– If a perverse protest is an exercise of some political right of a citizen, it must be decided by a court, and not by some pretended, incorrectly established, poorly functioning body – said Supreme Court judge Włodzimierz Wróbel in “Fakty po Faktach”. In this way, he commented on the proposals regarding the determination of the validity of the presidential elections provided for in the draft of the so-called incidental act. It assumes that judgments would be issued in the Supreme Court by panels composed of neo-judges and those nominated by the former National Council of the Judiciary. – If they tried to create mixed squads, we would not participate in fictitious ones – announced Prof. Sparrow.
Judge of the Criminal Chamber of the Supreme Court Włodzimierz Wróbel, professor at the Department of Criminal Law of the Jagiellonian University, was asked in “Fakty po Faktach” on TVN24 whether there will be a problem with determining the validity of the president's election after the upcoming elections. The first round is scheduled for May 18, and the second one – possibly two weeks later.
Currently, according to the law, matters related to elections are adjudicated by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, which, however – as stated by, among others, European Courts – is not an independent court within the meaning of EU law.
– From the legal point of view (…), even if Supreme Court does not issue a resolution confirming the validity of these elections, there will be no problem with the newly elected president taking office – he replied. – However, a political problem, and perhaps also a legal one, will begin if these elections are declared invalid. But it is quite obvious that if it is declared invalid, new elections must be held – he continued.
– However, what causes the greatest concern is the situation when such a ruling on annulment was issued by the unfortunate Chamber of Extraordinary Control (and Public Affairs – ed.), which is not part of the Supreme Court, but usurps such rights in order to be the Supreme Court – he added.
When asked whether this means that a resolution of the Supreme Court is not required for the president to be sworn in and take office, Wróbel replied that the statements of “knowledgeable constitutionalists” show a “quite clear” view. – The resolution confirming the validity of the elections is not a condition for the newly elected president to take office – he emphasized.
Judge Wróbel: even if the Supreme Court does not issue a resolution, there will be no problem with the president taking officeTVN24
“We will not participate in fictions”
The criminalist also commented on the assumptions of the so-called incidental law regarding the confirmation of the validity of presidential elections, which was in the Sejm. The project provides that the validity of these elections would be decided by three chambers of the Supreme Court: Criminal, Civil and Labor, and not the Chamber of Extraordinary Control and Public Affairs of the Supreme Court. Nevertheless, this means that adjudicating panels would include the so-called neo-judges, i.e. those appointed by the new National Council of the Judiciary, which is politicized in terms of the selection of its members.
As Judge Wróbel announced – who is one of the so-called old judges, i.e. nominated by the former National Council of the Judiciary – “if there were attempts to create such mixed panels, we would not participate in fictitious judges.”
Judge Wróbel: this is some kind of fiction, we will not participate in itTVN24
– Please note that we are also bound by the law – he emphasized. He explained that “such decisions simply do not make sense in the sense that if a deviant protest is the implementation of some political right of a citizen, it must be resolved by a court, and not by some body that is pretended, appointed incorrectly, and functions poorly.” – This is some kind of fiction, we will not participate in it – he repeated.
Main photo source: TVN24