On Tuesday, seven judges from the Chamber of Extraordinary Control and Public Affairs of the Supreme Court will consider PiS's complaint against the resolution of the National Electoral Commission to reject the annual financial report. The status of these judges is being questioned, and Justice Minister Adam Bodnar informed that in accordance with the judgments of the Court of Justice of the European Union and the European Court of Human Rights, this chamber “is not a court”.
On Tuesday at 1 p.m., the unrecognized Chamber of Extraordinary Control and Public Affairs of the Supreme Court will consider the complaint of Law and Justice against the resolution of the National Electoral Commission to reject the party's annual financial report for 2023.
The case will be heard by a panel of seven judges headed by the president of the Chamber of Extraordinary Control and Public Affairs, Joanna Lemańska. The rapporteur is to be Judge Grzegorz Pastuszko.
Maciej Brzózka from the press team of the Supreme Court informed that after the meeting there will be a press conference of the Supreme Court spokesman, Judge Aleksander Stępkowski – it is planned “no earlier than 3 p.m.”
The Supreme Court BuildingMaciej Chmiel/East News
A Chamber not recognized by the CJEU and the ECtHR
The Chamber of Extraordinary Control and Public Affairs of the Supreme Court is competent to consider complaints against resolutions of the National Electoral Commission as well as election protests and to confirm the validity of elections.
This Chamber was established under the Act on the Supreme Court of 2017 and is composed of persons appointed after 2017 to the office of judge at the request of the National Council of the Judiciary established in accordance with the procedure specified in the provisions of the Act of 2017.
READ ALSO: The CJEU refuses to hear the question from the Chamber of Extraordinary Control and Public Affairs
The status of these judges is questioned and the Minister of Justice Adam Bodnar stated directly that in accordance with the judgments of the Court of Justice of the EU and the European Court of Human Rights, the Chamber of Extraordinary Control and Public Affairs of the Supreme Court “is not a court”.
In November 2024, the Court of Justice of the EU found that preliminary questions sent to it by a judge of the Supreme Court appointed after 2017 are inadmissible due to the fact that they were “referred by an adjudicating panel that does not have the status of an independent and impartial court previously established by law.”
The status of the Supreme Court's Chamber of Extraordinary Control is also questioned by some members NEC.
The National Electoral Commission rejects the annual financial report of PiS
Tuesday's meeting of the chamber will be another one related to the resolutions of the National Electoral Commission adopted last year regarding the financing of PIS.
In December last year, the Supreme Court's Chamber of Extraordinary Control upheld another PiS complaint against the National Electoral Commission's decision to reject the report of this party's committee for the 2023 elections. In August 2024, the National Electoral Commission rejected this financial report, showing evidence-based irregularities in the spending of campaign funds in the amount of PLN 3. PLN .6 million.
Sylwester MarciniakPAP
The effect of that August decision was to reduce the one-time subsidy for this party, the so-called refund for the elections (almost PLN 38 million) by three times the contested amount, i.e. by approximately PLN 10.8 million, and a reduction of the nearly PLN 26 million annual subsidy from the state budget for the party's activities by PLN 10.8 million. The consequence is also the return to the State Treasury of the disputed sum, i.e. PLN 3.6 million.
PiS appealed against that decision in September last year. to the Supreme Court, and the Audit Chamber considered it on December 11 last year. in favor of PiS.
“Internally contradictory” resolution
After the Supreme Court accepted that complaint, the National Electoral Commission on December 30 last year issued a resolution in which, on the one hand, it implemented the decision of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, and on the other, it stated that it did not decide whether the IKNiSP was a court.
According to the head of the National Electoral Commission, Sylwester Marciniak, in connection with this resolution, the Ministry of Finance should pay the funds due to PiS. According to the Minister of Finance Andrzej Domański however, the resolution of the National Electoral Commission is “internally contradictory”, which is why he asked the National Electoral Commission for its interpretation.
Minister Domański on the “most important question” asked by the National Electoral CommissionTVN24
Currently, the National Electoral Commission – in response to the letter of the Minister of Finance Andrzej Domański – is preparing explanations for the resolution of December 30, in which the Commission approved the financial report of the PiS election committee from the elections to the Sejm and Senate in 2023. Ryszard Balicki and Arkadiusz are to prepare drafts of the letter by January 23 Pikulik.
Meanwhile, in August last year it was indicated that the consequence of the National Election Commission's rejection of the report of the PiS election committee would be the rejection of the party's annual financial report for 2023.
This happened in November last year. The reason for the rejection by the Electoral Commission of the PiS annual report on the sources of obtaining financial resources in 2023 was the financing of the PiS Electoral Committee in the autumn 2023 elections. At the end of November, PiS also appealed against this decision to the Supreme Court, and this complaint was brought before the Extraordinary Control Chamber of the Supreme Court. January 21.
PiS may lose tens of millions of zlotys
Pursuant to the provisions of the Act on Political Parties, rejection by the National Electoral Commission of the party's annual financial report and, in the event of filing a complaint against the National Electoral Commission's decision, dismissal of the complaint by Supreme Courtresults in the party losing the right to receive the subsidy in the next 3 years in which it is entitled to receive it.
The amount of the annual subsidy for PiS is nearly PLN 26 million, so if the subsidy were not paid to this party, PiS would not receive nearly PLN 78 million.
From the subsidy that was due to PiS in 2024, the first two tranches (Q1 and Q2), i.e. nearly PLN 13 million, were paid to the party in full. The third tranche (for the third quarter) was not paid by the Ministry of Finance, considering that in the light of the National Election Commission's rejection of the report of the PiS election committee, which resulted in a reduction in the subsidy, it had already been overpaid. The fourth tranche (Q4 2024) should be paid in January and if it were to be paid reduced, it would amount to PLN 2.1 million.
The chairman of the National Electoral Commission estimated that the party would lose the right to the subsidy only when the Supreme Court dismissed its complaint against the National Electoral Commission's decision.
Main photo source: Maciej Chmiel/East News