– I agree with Minister Andrzej Domański that the resolution of the National Electoral Commission of December 30 is legally unclear – said Ryszard Kalisz, a member of the National Electoral Commission. He assessed that the Minister of Finance's decision to ask the Commission to interpret the resolution was a “reasonable solution”. This is a resolution in which the financial report of the PiS committee was adopted, implementing the decision of the unrecognized chamber of the Supreme Court. Another member of the National Electoral Commission, Paweł Gieras, admitted that the resolution “really requires consideration, reflection and some in-depth interpretation.” Both Kalisz and Gieras voted against the adoption of this document.
Minister of Finance Andrzej Domański will be a guest of “Fakty po Faktach” today at 7:30 p.m. on TVN24.
Minister of Finance Andrzej Domański announced on Wednesday that asked the National Electoral Commission to interpret the resolution it adopted at the end of December regarding money for PIS. The National Electoral Commission then adopted the financial report of the PiS election committee, implementing the decision of the unrecognized chamber of the Supreme Court.
Kalisz: I think it's a reasonable solution
This move of the head of the Ministry of Finance was commented on in “Tak jest” by a member of the National Electoral Commission Ryszard Kalisz. – Of course, I agree with Minister Domański that this resolution (of the Commission – ed.) of December 30 is legally unclear because the two parts of the resolution were written by completely different people – he said.
– However, I think that the minister is turning to the National Electoral Commission as a reasonable solution. National Electoral Commission will make a so-called authentic interpretation and answer the question asked by Minister Domański – he said.
Kalisz was asked whether the National Electoral Commission had the authority to interpret its own resolution. He assessed that “everything that is happening now is for the first time in the history of the Polish political system.” He said that “everyone has the right and every body has the right to an authentic interpretation of what he has done.” – I also believe that the National Electoral Commission has the right to interpret its resolution – said the attorney.
He recalled that he voted against the adoption by the National Electoral Commission of a resolution implementing the decision of the unrecognized chamber of the Supreme Court.
– I will accept this request from Minister Domański. I hope that the remaining members, including those who have voted for PiS from the beginning, i.e. these four, will also consider the internal content of paragraphs one and two together. Of course, I believe that the Chamber of Extraordinary Control of Public Affairs does not exist. And the standard of Article 145, paragraph 6 of the Electoral Code was not met and is not met to this day, i.e. there was no ruling of the Supreme Court – he summed up.
In the resolution adopted by the National Electoral Commission on December 30, it was written that it is “immanently and directly related to the ruling, which must come from a body that is a court within the meaning of the constitution and the Electoral Code.” “The National Electoral Commission does not determine that the IKNiSP Supreme Court is a court and does not determine the effectiveness of the judgment,” reads paragraph 2 of the resolution.
Four members of the National Electoral Commission voted in favor of the resolution: Sylwester Marciniak, Wojciech Sych, Arkadiusz Pikulik and Mirosław Suski. Three were against: Ryszard Kalisz, Paweł Gieras and Maciej Kliś, and two abstained: Ryszard Balicki and Konrad Składowski.
Gieras: the resolution of the National Electoral Commission requires consideration and in-depth interpretation
Another member of the National Electoral Commission, Paweł Gieras, also commented on this situation in “Tak jest”. – I am in a somewhat awkward situation where I have to explain the resolution I voted against. And for this reason, it is difficult for me to explain a certain thought that served to adopt this particular content of the resolution – he said.
He said he had seen Domański's statement on Wednesday. – Indeed, the minister is right about one thing: this resolution is somewhat unprecedented. There has probably never been a decision in the history of the National Electoral Commission that could in fact be treated, as he rightly notes, as contradictory – he said.
– But please take into account that our situation with the Supreme Court is also unprecedented. We have never before faced a situation in which we had doubts about the status of the Supreme Court deciding on electoral matters, he noted.
As the TVN24 guest said, “therefore, there is a slightly unusual resolution for this unusual situation.” – And it does require reflection, reflection and some in-depth interpretation – he added.
– For my part, I can say that I treat it as a de facto conditional resolution – said Gieras. As he explained, the point is that “it would be effective to accept the ruling of the Extraordinary Control Chamber of the Supreme Court, but only (…) provided that this court is a court and there is no doubt about its status.”
When asked whether the minister should pay PiS money, Gieras replied that “if the Supreme Court is the Supreme Court, then pay, but if this court and the chamber that decided are not a court, then do not pay.”
Main photo source: PAP/Leszek Szymański