Who will confirm the validity of the president's election? Who will approve the election results in Poland? This should be done by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, but – according to the judgments of European tribunals – this chamber is not a court. So what can happen right after Poles go to vote?
Marshal of the Sejm Szymon Hołownia will officially set the date of the presidential elections on Wednesday. However, the question of recognizing the validity of the president's election still remains, because the Chamber of Extraordinary Control and Public Affairs of the Supreme Court is to rule on this matter, which – according to the rulings of European tribunals – is not a court.
– Even if the 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 – says Professor Włodzimierz Wróbel, judge of the Supreme Court.
The problem will arise when the chamber declares the elections invalid, and this may happen when the difference between the candidates is small. PiS may then flood the chamber – which it itself established and staffed – with election protests.
– PiS has shown many times that it will not limit itself, it will use all possible means if it loses – notes Ryszard Petru, MP from Poland 2050.
– I would be false if I said that Poles would not use this option – admits Robert Telus, an MP from Law and Justice.
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Protests are not the only problem
Electoral protests would be considered by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, which is not a court. – If an electoral protest is the exercise of a political right of a citizen, it must be decided by a court, and not simply by some pretended, incorrectly appointed body – emphasizes Professor Włodzimierz Wróbel.
Protests are not the only problem that lawyers pay attention to. – The Chamber of Extraordinary Control, citing, for example, the failure to pay funds for Law and Justice, declares the elections invalid – points out Piotr Prusinowski, president of the Chamber of Labor and Social Insurance of the Supreme Court.
The National Electoral Commission first refused to pay money to PiS for irregularities in the election campaign, and later, after the decision of the Extraordinary Control Chamber, it changed its mind, although it admits that it does not know whether this chamber is a court. Finance Minister Andrzej Domański demands explanations from the National Electoral Commission.
– Just take this whole dispute, and it is possible, to court and let the court decide whether the Chamber of Extraordinary Control is a court in this case or not, and that's it. Then it will not be a decision by politicians, but a judicial decision – suggests Professor Włodzimierz Wróbel.
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PSL proposal
The case could be resolved by the Supreme Administrative Court, but it would have to do it quickly. The Sejm should also quickly deal with the bill of Marshal Hołownia, which transfers the recognition of the validity of elections from the Chamber of Extraordinary Control to the entire Supreme Court. The problem is that there are neo-judges sitting there, with whom legal judges will not rule. And here PSL submits its amendment to the bill, which the committee will consider on Thursday.
– We propose that the validity of the elections be decided by the Supreme Court in accordance with the constitution, but by a panel of 15 judges with the longest experience in adjudicating in the Supreme Court – says Marek Sawicki, PSL MP.
PiS will be against it. – Many law professors say (…) I have read many opinions that say it is unnecessary – argues Robert Telus, an MP from this group. He does not specify which professors he is talking about. – Please read in the media, I don't know the names at the moment, it's hard for me to say – he said.
But for legally elected judges, this is a reasonable proposition. – This is a solution that can be considered. I see no reason not to adjudicate in such a panel, comments Piotr Prusinowski.
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Preliminary talks in the coalition have already taken place. – We should do everything to ensure that the validity of the elections is confirmed by the Supreme Court, by judges who have the right to sit in this court – says Marcin Kierwiński, government plenipotentiary for reconstruction after the flood. – President Duda should take responsibility for this – says Magdalena Bielat, deputy speaker of the Senate from the Left.
So far, the president has not agreed to any attempts to change the Chamber of Extraordinary Control, headed by a close friend of Andrzej Duda.
Main photo source: Rafał Guz/PAP