There is an ongoing dispute in the National Electoral Commission over the decisions of the Supreme Court regarding its resolutions. A subsidy for Law and Justice and millions of zlotys are at stake, and the committee members are so divided on this issue that they decided to do nothing for the next seven weeks. Material from the “Poland and World” magazine. The entire edition is available on TVN24 GO.
According to the recently disclosed minutes of the meeting of the National Electoral Commission on September 23, its chairman suggested a mode of operation that actually freezes the activities of the National Electoral Commission. NEC.
He ordered that the Commission would not make any decisions that might provoke action by the Supreme Court, and if so, the next meeting would be in two months, on November 23. Unless necessary, we will meet remotely.
Dispute over an unrecognized chamber of the Supreme Court
This action by Judge Sylwester Marciniak is a consequence of the discussion that took place earlier. Specifically, the decisions of the National Electoral Commission are subject to appeal to the Supreme Court – precisely to the Chamber of Extraordinary Control and Public Affairs, and this is the Chamber whose status is being questioned.
– It is not a court, because in the light of the rulings of the Polish Supreme Court and international tribunals, it is not a court and judges do not sit there – explains the former chairman of the National Electoral Commission, Wojciech Hermeliński.
The National Electoral Commission will decide on the financial report of the PiS Election CommitteePAP/Leszek Szymański
One of the members of the National Electoral Commission began to consider whether this approach to this matter did not mean that the National Electoral Commission should not adopt any resolutions in matters that could be appealed to the Supreme Court.
But that was not what other members of the Commission had in mind. The idea was to develop a procedure for how the National Electoral Commission should react when people with questionable judicial status decide on electoral matters in the incorrectly staffed Chamber of Extraordinary Control. The proposal to request a change in the lineups was rejected, and the head of the National Electoral Commission froze its operation until November.
Waiting for an opinion on funds for PiS
The lack of activity of the National Electoral Commission has specific consequences. The end of the holidays was marked by the recurring debate on the financial report from the Law and Justice campaign – irregularities related to the financing of the race for power from extra-legal sources.
The National Electoral Commission issued the opinion that Law and Justice will be punished and this will involve serious funding cuts. Krzysztof Lorenz from the National Electoral Office mentioned that the penalty is three times the amount that was accepted contrary to the regulations.
In addition, it is about 76 million subsidies for three years, but for this opinion to become valid, the National Electoral Commission would have to formally accept it. And if it doesn't meet by mid-November, he won't accept it.
Member of the National Electoral Commission Ryszard KaliszPAP
– We are ready to work – assures the NEC member Ryszard Kaliszbut Wojciech Hermeliński reserves that “if there is a negative decision regarding the party's report, I am convinced that Law and Justice will file a complaint to this chamber.”
The stalemate continues and is expected to last at least until mid-autumn – we can only count on the reflection of the chairman of the Commission, because neither the legal status nor the composition of the Supreme Court, even under the most optimistic scenarios, is likely to change. What about the payments or lack thereof to the Law and Justice party's coffers – this question remains open.
Main photo source: PAP/Leszek Szymański