After the decision that the August Electoral Commission's resolution to reject the report of the PiS election committee is valid, a political problem will immediately arise – said Professor Ewa Łętowska, a retired judge of the Constitutional Tribunal and former Ombudsman, to “Faktach po Faktach”. She explained what grounds she saw for not paying money to Law and Justice by the Minister of Finance and what the possible consequences of such a decision could be.
Professor, habilitated doctor Ewa Łętowska – retired judge of the Constitutional Tribunal, first Ombudsman – she referred in “Fakty po Faktach” on TVN24 to the discussion about money for Law and Justice.
National Electoral Commission she accepted on Monday financial report of the PiS committeethus implementing the decision of the unrecognized Chamber of Extraordinary Control and Public Affairs of the Supreme Court. On the same day, the head of the National Electoral Commission sent a letter to the Minister of Finance on this matter Andrzej Domańskiinforming that there is no longer any reason to cut PiS subsidies. However, it is not decided what the minister will do, because – as the government and some experts emphasize – the chamber of the Supreme Court, which ordered the adoption of the report, is not a court, according to the opinion of European tribunals.
Łętowska explained how the situation could develop depending on what the minister decides.
If the minister doesn't pay? “There will be a terrible political outcry”
A former judge of the Constitutional Tribunal pointed out why The solution is supported by the Minister of Justice, Attorney General Adam Bodnar.
– He says this: the resolution of the National Electoral Commission is unclear, so the one in which the National Electoral Commission found abuses (from August, rejecting the report of the PiS committee – editor's note) applies – no payment is required – she pointed out.
In her opinion, such a path would be additionally supported by “resolution 162 of the Council of Ministers from December this year”. – Where Council of Ministers In an internal act she said that she also wanted to follow the path of fidelity to the judgments CJEUECtHR (which ruled that the Audit Chamber is not a court – editor's note), therefore it would also be such a base – she said.
Łętowska also noted that “after such a decision that the August resolution issued by the National Electoral Commission is in force, a political problem will immediately arise.” – Funds will be cut – a political decision – she pointed out. According to her, “there will be a terrible political outcry.”
Łętowska said that there is “a legal recourse for anyone who would oppose this type of behavior by the Minister of Finance.” – So, for example, the PiS election committee has a road. Namely, he can complain about Minister Domański's behavior to the administrative court – said the expert.
However, she continued, it may also happen that “the election committee will say: I don't want to go to court because I prefer to show off my grievances politically.”
Łętowska: the PiS committee has legal recourseTVN24
Main photo source: TVN24