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Monday, February 17, 2025

Incidental bill in the Sejm. MPs will decide

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On Wednesday, the bill passed the committee, and on Friday there will be a vote in the Sejm. The HoĊ‚ownia Incidental Act – as it was called – completely changed its shape. The validity of the presidential elections will be decided by the 15 most senior Supreme Court judges. There are no neo-judges there.

There is a riot in the parliamentary corridors. The issue was who would recognize the validity of the upcoming presidential elections. According to PiS politicians, the so-called incidental law is “unconstitutional” and “there is no chaos.”

The act was initially authored by the Speaker of the Sejm, Szymon HoĊ‚ownia, but the PSL amendment just changed it – the provisions assume that the 15 judges of the Supreme Court with the longest experience, and not the illegal Chamber of Extraordinary Control and Public Affairs, are to rule on the validity of the elections. – This gives us a chance to get out of this crisis situation – said WĊ‚adysĊ‚aw Kosiniak-Kamysz (PSL), Deputy Prime Minister and Minister of National Defense.

After the changes introduced by PiS, the elections are to be approved by the Chamber of Extraordinary Control and Public Affairs, but there are only neo-judges there. In addition, European tribunals found that this chamber was not an independent court.

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The resolution of the National Electoral Commission is incomprehensible to the Minister of Finance. The legal dispute over the subsidy for PiS is still unfinishedMaciej Knapik/Fakty TVN

Doubts about the legality of the chamber

Recently, even the National Electoral Commission had doubts about the legality of the chamber. Therefore, a problem arose as to whether the chamber's decisions regarding the presidential elections would be recognized by the National Electoral Commission. – All of us must be guided by the creation of legal conditions for holding elections in which no one will have any doubts as to their legality and regularity – noted Arkadiusz Myrcha, Deputy Minister of Justice.

Hence, first the HoĊ‚ownia project, and now the PSL amendment. – The most important thing for us today is that this bill is passed by the Sejm and the Senate as soon as possible and reaches the president's desk – says Szymon HoĊ‚ownia.

READ ALSO: Head of the National Electoral Commission: failure to pay PiS funds may be the basis for election protests

PiS president JarosĊ‚aw KaczyĊ„ski is not satisfied with the proposed changes – according to which the elections will be decided by the 15 most senior judges in the Supreme Court, and currently there are no neo-judges among them.

– This is the adoption of the principle that the judges who constitute the Chamber of Extraordinary Control are so-called neo-judges. There are no neo-judges, we will never agree to this – commented KaczyĊ„ski. – Most of the 15 oldest judges were appointed during the communist times – said Henryk Kowalczyk, an MP from Law and Justice.

– Kowalczyk also finished his studies and went to work under communism and this means absolutely nothing – the government now emphasizes. – Calling all those who were educated, learned, educated and went to school as post-communists or communists is unfair, false and offensive – noted WĊ‚adysĊ‚aw Kosiniak-Kamysz

– Eight of these judges are selected by President Lech KaczyĊ„ski to the Supreme Court – pointed out PaweĊ‚ Ċšliz, MP from Trzecia Droga.

MichaĊ‚ Szczerba: I think that even neo-judges have a basic sense of responsibility

MichaĊ‚ Szczerba: I think that even neo-judges have a basic sense of responsibilityJacek Tacik/Fakty TVN

A “low-fault” solution

Legal, so-called old judges, although they would prefer a comprehensive change in the law, do not say “no” to the law. – This is a solution that has relatively few flaws – says MichaĊ‚ Laskowski, judge of the Supreme Court.

The project in this form is supported by the Civic Coalition and Third Road, while the Left is hesitant. – We will most likely abstain from voting – said Tomasz Trela, deputy head of the Left club.

SEE ALSO: Three resolutions and an appeal from the Supreme Court to “introduce thorough changes as soon as possible”

The left does not want a bill for one election, it wants to abolish the chamber once and for all. – We expect a full, comprehensive reform of the Supreme Court and the approach to neo-judges – adds Trela. – We must create a law that will eliminate chaos, anxiety and nervousness in society – emphasizes Barbara Dolniak, MP from the Civic Coalition.

The question is what President Andrzej Duda will do with the project. At the moment, his people believe that no law is necessary. – There is no serious justification for such changes – said MaĊ‚gorzata Paprocka, head of the Chancellery of the President.

Main photo source: ElĊĵbieta Krzysztof/Shutterstock



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