For respective years we have been surviving in a legal and political reality that resembles the proverbial banana republic. Poland is most likely the only country in Europe to hear specified nonsense as ‘these judges do not exist’, ‘this court does not exist’, ‘this court does not exist’, ‘this judgement does not exist’.
If serial criminals or political militant leaders were to say so, we might think that we were in the Balkan cauldron of the 1990s, but that is the case from law professors, judges, prosecutors, lawyers and the highest representatives of the state, including the Prime Minister, the Marshal of the Sejm or the Minister of Justice. This is not the end of which, they do not recognise each another and question their decisions by state institutions, and this is the case with the State Election Commission, the majority of which announced that they would not recognise the ruling of the Extraordinary Control and Public Affairs Chamber.
In this curiosity statement, the most tragic is that the PKW has already recognised the sentences of the SN home on many occasions, and on fundamental issues, specified as the declaration of the importance of elections. On the way, PKW recognised Extraordinary Chamber ruling on Poland 2050 and the Confederacy, but now there is to be a breakthrough as part of the cult “constituency in doctrine”. The PKW rejected the PiS study and consequently lost part of the parliamentary run subsidy and the full subsidy for 4 years. Both resolutions fell by a tiny majority, due to the fact that only 1 vote and were challenged from the beginning by the Law and Justice Office, besides on a legal basis.
A fewer days ago, the Extraordinary Chamber took into account the PiS complaint, which means that the PKW is legally obliged to adopt a resolution approving the study in question and as a result, the Ministry of Finance should pay the subsidy immediately. So many theories and letters of law, but in political practice, things look like in the banana republic and a process called "putting up a hot potato" began. The first “fun” was attended by the Ministry of Finance, which issued a laconic message:
The Ministry of Finance is not organization to the case. For the MF, PKW decisions are binding.
It must be admitted that the content of this communication corresponds to the fact and the letter of law, indeed it is that the ministry itself cannot pay the funds until the legal procedure is completed. This means that the potato is now in the hands of PKW members, and if the political declarations of Richard Kalisz and another members of the committee who questioned the PiS report, had no consequences so far, then now is the time of final verification. Members of the committee who ignore the decision of the Extraordinary Control and Public Affairs Chamber will commit a crime, at least in Article 231 kk and, in addition, will not fulfil their obligations and exceed their powers.
Any disputes in doctrine and another interpretations have no meaning at the moment, there is simply a judgement to be enforced either bear legal consequences for breaking the law. In addition to criminal liability, for ignoring the ruling of the Extraordinary Chamber, PKW members can besides respond civilly, and contrary to appearances, it is much more dangerous for them, due to the fact that the Law and Justice Office can request compensation, and so Mr Kalisz and the others will gotta pay out respective twelve million zlotys from their private pocket. The gathering of the PCW will take place on 16 December and so far no associate of the committee has declared that it will ignore the ruling of the Extraordinary Chamber, although earlier the bravados were not lacking.
We don't believe in anyone, we don't believe in anything! We look at facts and draw conclusions!
