The Chairman of the National Electoral Commission, Judge Sylwester Marciniak, recognizes the Chamber of Extraordinary Control of the Supreme Court. This can be seen from his vote. He even wants to force us to recognize it. These numbers are not with me – said attorney Ryszard Kalisz, member of the National Electoral Commission, in “Fakty po Faktach”. As he said, Marciniak wants members of the National Electoral Commission to adopt a resolution on the report of the PiS election committee, which was postponed on Monday. Kalisz revealed that the head of the Commission was trying to introduce it through the back door. – I stick to the final resolution of the National Electoral Commission from Monday – he said.
National Electoral Commission met on Monday at noon to deal with the decision of the unrecognized Chamber of Extraordinary Control of the Supreme Court, which accepted the complaint PIS to the National Election Commission's rejection of the report of the party's election committee. However, the Commission postponed the decision on this matter until “the constitutional authorities of the Republic of Poland systematically regulate the legal status of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court and the judges participating in the adjudication of this chamber.” The same chamber rules on matters related to the presidential elections. According to some commentators, the decision of the National Electoral Commission poses a risk of destabilizing the electoral system in Poland.
After the National Electoral Commission's decision to postpone the deliberations on the report of the PiS election committee in Poland, there is an ongoing discussion about its validity. Pursuant to the Electoral Code, the complaint is accepted by Supreme Court obliges the National Electoral Commission to accept the report of the election committee, while the status of the Chamber that made this decision is questioned, among others. by the current government and some members of the National Electoral Commission. PiS on this matter, among others submitted a notification to the prosecutor's office about the possibility of committing a crime by five members of the National Electoral Commission who voted to postpone the meeting. The president also criticized the NEC's decision.
On Tuesday, the Speaker of the Sejm said that he would not disregard Monday's decision of the National Electoral Commission. – This, in my opinion and that of our legal services, has potential consequences when it comes to the presidential elections, and we will have to think very seriously about what path to take so as not to completely destabilize the country, he said.
Kalisz: did anyone expect that the judgment of this non-existent chamber would be different than PiS's?
– There are a lot of people in Poland who cannot listen – he said in “Fakty po Faktach” Ryszard Kaliszreferring to the voices of criticism against him and the entire National Electoral Commission. Referring to Hołownia's statement, the attorney recalled Article 131, paragraph 2, point 3 of the Constitution, which states that “the Marshal of the Sejm shall temporarily, until the election of the new President of the Republic of Poland, perform the duties of the President of the Republic of Poland in the event of the invalidation of the election of the President of the Republic of Poland or other reasons for not taking up the office after the election.”
– If the validity of the elections is not established, regardless of which candidate wins, because PiS, and actually Mr. President – that's why he is so nervous now, because it was his project – introduced a special chamber (of the Supreme Court – ed.), which is prohibited by the Constitution clearly, composed of neo-judges who are not judges – said Kalisz.
He pointed out that the questioned Chamber of Extraordinary Control and Public Affairs is mentioned only in the Act on the Supreme Court, and the Electoral Code in Art. 145 “clearly states” that a complaint against the decision of the National Electoral Commission rejecting the party's financial report should be filed with the Supreme Court. As Kalisz pointed out, paragraph 3 clarifies that “the complaint is considered by the Supreme Court in a panel of 7 judges, in non-litigious proceedings.”
– The most specific legal act, i.e. the Electoral Code, is clearly stated by the Supreme Court, and also by seven judges of the Supreme Court. Not any non-existent chamber, Kalisz noted. – Did any of you, even PiS supporters, expect that the judgment of this non-existent chamber, these seven neo-judges, would be different than PiS's idea? – the TVN24 guest wondered.
Kalisz: did anyone expect that the judgment of this non-existent chamber would be different than PiS's?TVN24
The Chairman of the National Electoral Commission, Sylwester Marciniak, believes that the Minister of Finance should pay the funds to Law and Justice, because the resolutions rejecting the report of the party's election committee for the 2023 elections and the PiS annual report for 2023 are not final and do not produce legal effects.
– He is wrong, because for it to be invalid, we would have to not recognize the Supreme Court's ruling. And this chamber is not the Supreme Court, argued Kalisz. He encouraged people to read the ruling of “this quasi-court”. – There is no reference to all the allegations, to Ziobro's film, to the picnics. There is only a PiS narrative that taking this money for the future will result in inequality. But they don't say that the last elections were unequal, Kalisz said.
According to Kalisz, the chairman of the National Electoral Commission, Judge Sylwester Marciniak, recognizes the Chamber of Extraordinary Control of the Supreme Court. – This can be seen from his vote. He even wants to force us to acknowledge it. These numbers are not with me, he said.
Kalisz said in “Fakty po Faktach” that on Saturday he received an e-mail from the National Electoral Office with information that the chairman of the National Electoral Commission “ordered the circular procedure for the adoption of resolutions by Monday at 12 noon.” As he said, it concerns “probably nine” resolutions. He added that among the “irrelevant resolutions” highlighted in the message is resolution No. 7 titled “KW PiS after the Supreme Court”.
A member of the National Electoral Commission explained that this name covers the attached resolution regarding the financial report of the PiS election committee from the 2023 parliamentary elections. – So (the chairman of the National Electoral Commission – ed.) wants us to adopt this resolution, which we have postponed until the matter is settled – he added.
To the host's comment that Marciniak was introducing this resolution through the back door, Kalisz replied: “Exactly.” – I am sticking to the final resolution of the National Electoral Commission from Monday and I cannot vote on it at all. However, pursuant to the Act, Mr. Chairman, as chairman, supervises and implements resolutions. And how does he implement our resolution from Monday to postpone until the situation is resolved? – Kalisz asked.
“I will not refer to the president's words. It is not my language.”
Kalisz was also asked about the president's words Andrzej Dudawho stated that “this post-communist hydra, which is constantly defending and feeding the remnants of the communist lie-elites in Poland, today gave its voice once again, as I understand it, in the National Electoral Commission.”
– I will not comment on the president's words. It's not my language, Kalisz said. He recalled that as the head of the then president's office Aleksander Kwaśniewski he was a co-author of the Constitution, “in particular the provisions relating to the president”.
– The president can call me, but he shouldn't and there is no basis for calling me whatever he wants. It doesn't say anything about me, it says something about him. Including the head (of the Chancellery of the President – ed.) Małgorzata Paprocka, who also does not mince her words – he said. – As for the elections, we are all responsible people and we will conduct them. I am convinced that the elections will be held without any problems with the National Electoral Commission, said Kalisz.
Kalisz: I will not comment on the president's words. It's not my languageTVN24
“There is no doubt here: Hungary is violating European law”
Kalisz also commented on the case of the escape of former deputy minister of justice Marcin Romanowski Hungarywhere he received asylum.
– As the Minister of the Interior, I was a co-creator within the European Council (…) of the asylum law in the European Union, which covered mutual countries, and in this regulation on asylum it is clearly written that the entire Union is an area of justice, observance of human rightsthe rule of law and so on, and so on, and that because the entire Union exists, it was presumed that no country would be able to give asylum to a citizen of another member country – said Kalisz.
According to him, “there is no doubt here: Hungary is breaking European law.” – There is no point counting on the Hungarian court regarding the European arrest warrant. I say this after my experience as a lawyer, he said.
Main photo source: TVN24