Jarosław Kaczyński on the questioned chamber of the Supreme Court. He referred to the formation of the Sejm

At the end of August this year National Electoral Commission rejected the financial report of the PiS election committee from the 2023 parliamentary elections. On Monday – by a vote of 5:4 – the National Electoral Commission she also rejected PiS's financial report for the entire year 2023. This means that PiS may lose the right to subsidies for three years.

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Politicians can file an appeal to the Supreme Court (more precisely, to the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, which, among other things, considers appeals against the decisions of the National Electoral Commission) within the next seven days, but – in accordance with the resolution adopted on Monday – the National Electoral Commission does not recognize rulings that are issued by judges appointed by the “neo-KRS”. The point is, among other things, that this Chamber, according to the European Court of Human Rights, is not a “tribunal established by law” within the meaning of the European Convention human rightsand the Court of Justice of the EU ruled that it would not answer the question asked by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, because it is not a court within the meaning of EU law.

On Tuesday, a large group of PiS politicians gathered at the party's headquarters at Nowogrodzka Street in Warsaw, where Jarosław Kaczyński He said that, in his opinion, the members of the National Electoral Commission are “apparently determined to deprive us of equal opportunities.” In the opinion of the head of PiS, the National Electoral Commission made such a decision to lower the party's chances of winning next year's presidential elections. – These will no longer be normal, equal elections. These are elections where some have greater and others less chances, so they are not democratic elections, he said.

In a block of questions, Kaczyński was asked whether PiS would appeal against the decision of the National Electoral Commission. – Of course we will appeal, but please pay attention to this paradox. Well, you (member of the National Electoral Commission, Ryszard) Kalisz he said that he would not recognize judgments unless the court was composed of the right judges. That is, who determines the composition of the courts? – asked the head of PiS.

According to Kaczyński, “here is a completely unprecedented system, where the division of power, everything, is completely disregarded.” – Questioning the Chamber of Extraordinary Control and Public Affairs is an act that also questions the existence and legality of the current Sejm. If you (Marshal of the Sejm) Szymon) Hołownia for example, he questions it, he is not the Speaker of the Sejm. Because if, according to him, this House is illegal, the Sejm was never approved. So it doesn't exist in the legal sense. There is also no marshal present. All its decisions are illegal, all decisions of the Sejm are illegal, because this is some group of people who are not the Sejm. This applies to everyone present here, which I say with regret, but this is what it would mean – said the PiS president. He referred to the fact that this House found that the parliamentary elections of October 15, 2023 – which shaped the current Sejm – are important.

Kaczyński also stated that in this situation, in his opinion, “there is no logic, no consequence resulting from the relationship between individual statements and reality, and above all, with the law.” – But this is how the authorities rule. They rule on such a principle that the law simply ceases to apply. It is difficult to talk about any violation of the rule of law. This is a general rejection of law as the basis for exercising power, i.e. the introduction of a system that in fact has no name, but is a combination of anarchy and elements of autocracy, he declared.

Let us remind you: the Chamber of Extraordinary Control was established pursuant to the 2017 Act of the Sejm of the majority of members of the PiS club on the Supreme Court 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 provisions of the Act of 2017, which is why it is called neo-KRS. The Chamber of Extraordinary Control and Public Affairs has raised objections among lawyers from the very beginning. In a resolution of January 2020, the Supreme Court judges stated that this chamber is “composed entirely of judges who were incorrectly appointed” by the politicized National Council of the Judiciary.