Parliamentary elections, Supreme Court. Meeting of the unrecognized Chamber of Extraordinary Control and Public Affairs on the validity of the elections. Krzysztof Rączka and Jerzy Stępień comment

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On Thursday, there will be a meeting of the unrecognized Chamber of Extraordinary Control and Public Affairs at the Supreme Court regarding the validity of the parliamentary elections of October 15. As Professor Krzysztof Rączka and Jerzy Stępień said in “Fakty po Faktach”, it cannot be considered that the chamber’s judgments “enter into legal transactions”. – It is assumed in theory that elections are presumed to be valid and this may possibly be challenged (…) by a court ruling. If we say that this decision is made by the wrong chamber, it means that the validity has not been challenged – explained Jerzy Stępień, former president of the Constitutional Tribunal.

The guests of “Fakty po Faktach” were prof. Krzysztof Rączka, judge of the Chamber of Labor and Social Insurance of the Supreme Court and Jerzy Stępień, former president of the Constitutional Tribunal.

On Thursday at 10.30 a closed session of the entire Chamber of Extraordinary Control and Public Affairs of the Supreme Court will begin. regarding the validity of the elections parliamentary meeting of October 15. Court of Justice of the European Union stated that the chamber “is not an independent and impartial court.”

Stępień: the presumption of validity of the elections can be challenged by a court ruling

Prof. Krzysztof Rączka asked whether we can expect a ruling in which the chamber will not recognize the validity of the last ones elections parliamentary meeting of October 15, 2023, replied that “what has been happening in Poland recently allows us to accept any thought.” – Let me start with the most important thing. The Chamber of Extraordinary Control (and Public Affairs – ed.) is not a court and cannot administer justice in Poland. Therefore, whatever ruling it decides on, it has no legal significance because this ruling does not enter into legal transactions. Therefore, it does not matter what this chamber rules, the judge said.

Jerzy Stępień agreed with prof. He said that it is not the Chamber of Extraordinary Control that should rule on the elections. – It is assumed in theory that elections are presumed to be valid and this presumption of validity of the elections can possibly be challenged by a court decision. If we say that this decision is made by the wrong chamber, it means that the validity of the elections was not questioned, Stępień said.

He explained that the chamber authorized to adjudicate in this case is the Chamber of Labor and Social Insurance of the Supreme Court. However, he explained what could result from the chamber’s decision to invalidate the elections, which the president would recognize Andrzej Duda. He said that if the Extraordinary Control Chamber of the Supreme Court ruled that the elections were invalid and the president found this judgment to be correct, Duda would have to decide to shorten the term of office of the Sejm and announce new elections.

Prof. Krzysztof Rączka and Jerzy StępieńTVN24

Prof. Handle: the scandal is that the president receives office criminals

Convicted with final judgment Mariusz Kamiński and Maciej Wąsik stayed arrested on Tuesday on the premises of the Presidential Palace. They were taken to the police headquarters and then to the detention center.

– The whole scandal is that the president employs criminals. What happened yesterday would never have happened in any civilized country. We don’t even realize the importance of it. This is a signal of how demoralized society is – commented prof. Hand: the appearance of Kamiński and Wąsik at the Presidential Palace, at the invitation of Andrzej Duda.

Mariusz Kamiński and Maciej Wąsik posed for a photo with the president when the police were looking for themMaciej Knapik/Fakty TVN

“Every decent lawyer knows this was a flawed pardon.”

Rączka also referred to contradictory comments on the validity of President Duda’s pardon of Kamiński and Wąsik in 2015 after the court’s non-final judgment. – Every decent lawyer knows it was a flawed pardon. Representatives of today’s opposition, and until recently those in power, have been lying to our face all the time (…) The sense of shame has fallen into a bottomless pit – said the judge.

Read also: Legal dispute over the law of pardon. “Everyone can see what a mess PiS has caused

Stępień, in turn, drew attention to an “interesting coincidence of events” in 2015. – For some reason, Mr. Kamiński had to become a member of Mrs. Szydło’s government. For me, this coincidence of events was interesting, because on the same day the formation of the government and the information about the so-called pardon were announced, with some delay, said the former president of the Constitutional Tribunal.

What was the land scandal?

In 2007, the CBA, which was then headed by Mariusz Kamiński (Maciej Wąsik was his deputy) organized a provocation that was intended to attack the then Minister of Agriculture, Andrzej Lepper. The suspected agents of the Bureau were to offer officials a bribe of several million zlotys for the de-agriculture of a plot of land in Masuria. Due to the leak, no money was transferred and the CBA operation ended in failure. As a result, Lepper was dismissed by Jarosław Kaczyński (he was prime minister at that time). The political earthquake led to the collapse of the PiS-Samoobrona-LPR coalition and to early elections, as a result of which the PO-PSL coalition took power.

Read also: Land scandal. What were Mariusz Kamiński and Maciej Wąsik convicted of?

Judge Anna Bator-Ciesielska, who announced in December 2023 the final judgment in the case of Kamiński and Wąsik, said that their actions years ago, when they headed the CBA, “were far from” the standard of operation of law enforcement agencies within the framework of operational control and provocation. – The activities undertaken by the defendants described in the judgment were not only illegal (…) They were not activities aimed at detecting crimes, but rather creating the crime – said the judge.

Main photo source: TVN24



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