The National Electoral Commission is not a court, so it cannot judge whether the Chamber of Emergency Control and Public Affairs is a court or not. Therefore, it adopted a decision that can be called conditional – said Pavel Gieras, a member of the NEC, in “Facti po Factach” on TVN24. He thus touched on the issue of accepting the report of the financial committee of PiS. He added that he knows that the content of this resolution “may raise doubts”.
On Monday, the National Electoral Commission accepted the financial report of the PiS committee from the 2023 parliamentary elections. Chairman of the National Election Commission Sylvester Marciniak said on Monday that four of the nine members of the National Election Commission voted in favor of such a resolution, three were against and two abstained. 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 PiS’s complaint about the previous rejection of the report by the National Electoral 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 IKNiSP Supreme Court is a court and does not determine the effectiveness of the verdict,” the decision states.
READ MORE: Return of PiS financial statements
On Monday, 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. The next step belongs to Domanski. In November, the minister emphasized that he acted “on the basis of the decisions, decisions and information of the National Electoral Commission”.
Gieras: The decision of the National Election Commission is the answer to the problem
Pavel Gieras, a member of the National Electoral Commission, was asked on Tuesday in “Facti po Factach” on TVN24, “how is it that the National Electoral Commission, on the one hand, wrote in a resolution that does not recognize the effectiveness of the appointment of the panel of the Court on the other hand, this appointment did it.”
– The issue of Supreme Court decisions is strictly regulated in the Electoral Code, and in such a case, if the decision is overturned by the Supreme Court, the National Electoral Commission is obliged to immediately adopt a decision that reflects the spirit of the Supreme Court’s decision. he said.
However, he added, “the problem with our legal situation, after the reforms that have been going on in the Polish justice system for some time, is that in the light of the legal practice, be it European tribunals or national court rulings. The Supreme Court is not recognized as a court under the laws of the European Union it was an election,” said Gieras.
Gieras on PKWTVN24’s decision
Member of the National Electoral Commission: this is a conditional decision
He was asked if he saw any contradiction in this answer. – The National Electoral Commission is not a court, so it cannot, like other Polish courts, for example, use the scattered constitutional control and decide whether this or that chamber is a court or not, – said the member of the commission. National Election Commission.
As he said, “therefore, the National Electoral Commission has adopted a decision that, although it has not been clearly stated in its content, it can be called a conditional decision, but this is the decision of the Chamber of Extraordinary and Public Control. Works, however, subject to the determination of whether this chamber is a court and whether this judgment comes from the courts.
– Therefore, the content, which I am fully aware of, can cause some doubts – Gieras added.
When asked what to do, Finance Minister Andrzej Domanski said he “needs to analyze the situation.” – On the one hand, the minister has the opportunity to analyze our resolution, which, as I say, is a conditional decision. The minister is also bound by the recent decision of the Council of Ministers, which obliges him to take certain measures against the chamber, which is not recognized as a court, said the member of the National Election Commission.
– In my opinion, there are grounds for analyzing this problem, and its conclusion may be a decision not to recognize the Extraordinary (and Public) Control Chamber, and this judgment as a judgment of a duly appointed court in accordance with the requirements of this Code. the constitution of the Republic of Poland – he added.
Gieras: I hope for Manowska’s reflection
The head of the National Electoral Commission Sylvester Marciniak said on Monday that during the meeting the National Electoral Commission accepted a proposal in which he was tasked to organize a meeting of the National Electoral Commission with the first chairman of the Supreme Court to discuss the delegations. they discuss election issues.
Gieras was asked in “Facti po factach” what the members of the National Election Commission hope for. – I hope for the thoughts of Professor (Malgorzata) Manovska, – he said.
– We are talking not only about validating the election, but also about very important decisions during the election. These appeals are against the decisions of the National Electoral Commission, regardless of whether they arise during the registration of lists of candidates or electoral commissions. Any such decision can be appealed to the Supreme Court according to the provisions of the Election Code, said the member of the National Election Commission.
– We want to convince the professor and appeal to his responsibility so that the Supreme Court recognizes these objections, as stated in the Election Code. And the Supreme Court consists of judges whose legal status is not in doubt, he said.
Gieras: I look forward to the reflections of Professor ManowskaTVN24
Presidential elections will be held next year. Their validity should be decided by the Supreme Court’s Extraordinary Control and Dealing with Unrecognized Community.
Main photo source: TVN24
