Magdalena Pietrzak, head of the National Electoral Office, said the item on taking a position “in relation to appeals against the decisions of the National Electoral Commission to the Supreme Court” was removed from the schedule of Monday's meeting of the National Electoral Commission. . This is a debate about how to treat the Chamber of Emergency Control and Public Affairs. NEC member Rizard Kalish said that decisions on this matter were postponed until the next meeting on November 18.
The first point of Monday's meeting of the National Electoral Commission was to adopt a position “in relation to appeals against the decisions of the Commission to the Supreme Court”. Shortly after the start of the meeting, the head of the National Electoral Office, Magdalena Pietrzak, announced that this item was removed from the schedule.
This is the Chamber of Extraordinary Control and Public Affairs of the Supreme Court. Some members of the commission question its legality, and here appeals are made against the decisions of the Electoral Commission – not only about financial statements, but also when registering electoral commissions or candidates in the elections. Therefore, according to some members of the National Election Commission, it is necessary for the Commission to take a position on this issue in order to know how to behave when the decisions of the Supreme Court are returned.
– We want to determine the procedure for the National Election Commission to proceed to the Extraordinary Control Chamber due to these doubts about the composition of the Chamber. This will make it easier in the future, one of the members of the commission told the correspondent of the Polish Press Agency.
Member of the National Electoral Commission: the decision was postponed until November 18
After the meeting, NEC member Ryszard Kalisz told journalists that “all decisions on the issue of the Extraordinary Control Chamber and Public Affairs of the Supreme Court have been postponed until the next meeting on November 18, 2024.”
In response to the question why the National Election Commission did not pay attention to this issue, he said that “this issue cannot be resolved today because eight people participated in the meeting, while nine people were supposed to participate.”
– Therefore, Mr. Chairman stated and we all accepted it, it would be better if 9 people, i.e. all members, participate in such an important issue at the meeting of the National Election Commission when we make a decision on it, – he added. .
Attorney Mackey Klish was not present at Monday's hearing.
Kalish on the draft resolution
– There is a draft decision in which it is first of all stated that we cannot and will not recognize the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, because such a collegium simply does not exist, according to the decisions of both. The Supreme Court of Poland and international courts. Secondly, we call on the legislative and executive authorities to take this issue seriously, because the National Election Commission, based on the existing legal situation, and these two other authorities should solve this issue and solve it in a constructive spirit. .and so that there is no legal chaos in Poland (…) Because in my opinion, we have a legal system based on the constitution, but we see that there are disputes. Kalish said that the action of the executive and legislative bodies is needed to resolve these disputes.
Regarding the dispute about the status of the Chamber of Extraordinary Control and Public Affairs, the Supreme Court answered his question that “there is no legal and constitutional dispute, but in such an authority, such as the supreme electoral body of the republic. There is such a difference of opinion in the Commission.”
To the question of what these differences of opinion are, he answered that “we will see in the vote”.
“You know my opinion,” he said. He emphasized that he “stands on the basis of the constitution”, “recognizes the judgments of the European courts and, in his opinion, “there is no such chamber”.
– And if other members of the National Election Commission vote, ladies and gentlemen, ask them, – he added.
Kalish: The National Election Commission's decision on the PiS report is still invalid
Kalish was also asked about the issue of subsidies for PiS. – Today, the subsidy is outside the National Election Commission, because the cases are in the Supreme Court, in the same chamber, which does not exist, but continues, I will leave it like this, – he said.
As he said, the chamber “has not yet made a decision, and according to the Election Code, it has 60 days from the date of filing the appeal by the relevant committee.” He added that “60 days will end around mid-November.”
Asked whether Law and Justice will receive full subsidy by then or after the August decision, he said that “the decision of the National Election Commission from the end of August is still invalid because it has been appealed and necessarily by the terms . about receiving allowances and subsidies.” “Nothing has changed for the National Electoral Commission.”
– What (PiS-ed.) takes is the job of the finance minister – he added.
Kalish: The decision of the National Election Commission on the PiS report is still invalid TVN24
Kalish: everything will depend on this vote
When he returned from the Chamber of Extraordinary Control and Public Relations of the Supreme Court, what will the National Electoral Commission do about this issue, he answered, “what we will do, we will vote on November 18”. – If we adopt a resolution whose draft already exists, it will become clear that the National Election Commission will not recognize this chamber. If this resolution is not adopted, the opposite will happen, he said. “Everything will depend on this vote,” he added.
Kalish said that at Monday's meeting, the National Election Commission “accepted a dozen reports on sub-committees with deficiencies from the October 15, 2023 elections. He added that dozens of reports on sub-committees were rejected.”
The rejected report of the PiS election committee
At the end of August, the National Electoral Commission rejected the financial report of the PiS election committee for the 2023 parliamentary elections, accusing the group of violations in the financing of the election campaign in the amount of PLN 3.6 million. Thanks to this decision, the subjective subsidy for this party (about PLN 38 million) was reduced by three times from the questionable amount, that is, about PLN 10.8 million. The annual subsidy of around PLN 26 million was reduced by PLN 10.8 million, and PiS also had to return the disputed amount, PLN 3.6 million, to the State Treasury.
READ ALSO: What did the National Election Commission consider to be an illegal campaign? List of activities for which the PiS committee report was rejected
In early September, PiS appealed the decision to the Supreme Court, claiming that it was made “completely against the law”. If the Supreme Court deems the appeal to be justified, the National Election Commission will decide on the acceptance of the financial report.
But the appeal will be heard by the High Court's Extraordinary Scrutiny and Public Relations Chamber, which is not recognized by international courts – so it is unclear how the ruling will be considered. The statements of the government representatives suggested that the decision of the National Electoral Commission should remain in effect until it is challenged by a court whose authority has not been challenged.
READ ALSO: What if the polled chamber accepts PiS's appeal? Member of the National Electoral Commission: it will not be easy to make a decision
Main photo source: TVN24
