Asking the Chamber of Extraordinary Control and Public Affairs is an act that interferes with the legality of the existence of the current Seimas. If Mr. Shimon Holounia disputes this, he is not the speaker of the Seimas, – said Yaroslav Kaczynski. The PiS president presented this thesis in connection with questions about the decision of the National Electoral Commission, which rejected the financial report of PiS last year. PiS – as Kaczynski said – intends to appeal the decision of the National Electoral Commission to the aforementioned Chamber, but its legality has been questioned by Polish and EU courts and the legal community.
At the end of August this year, the National Electoral Commission rejected the financial report of the PiS electoral committee for the 2023 parliamentary elections. On Monday – by a vote of 5:4 – the National Electoral Commission also rejected PiS's financial report for 2023. This means that PiS may be deprived of subsidies for three years.
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Politicians can appeal within the next seven days to the Supreme Court (more specifically, the Supreme Court's Extraordinary Control and Public Relations Chamber, which hears appeals against decisions of the National Electoral Commission, among others), but – according to Monday's decision – the National Electoral Commission's rulings, which the judges appointed by the “neo-KRS” do not recognize. The point is that, according to the European Court of Human Rights, this Chamber is not a “court established by law” in the sense of the European Convention on Human Rights, and the Court of Justice of the EU ruled. that it does not answer the question of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, because it is not a court within the framework of EU laws.
Kaczynski about the interrogated chamber of the Supreme Court
On Tuesday, a large group of PiS politicians gathered at the party's headquarters on Warsaw's Nowogrodzka Street, where Jarosław Kaczynski said he believed the composition of the National Electoral Commission was “apparently intended to deprive us of equal opportunities.” According to the leader of PiS, the National Election Commission made such a decision in order to reduce the chances of this party's victory in next year's presidential elections. – These will not be regular, equal elections. This is an election where some have more chances and others less, so they are not democratic elections, he said.
PiS politicians at the central conference of the PAP/Radek Pietruszka party
In a block of questions, Kaczynski was asked whether PiS will appeal the decision of the National Election Commission. – Of course we complain, but pay attention to this paradox. Well, you (member of the National Electoral Commission, Rizard) Kalish already said that if the panel of the court is not suitable, he will not recognize the verdicts. That is, who determines the composition of the courts? – asked the head of the PIS.
According to Kaczynski, “there is a completely unprecedented system here, where the distribution of power, everything is completely ignored.” – Asking the Chamber of Extraordinary Control and Public Affairs is an action that calls into question the existence and legitimacy of the current Seimas. If Mr. (Marshal of the Sejm Shimon) Holounia, for example, argues about this, he is not the marshal of the Sejm. Because if, according to him, this chamber is illegal, the Sejm was never approved. So, in the legal sense, it does not exist. Marshal is also absent. All its decisions are illegal, all the decisions of the Seim are illegal, because it is a group of people who are not the Seim. This applies to everyone present here, which I say with regret, but it means it, said the president of PiS. He pointed out that this chamber declared that the parliamentary elections of October 15, 2023, which formed the current Seimas, are valid.
Kaczynski also stated that in this situation, in his opinion, “there is no logic, there is no result of the correlation of individual statements with reality and above all with the law”. – But that's how the authorities judge. They rule on the principle that the law effectively ceases. It is difficult to talk about any cases of violation of the law. This is the general rejection of the law as the basis for the exercise of power, that is, the introduction of a system that does not really have a name, but is a combination of anarchy and elements of autocracy, he said.
PiS politicians at the central conference of the PAP/Radek Pietruszka party
Reminder: The Extraordinary Control Chamber was established by the Sejm Act in 2017 from the majority of the members of the PiS club in the Supreme Court, and consists of persons appointed as judges after 2017 at the request of the National Council of the Judiciary in accordance with the provisions of the 2017 Law, due to this is called neo-CRS. The Chamber of Emergency Control and Public Works has caused protests among lawyers from the beginning. In a January 2020 decision, Supreme Court judges stated that the chamber was “completely composed of judges improperly appointed by the National Council of Political Judges.”
Main photo source: PAP/Radek Pietruszka
