There is no basis for making any decision of the Minister of Finance, said Professor Marek Safjon, the former head of the Constitutional Court and former judge of the European Union Court in “Fact po Factach” on TVN24. In this way, he pointed to the acceptance of the financial report of the PiS committee by the National Electoral Commission and, in this way, implemented the decision of the unrecognized chamber of the Supreme Court. In his opinion, the content of the decision of the National Electoral Commission on this issue is “legal review”.
On December 30, the National Electoral Commission accepted the financial report of the PiS committee from the 2023 parliamentary elections. 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 the appeal of PiS regarding the previous rejection of the report by the National Election Commission.
The adopted decision of the National Electoral Commission states that it was adopted “only as a result of the acceptance of the appeal (PiS – ed.) by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court”. It was added that this decision “exclusively and directly relates to the judgment that should be issued by the authority that is a court within the framework of the constitution and the Election Code.” “The National Electoral Commission does not determine that the Supreme Court of IKNiSP is a court and does not determine the effectiveness of the verdict,” it is stated in paragraph 2 of the decision.
Therefore, the head of the National Electoral Commission sent a letter to the Minister of Finance Andrzej Domanski, informing him that there is no longer any reason to reduce PiS subsidies. The next step belongs to Domanski.
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Professor Safjan on the decision of the National Election Commission: no decision
Professor Marek Safjon, former head of the Constitutional Court and former judge of the European Union Court, spoke about this in “Fact po factch” on TVN24.
– In general, the question of what the finance minister should do can be changed. Exactly – should he do something in a situation where there seems to be no solution – he said.
He added that “there is no decision” from the judicial control, because “such an apparent decision was issued by the Extraordinary Control Chamber (and the Department of Public Works – ed.), which is not a court.”
Professor Safjan assessed that in the justification of the judgment of the European Union in this case “there is a clear statement that prevents any maneuver in admitting that we are dealing with an extraordinary control chamber”.
– It was difficult for me to agree with the position of judge Manowska (the first president of the Supreme Court – ed.), who claims that it was difficult for issues that do not concern the ruling of the rule of law in Poland and the situation in Poland. . Of course it is, so it is a mandatory sentence. It is impossible to imagine that someone is a judge from the point of view of European standards and requirements, which define the concept of an impartial court, but not a judge from the point of view of Polish standards, – he emphasized. He added that “the standards are the same and are mandatory for all countries.” – Polish judges are European judges, – he noted.
– There is no doubt that this verdict (Extraordinary Control and Public Affairs Chamber – ed.) could not create any legal consequences, – continued the former chairman of the Constitutional Court.
Professor Safjon on the content of the NEC decision: a legal curiosity
Referring to the content of the NEC decision, Prof. Safjan said it was a “legal curiosity”. – Because for the first time we are dealing with an event that creates a conditional decision. This is like saying: “I will pay Kowalski PLN 100,000 as compensation, provided Kowalski is a criminal.” A judgment rendered in this way is not a judgment. This (such a decision – ed.) cannot have legal consequences, because it is internally contradictory, said Professor Safjan.
– We are dealing with a situation in which there is no basis, there is no basis for the Minister of Finance to make any decision – added the guest of TVN24.
– I think that the only reasonable statement that should be made in such a situation is the statement that we do not have the decision of the National Election Commission, – he added.
Professor Safjan on the content of the decision of the Council of Ministers: legal curiosity TVN24
Professor Safjon about the “very dangerous situation”
Professor Safjan also spoke more broadly about the chaos related to the state of the justice system.
He admitted that he understood the public’s frustration with the current situation. – But at the same time, we remember that there is already a lot of work that is being done within the possibilities of the state, but many of the responsibilities of other bodies, for example, the head of the state, are not fulfilled, – he said. noted.
– And this is a very dangerous situation, because the president cannot say: “Okay, this is my arbitrary decision.” There is no arbitrary decision here, one should make decisions that are in the interest of the society, – said the guest of “Facti Po Fattach”.
Main photo source: TVN24
