The National Electoral Commission accepted the PiS report. What's next? Professor Marek Safjan comments

On December 30, the National Electoral Commission adopted the financial report of the PiS committee from the 2023 parliamentary elections. This was the result of a decision by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, whose activities are questioned, among others, by European tribunals. This chamber accepted PiS's complaint about the earlier rejection of the report by the National Electoral Commission.

The adopted resolution of the National Electoral Commission indicated that it was adopted “only as a result of the complaint (PiS – ed.) being accepted by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court.” It was added that the resolution “is inherently and directly related to the judgment, which must come from a body that is a court within the meaning of the constitution and the Electoral Code.” “The National Electoral Commission does not determine that the IKNiSP Supreme Court is a court and does not determine the effectiveness of the judgment,” reads paragraph 2 of the resolution.

Therefore, the head of the National Electoral Commission sent a letter to the Minister of Finance Andrzej Domańskiinforming that there is no longer any reason to cut PiS subsidies. The next step belongs to Domański.

READ ALSO: Domański said that he acted “based on the resolutions of the National Electoral Commission.” What will he do now?

The professor talked about this matter in “Fakty po Faktach” on TVN24 Marek Safjanformer President of the Constitutional Tribunal and former judge of the Court of Justice of the European Union.

– In general, the question about what the Minister of Finance should do can be modified. Namely – whether he should do anything at all in a situation where there seems to be no decision – he said.

He added that “there is no decision” on the side of judicial control, because “such an apparent decision was issued by the Chamber of Extraordinary Control (and Public Affairs – ed.), which is not a court.”

Professor Safjan assessed that in the justification of the judgment CJEU in this case “there is an unambiguous statement that prevents any maneuver in recognizing that we are dealing with the Chamber of Extraordinary Control.”

– It was difficult for me to agree with the position of Judge Manowska (first president of the Supreme Court – ed.), who claims that it has no significance for matters related to adjudicating on the rule of law in Poland or the situation in Poland. Of course it does, that's why it is a binding judgment. It is impossible to imagine that someone is a judge from the point of view of European standards and requirements that define the concept of an impartial court, and is not a judge from the point of view of Polish standards – he emphasized. He added that “the standards are identical and are binding on all countries.” – Polish judges are European judges – he noted.

– There is no doubt that this judgment (of the Chamber of Extraordinary Control and Public Affairs – ed.) could not create any legal consequences – continued the former president of the Constitutional Tribunal.

Referring to the content of the NEC resolution, Professor Safjan stated that it was a “legal curiosity”. – Because we are dealing for the first time with a phenomenon that creates a conditional decision. It is like saying: “I will award Kowalski PLN 100,000 in compensation provided that Kowalski is the perpetrator.” A judgment issued in this way is not a judgment. It (such a decision – ed.) cannot produce any legal consequences because it is internally contradictory, said Professor Safjan.

– We are dealing with a situation in which there is no basis, there are no premises for the Minister of Finance to make any decision – added the TVN24 guest.