PiS, he replied that “if the Minister of Finance has other intentions, he should decide about it.” – He must issue a decision, a document that can be considered by the court later. I believe that in a democratic country it is unacceptable that the decision to finance a political party should be the decision of a minister or a politician – said the guest of TVN24.
– The National Electoral Commission decides and the duty of the Minister of Finance is to implement the decision. We should distinguish the body that makes the decision from the body that implements this decision, he explained.
– If the Minister of Finance sees evidence against the provision of subsidies, and I do not see such evidence, he should make a decision, after which, for example, an appeal can be made to the administrative court, – said Vicek.
Ombudsman: moving judges can lead to uncertain judgments
NEC member Ryzard Balicki suggested on TVN24 on Tuesday that the first president of the Supreme Court, Malgorzata Manovska, may include some “undisputed judges” in the Extraordinary Control Chamber.
According to the Ombudsman, the first president of the Supreme Court “has the authority to transfer judges of the Supreme Court from one chamber to another”.
– This concept, if implemented, can lead to decisions on election matters being made by delegations that do not raise any doubts. This can be done based on the currently applicable provisions of the Supreme Court Act, Wicek said.
Main photo source: TVN24