After the decision of the August Electoral Commission to reject the report of the PiS electoral committee comes into effect, a political problem will immediately arise, – Professor Eva Letovska, a retired judge of the Constitutional Court and former Ombudsman, told “Factach po Factach”. He explained what justification he saw for not paying money to law and justice by the finance minister and what the possible consequences of such a decision would be.
Professor Eva Letovska, doctor of medical sciences – retired judge of the Constitutional Court, the first Commissioner for Human Rights – referred to the debate about money for law and justice in “Fact po factch” on TVN24.
On Monday, the National Electoral Commission accepted the financial report of the PiS committee, thus fulfilling the decision of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court not to be recognized. On the same day, the head of the National Electoral Commission sent a letter to Finance Minister Andrzej Domanski, informing him that there is no longer any reason to reduce PiS subsidies. However, it is not clear what the minister will do, because – as the government and some experts emphasize – the chamber of the Supreme Court, which gave the order to accept this report, is not a court in the eyes of European courts.
Łętowska explained how the situation could develop depending on the minister’s decision.
If the minister does not pay? “It will be a terrible political transfer”
The former judge of the Constitutional Court drew attention to the solution, which was advocated by the Minister of Justice, Attorney General Adam Bodnar.
– He says: the decision of the National Electoral Commission is unclear, therefore, the decision in which the National Electoral Commission found violations (from August, rejecting the report of the PiS committee – editor’s note) applies – no payment is required – hint she made out.
In his opinion, such a way is additionally supported by “the 162nd decision of the Council of Ministers from December of the current year”. – Where the Council of Ministers said in the internal act that it also wants to comply with the decisions of the National Security Council and the National Security Council (which decided that the Chamber of Accounts is not a court – editor’s note), that’s why. it would also be such a reason, he said.
Letovska also noted that “after the decision that the August resolution issued by the National Election Commission is valid, a political problem will immediately arise.” – Funds will be cut – a political decision – she noted. According to him, “it will be a terrible political choice.”
Łętowska said that “there is a legal remedy for someone who opposes this kind of behavior of the finance minister.” – So, for example, the PiS election committee is on its way. In fact, he can complain about the behavior of Minister Domanski to the administrative court, the expert said.
However, he continued, it may also happen that “the election committee will say: I don’t want to go to court because I prefer to express my grievances politically.”
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Another version that Łętowska is “in favor of”.
He admitted that “personally, I am in favor of another way”. – The Minister of Finance can say: I will give it. It will then be a terrible disappointment to all who have no doubts – and I have no doubt that the abuses in this august resolution (recommended – ed.), although not justified, were there, will still remain. was rewarded with the actual payment, he said.
– But then there is no legal action? Of course, he emphasized.
In his opinion, “The ombudsman, for example, can appeal this type of decision in the interest of the public and say that the situation caused by the recent decision of the National Election Commission is not clear.” – Because this resolution is a bit like this: if you want to give it, if you don’t want to give it, – he said.
– The Prosecutor General has the same opportunity to appear and initiate various cases, – he added.
– So it is expensive, but it is also doubtful – she said. He explained that “courts don’t like cases that have a very clear political dimension, and this case has a political dimension.” Therefore, – he continued, – it is not known whether the administrative court will consider such a complaint or, for example, “under some very weak reason, it will officially refuse to accept such a complaint.”
The third possibility is that the minister is “silent, does not pay, does not pay”. Then there may be another complaint
The former Constitutional Court judge and human rights ombudsman said there is also a “third way”. – For example, the Minister of Finance cannot do anything. He is silent, he does not pay, he said.
– Again, is there a way to appeal to the court? is Complaint about the so-called silence of the administration. Where? To the administrative court. A person who did not receive the required item, that is, the interested election commission, can file a complaint. The Prosecutor’s Office and the Ombudsman can join the complaint, Letovska said.
– I say that the Minister of Finance is at a crossroads. It has three ways. Actually, there are more than that, but I don’t want to complicate things. If he goes any way, he will go through different stages. At each stage, he has to deal with different procedures. It is possible to follow these procedures or not, he continued.
– If you ask me how I assess these risks, I will say: I can’t do it and I’m not ashamed of it at all – he admitted, adding that there are various risks in this case.
– There is a legal risk – I don’t know if the administrative court buys this type of solution or not. Political danger – political conflicts, trade, misunderstanding. Finally, there is a social risk – how will the audience take it all now? (…) At the moment, society is completely confused, he said.
– Lawyers come and say: do this or that. I’m not saying do this, this or that. I say: it is possible to do this, this or that, but there are always obstacles on your way. But you also support the law, he added.
Main photo source: TVN24
