Mr Michał Wawrykiewicz outlined a script in which, in the event of questioning the validity of the presidential election, the duties of the head of state may temporarily be assumed by the talker of the Sejm Szymon Hołownia.
In an interview on TVP Info Wawrykiewicz challenged the legitimacy of the Chamber of Extraordinary Control and Public Affairs as a body capable of ruling on the validity of the elections:
"The Chamber of Extraordinary Control and Public Affairs is not a court. And until the validity of the elections is established, the National Assembly should not be convened, but this is my position as a lawyer, as a defender of the regulation of law for many years, now a MEP".
If the word of office of president Andrzej Duda is terminated on 6 August, and Karol Nawrocki, elected by the PKW, is not sworn in, the duties of the head of state will be assumed by the talker of the Sejm. As Wawrykiewicz stated:
"The talker of the Sejm, in this case Simon Holownia, is the President's duty".
He stressed that:
"Constitutionally specified a script is possible ... but I would not run, it is inactive very far distant in a political and legal sense."
What does the Constitution say?
In accordance with Article 131(1) of the Constitution of the Republic of Poland, “if the office of president of the Republic becomes vacant, the duties of president of the Republic shall be exercised by the Marshal of the Sejm”. This provision is besides applicable erstwhile the word of office of the current president is coming to an end and the fresh 1 has not yet been sworn in, for example due to the deficiency of a ultimate Court ruling confirming the validity of the elections. In that case, the talker of the Sejm takes over duties until the election and swearing in of the next President.
Background electoral protests
Michał Wawrykiewicz besides announced his own electoral protest. As he pointed out:
"Both candidate Rafał Trzaskowski and KO leaders are people who respect democracy. Therefore, if it was announced by the PKW, the body entitled to this, that the election was won by Karol Nawrocki, it had to be respected. What is different, however, is the analysis, which has continued over the last fewer days, which leads to specified conclusions that with a large probability, even bordering, we have been faced with a large number of irregularities."
According to the Electoral Code, protests may be submitted up to 7 days after the PKW has announced the results – in this case by 16 June. The ultimate Court has a work to examine them in time and to regulation on the validity of the elections.
