Szymon Hołownia wants the validity of the president's election to be confirmed by the entire Supreme Court, and not by the Chamber of Extraordinary Control and Public Affairs, in the next presidential elections. – We find ourselves, especially after the recent decision of the National Electoral Commission to dismiss PiS in terms of their subsidy, at the height of the crisis related to the status of the Supreme Court, and especially the Chamber of Extraordinary Control and Public Affairs – said the marshal and presidential candidate . He announced that he would propose his idea to the president and prime minister.
Last week, the Chamber of Extraordinary Control and Public Affairs of the Supreme Court found this PiS's complaint about the National Election Commission's rejection of the election committee's report this party from the 2023 parliamentary elections. However, the status of the Chamber of Extraordinary Control is questioned, among others. by the current government and some members of the National Electoral Commission.
On Monday National Electoral Commission postponed the deliberations on the report of the PiS election committee 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 involved in the adjudication of this chamber.”
The Chamber of Extraordinary Control and Public Affairs of the Supreme Court is competent to consider complaints against resolutions of the National Electoral Commission and also adjudicates on the validity of elections. It was established during the PiS government under the Act on the Supreme Court of 2017 and is composed of persons appointed at the request of the National Council of the Judiciary established under the provisions of December 2017.
See also: The National Electoral Commission postponed the decision on the report of the PiS election committee
Szymon HołowniaPAP/Albert Zawada
“We are at the height of the crisis”
Hołownia commented on the decision of the National Electoral Commission at an author's meeting in Katowice around the book “Let's not let ourselves be divided”. – Especially after the recent decision of the National Electoral Commission to dismiss PiS regarding their subsidy, we find ourselves at the height of the crisis related to the status of the Supreme Court, and especially the Chamber of Extraordinary Control and Public Affairs – said the Marshal of the Sejm.
– This is an unprecedented decision of the National Electoral Commission, it is an evasion of the decision and it actually raises questions about the presidential elections – added Hołownia.
The Marshal pointed out that lawyers were divided on this matter. – There are outstanding legal authorities who say that the president can be sworn in without a decision confirming the validity of this election made by the Chamber of Extraordinary Control and Public Affairs, but there are many lawyers who say that this cannot be done. Because it is described differently in the Constitution and the Electoral Code – said Hołownia.
Hołownia wants a “step back”
Therefore – as he said – he will propose it to the president in the coming days Andrzej Dudathe Prime Minister Donald Tusk and to all political forces “to take a step back on this matter, because we must have continuity of power in Poland.”
– We have passed the Act on the Constitutional Tribunal, Mr. President has his own opinion on this matter. We have passed the act on the National Council of the Judiciary – the president has his own opinion on this matter. But we have not passed the act on the Supreme Court and the status of judges, and since we have not passed it, now we must adopt an act that will say what to do with the presidential elections, noted the Marshal of the Sejm.
He said that he would propose a solution “in which it will be said that in these (presidential – ed.) elections, until this situation is sorted out, the validity of the president's election in accordance with the Constitution will be determined by the entire composition of the Supreme Court, the entire Supreme Court, and not by this a chamber that is not a court.
According to the Marshal, this will postpone this problem until it is actually solved. – We need to create a law, unfortunately incidental, episodic, so that regardless of who becomes president, the continuity of state power in Poland is maintained – said Hołownia.
The National Electoral Commission postponed its decision on the PiS financial reportMaciej Knapik/Fakty TVN
The National Electoral Commission adjourned the deliberations on the report of the PiS election committee
On Monday, the National Electoral Commission adjourned the discussion on the report of the PiS election committee 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 decision was made by a vote of 5:4. Last week, the Chamber accepted PiS's complaint about the National Election Commission's rejection of the report of the party's electoral committee from the 2023 parliamentary elections. However, the status of the Chamber of Extraordinary Control is questioned, among others. by the current government, some members of the National Electoral Commission, lawyers and European tribunals.
A PiS spokesman said on Tuesday that the party will take legal action against five specific members of the National Electoral Commission who “illegally do not implement the Supreme Court's ruling and want to liquidate the party representing the vote of almost 10 million Poles and criminally influence the result of next year's presidential elections in Poland.” “.
On August 29, the National Electoral Commission rejected the financial report of the PiS election committee from the 2023 parliamentary elections. PiS appealed against the National Electoral Commission's decision to the Supreme Court.
After the National Election Commission rejected the PiS report, the party's subjective subsidy (almost PLN 38 million) was reduced by three times the questioned amount, i.e. by approximately PLN 10.8 million. Moreover, the nearly PLN 26 million annual subsidy was reduced by PLN 10.8 million. The consequence is also the return to the State Treasury of the disputed sum, i.e. PLN 3.6 million. Moreover, the rejection of the election report was the reason for the rejection of PiS's annual financial report for 2023. According to the regulations, rejection of the annual report may result in the party losing the right to subsidies from the budget for three years.
As a result of the August resolution of the National Electoral Commission, PiS received less money from the budget in 2024 than if the election committee's report had been accepted.
Main photo source: PAP/Albert Zawada