– There are no winners and losers in this resolution, – said Sylvester Marciniak, head of the National Election Commission, in “Facti po Factach” on TVN24 after the adoption of the report of PiS, the committee. – I don’t think that any pressure from any side of the political debate will affect the decision of the members of the National Election Commission – he said.
Sylvester Marchiniak announced on Monday that “the National Election Commission has accepted the financial report of the PiS committee for the parliamentary elections of 2023, following the decision of the Supreme Court.” 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.
One of those who refused was Rizard Balichi. After leaving the headquarters of the National Election Commission, he told reporters that “every vote requires thought and common sense” and as a member of the commission “they made such a decision.” When asked why he abstained, he said that “it was a result of the votes he had previously held”. – I had doubts about the court, I could not have voted otherwise, – he emphasized.
Balicki: With doubts about the panel, I could not vote for TVN24 otherwise
In mid-December, the Chamber of Extraordinary Control and Public Relations of the Supreme Court, whose activities are being questioned by European tribunals among others, accepted PiS’s appeal against the rejection of the report by the National Electoral Commission.
MORE ON KONKRET24: The National Electoral Commission accepts the PiS report. What next? “The minister pays or not”
Marchinyak claims: we have not made another decision
On Monday evening, Marcinyak was a guest of the “Facti po Factach” program on TVN24. He was asked why a different decision was made today, because on December 16, the committee postponed the decision on this issue until “the systematic regulation of the constitutional bodies of the Republic of Poland on the legal status of the Chamber of Emergency Control and Public Affairs.” The Supreme Court and the judges participating in the decision of this Chamber”.
– We have not made another decision. On December 16, we only made a decision to postpone (decision – ed.), (…), we did not change the decision, because practically (at that time – ed.) we only made a decision to postpone – – answered the judge.
Marchinyak: we have not made another decision, the decision of December 16 was not the decision of TVN24
He also stated that the decision made on December 16 “is not really a resolution, because according to the provisions of the Election Code, the National Electoral Commission makes decisions on issues arising from the Law.” He noted that “no provision of the Electoral Code regulates the postponement or suspension of this decision”.
The chairman of the National Election Commission also stated that in this situation it is not possible to talk about the “restoration” of the resolution. He noted that repeated evaluations are carried out when voting on the same resolution with the same content. – Please note that a position was taken on December 16, a conclusion that is not fully reflected in the Election Code, we are postponing the decision for some time, – he continued.
Marciniak: we did not change the decision TVN24
Marciniak: there was no pressure
Marcinyak said in the program that “there are no winners and losers in this resolution.” He was also asked whether there is political pressure on this issue. – I don’t think that any pressure from any side of the political dispute influenced the decision of the members of the National Election Commission – he answered.
He assured that there is no pressure on him personally in this matter. “Sylvester Marciniak, when it comes to the National Election Commission, serves the voters and Poland,” he said about himself.
The chairman of the committee pointed to the verdict of this decision, which states that “The National Election Commission does not determine that the IKNiSP SN (Emergency Control and Public Affairs Chamber of the Supreme Court – ed.) is a court and determines the effectiveness of the verdict.”
– We do not decide whether this chamber, this seat is competent in this type of cases (to judge – ed.), – continued Marchinyak. – We will not make a decision. In the second paragraph (in the decisions of the National Electoral Commission – ed.) it is clearly stated that we do not make decisions because we are not authorized to do so. We are not a court or tribunal to determine whether a judge is a judge or a chamber is a chamber. There are completely separate cases, often court proceedings, he added.
Marcinyak: I think that everyone understands the content of this resolution in their own way
The chairman of the National Election Commission also referred to the opinion of the former chairman of the National Election Commission, professor Andrzej Zoll, who said that he saw “complete resistance” in the decision of the National Election Commission.
– I think that everyone (everyone – the editor) understands the content of this decision in his own way. All due respect to Professor Zoll, the first chairman of the National Election Commission, but until 1993, so (it was – ed.) a completely different era, – he replied.
To the question whether Monday’s decision of the National Election Commission calmed the situation regarding the decision on the validity of the next election, he answered as follows: – I hope it calmed the atmosphere.
Head of the National Election Commission on sending a letter to the Minister of Finance
The guest of TVN24 was also asked if after Monday’s decision, a relevant letter has already been sent to the Minister of Finance, because he is the one who officially decides on the payment of money to political parties.
– Yes, he has prepared a team for financing election campaigns and political parties (National Election Office – ed.). The result is that the letter sent on August 30 (when the National Electoral Commission rejected the report of PiS before the decision of the Supreme Court – ed.) has no legal effect regarding the adoption of this decision – he replied.
Marciniak also said that the National Electoral Commission tasked him, as the head of the commission, to arrange a meeting with the first president of the Supreme Court, Malgorzata Manovska, to discuss the composition of the election commissions.
Asked if the National Electoral Commission wants to ensure that newly appointed judges do not hear election complaints, he replied that “it could be very comprehensive.” – The main conclusion was that we should meet and talk about the composition of the boards of these cases, – he added.
Main photo source: TVN24