Professor Marek Safjan on irregularities in election committees

It is necessary to allow reliable statement of the election validity – said in TVN24 former president of the Constitutional Tribunal, Professor Marek Safjan, referring to irregularities in election committees. He added that in this matter “there are two mechanisms on the table”.

Professor Marek Safjanformer judge of the Court of Justice of the European Union, former president of the Constitutional Tribunal, spoke in the program about the case of irregularities when counting votes in some election committees. On Friday, spokesman for the Supreme Court Aleksander Stępkowski said that the number of all election protests could reach 50,000.

Safjan said that “it must be allowed to reliably state the validity of the election.” This is very important for the public. This is very important for President Elekt, for his future democratic ID. This is important for the stability of the state, he said.

– And that is why it is worth remembering that there are mechanisms in our system that allow you to enable an effective, important election statement in accordance with Article 129 of the Constitution – he added.

1. The Supreme Court states the validity of the election of the President of the Republic of Poland. 2. The voter has the right to report to the Supreme Court a protest against the validity of the election of the President of the Republic of Poland on the principles set out in the Act. 3. In the event of annulment of the election of the President of the Republic of Poland, new elections are held, on the principles provided for in art. 128 para. 2 for the case of emptying the office of the President of the Republic of Poland.

“The mechanism of ensuring the validity of the election lies in the Supreme Court”

As the former president of the Constitutional Tribunal continued, the procedures related to the swearing -in of the new president should take place in such a way that “we have a statement of the validity of the election by an appropriately legitimate chamber, and then there is a sworn in.”

“This is a logical sequence of events that should occur,” he pointed out. Meanwhile, the unrecognized Chamber of Extraordinary Control and Public Affairs of the Supreme Court is to decide on the validity of the election.

Former judge CJUE He also said that “the mechanism for ensuring the validity of the election lies in the Supreme Court.” He explained that “it would be enough for the president (first president of the Supreme Court – ed.) Manowska to designate the appropriate adjudicating panel.” He added that “this is in her hand.”

– I do not want to call for a revolution, to go out into the street, to question the results of the election. I would just like to get a legitimized electoral process, which is based at individual stages – continued the lawyer.

Professor Safjan with “two mechanisms that lie on the table”

Professor Safjan, continuing the thread of what could happen in the Supreme Court when stating the validity of the election, indicated that the case could be referred to a 15-person, “appropriately legitimate” composition of judges. – There are such judges, there are no problems. It is a matter of the five -minute decision of Mrs. President Manowska – he argued.

As he continued, the second mechanism would be “withdrawal of veto”, i.e. agreeing by the current president to the introduction of such a solution that – as he said – “in fact,” would be a repetition of the so -called incidental act. The draft act assumed that 15 judges of the oldest service as a judge of the Supreme Court should decide on the validity of the election of the president. The act passed through the Sejm and the Senate, but the president refused to sign it Andrzej Duda.

“These are two mechanisms that lie on the table,” TVN24 guest said.

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