The Chairman of the National Electoral Commission, Judge Sylvester Marciniak, recognizes the Extraordinary Control Chamber of the Supreme Court. This can be seen from his voting. He even wants to force us to admit it. These numbers are not with me – said lawyer Rizard Kalish, a member of the National Election Commission in “Facti po Factach”. As he said, Marciniak wants the members of the National Electoral Commission to make a decision based on the report of the PiS electoral committee, which was delayed on Monday. Kalish revealed that the head of the commission is going to introduce it through the back door. – I comply with the final resolution of the National Electoral Commission from Monday, – he said.
The National Electoral Commission met on Monday to consider the decision of the Supreme Court's unrecognized Emergency Control Chamber, which accepted PiS's appeal against the rejection of the report of the party's electoral committee. However, the commission postponed the decision on this issue until “constitutional bodies of the Republic of Poland do not regularly regulate the legal status of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court and the judges participating in the judgment of this chamber.” In this chamber, decisions are made on issues related to the presidential elections. According to some commentators, the decision of the National Election Commission creates a risk of destabilizing the electoral system in Poland.
After the decision of the National Electoral Commission to postpone the discussion of the report of the PiS electoral committee in Poland, the debate about its validity continues. According to the Electoral Code, recognition of the appeal by the Supreme Court obliges the National Electoral Commission to accept the report of the Electoral Commission, while the status of the Chamber, among others, is called into question. by the current government and some members of the National Election Commission. On this issue, PiS submitted a notice to the prosecutor's office, among others, about the possibility of committing a crime against five members of the National Election Commission who voted to postpone the meeting. The President also criticized the decision of the NEC.
On Tuesday, the Speaker of the Seimas said that he will not ignore the decision of the National Election Commission on Monday. – This, in the opinion of me and our legal service, has potential consequences for the presidential election, and we must think very seriously about how to proceed in order not to destabilize the situation completely, he said.
Kalish: Did anyone expect that the verdict of this existing chamber would be different from that of PiS?
– There are many people in Poland who cannot listen, – said Rysard Kalish in “Facti po Factach”, referring to the voice of criticism against him and the entire national election commission. The lawyer referred to Holounia's statement and reminded Article 131, Clause 2, Clause 3 of the Constitution, which states that “The Marshal of the Sejm shall temporarily perform his duties until the election of the new President of the Republic of Poland.” The President of the Republic of Poland, in case of invalidation of the election of the President of the Republic of Poland or for other reasons after the election, does not take office”.
– If the validity of the election is not established, no matter which candidate wins, because PiS and indeed Mr. President – that's why he is so nervous now, because it was his project – introduced a special chamber (Supreme Court). ed.), which is clearly prohibited by the Constitution, consists of new judges who are not judges – Kalish said.
He noted that the Chamber of Extraordinary Control and Public Affairs is mentioned only in the Law on the Supreme Court and the Election Code in this article. 145 “clearly states” that an appeal against the decision of the National Election Commission to reject the party's financial report should be submitted to the Supreme Court. As Kalish pointed out, paragraph 3 clarifies that “the appeal is considered by the Supreme Court in a panel of 7 judges, in illegal proceedings.”
– A specific legal act, namely the Election Code, has been clearly defined by the Supreme Court, as well as by seven judges of the Supreme Court. There is no chamber, Kalish noted. – Did any of you, even supporters of PiS, expect that the ruling of this chamber, which does not exist, about these seven newly appointed judges, will differ from the wishes of PiS? – wondered the guest of TVN24.
Kalish: Did anyone expect that the verdict of this existing chamber would be different from the PiS of TVN24?
The head of the National Electoral Commission, Sylvester Marciniak, believes that the Minister of Finance should pay this amount to law and justice, because the decisions to reject the report of the party's electoral committee on the 2023 elections and the annual report of PiS for 2023 are not. final and do not bring legal consequences.
– He is wrong, because we should not recognize the judgment of the Supreme Court to consider it invalid. And this chamber is not the Supreme Court, emphasized Kalish. He encouraged people to read the verdict of “this quasi-court”. – There is no reference to all the allegations, to Ziobro's film, to walks. There is only one PiS narrative that taking this money will lead to inequality for the future. But they don't say that the last election was uneven, Kalish said.
According to Kalish, the head of the National Electoral Commission, judge Sylvester Marciniak, recognizes the extraordinary control chamber of the Supreme Court. – This can be seen from his voting. He even wants to force us to admit it. These numbers are not with me, he said.
Kalish said in “Fakti po Faktach” that on Saturday he received an e-mail from the National Elections Office, with information that the head of the National Election Commission “ordered the procedure for the round of resolutions to be adopted until 12:00”. As he said, it refers to “maybe nine” resolutions. He added that among the “irrelevant decisions” highlighted in the message is decision No. 7 called “KW PiS after the Supreme Court”.
A member of the National Electoral Commission explained that this name includes the attached resolution on the financial report of the PiS electoral committee from the parliamentary elections of 2023 – Thus (the head of the National Electoral Commission – ed.) wants us to accept this resolution. that we will solve it We have postponed the issue,” he added.
To the host's comment that Marciniak was introducing the resolution “through the back door,” Kalisz replied: “Exactly.” – I will abide by the final decision of the National Election Commission from Monday and I cannot vote for it at all. However, according to the law, Mr. Rais, as the chairman, controls and implements the decisions. And how will he implement our decision from Monday to postpone until the situation is corrected? Kalish asked.
“I do not refer to the words of the president, this is not my language.”
Kalisz was also asked about the words of President Andrzej Duda, who stated that “this post-communist hydra, which constantly defends and feeds the remnants of communist lies in Poland, has sounded again today, as I understand it, in the Commission national elections”.
– I do not comment on the president's words. This is not my language, Kalish said. He recalled that as the head of the office of the President of the time Alexander Kwasniewski co-authored the Basic Law, especially the provisions related to the President.
– The president can call me, but he should not call me and he has no reason to call me for whatever he wants. He doesn't say anything about me, he says something about him. Including the head (presidential chancellery – ed.) Malgorzata Paprocka, who also does not mince words, he said. – As for the election, we are all responsible people and we will conduct it. I believe that the elections will be held with the National Electoral Commission without any problems, Kalish said.
Kalish: I will not explain the president's words. This is not my language TVN24
“There is no doubt about it: Hungary is breaking European law”
Kalish also commented on the case of former Deputy Minister of Justice Marcin Romanovsky fleeing to Hungary, where he received asylum.
– As the Minister of the Interior, I was a collaborator within the European Council (…) of the asylum law in the European Union, which covered the reciprocal countries, and in this provision on asylum, it is clearly written that the whole Union is an area of justice, respect for human rights, the rule of law, etc., and since there is an entire Commonwealth, it was assumed that no country could give asylum to a citizen of that country. another member country – said Kalish.
According to him, “there is no doubt: Hungary violates European law”. – In the case of the European arrest warrant, it is not permissible to rely on the Hungarian court. I say this after my experience as a lawyer, he said.
Main photo source: TVN24
