Below we print the Open Letter of Antoni Ciszewski to the Marshal of the Parliament of the 3rd Republic, Marek Sawicki.
Very dear Mr. Marshal Senior,
I propose that you cannot knowingly diminish your role, as a parliamentarian, in explaining (at source) the fake dispute (competence?), between the judges of the home of Extraordinary Control and Public Affairs of the ultimate Court and members of the PKW, Marshal of the Sejm, Minister of Finance and Minister of Justice and lawyer General.
As a citizen, I cannot agree with your statement, which, in fact, disregards the service functions of the president of PKW, I quote:
There is nothing to be said by the president of the PPD. He is not from ruling that individual is to pay money or not, just as it is not from ruling whether the Chamber of Extraordinary Control and Public Affairs ultimate Court is simply a court or not. It's not my occupation to tell Domanski whether to pay or not. If we follow the letter of law, and the Chamber of Extraordinary Control and Public Affairs is not a court, then all its decisions should be ignored by all authorities in Poland.
– according to your parliament speech, on the blocked dismissal of the organization grant to the Law and Justice on 8 January.
Because specified a dispute should never be, due to the constitutional norm in force, with Article 7 of the Constitution of the Republic of Poland, and relating to legal legal legality, on the basis of which all public bodies – state (chief and central) and local government (voivod, territory and municipal) function in an organized manner.
Firstly, the members of the Polish National Police Office decide within the scope of their authoritative competence under the Act of 5 January 2011 of the Electoral Code (Journal of Laws 2011 No. 21 item 112), and it is not actual that The president of the Polish National Police Office has nothing to do with this a statement; the president of the PPD is bound by the content of the resolution adopted by the PPD on 30 December 2024 on the adoption of the accounts of the Law and Justice Committee, after having taken into account the complaint of the election committee of the Law and Justice Committee by the SN, as a consequence of its appeal under the laws (Article 145(1) of the Law and Justice Committee).
The resolution of the PCW of 30 December 2024 is so of a declaratory nature, in relation to Article 145 § 6 K.w., in conjunction with Article 150 § 6 K.w., as it subsequently only states the current legal and factual situation, concerning the election committee of the Law and Justice, following the ruling of the ultimate Court in this case.
On the another hand, the further content of this unfortunate message by the associate and the elder Marshal is already completely detached from the legality of the laws in force:
– Act of 8 December 2017 on the ultimate Court (i.e. Dz. U. 2024 item 622);
– Act of 25 June 2015 on the Constitutional Court (Journal of Laws 2015 items 1064, 1928, 2147, 2217, 2016 item 178);
– Act of 12 May 2011 on the National Judicial Council (Journal of Laws 2011 No. 126 item 714 as amended),
I quote:
The Minister of Finance with the Minister of Justice should not, at least since January last year, pay money for these chambers, the Constitutional Court, the KRS. But now they have a problem due to the fact that they paid off these funds and recognized them.
Such a rebellious (?) approach to complying with the work to finance central judicial bodies, legally functioning in the administrative and judicial strategy of the Polish State, does not correspond to the seriousness and work of the Members, and contradicts in a meaningful manner the state's reasons of constitutional order.
Note: The reason for this discrepancy, between the appropriate treatment by the associate of the above-mentioned judicial bodies and the incorrect questioning of their legality, with the indication of the cast of circumstantial posts used, after 2015, is the anomaly of the political discourse aimed at maintaining the state of confusion and social unrest in the public transmission of the public message, which burdened the erstwhile coalition (ZP) with the introduced personnel changes in these institutions.
But specified an uneven approach of the legislature to the above (artificially generated) problem, which is the root of the systemic conflict, in the current coalition form, is contrary to the legislative procedure provided for by the Rules of the Sejm and the Rules of the legislature and the Act of 27 September 1990 on the election of the president of the Republic of Poland (Journal of Laws 1990 No. 67 item 398 as amended).
My fellow Member, pity, I inactive quote Your message from the Parliamentary Speaker:
It's a dispute between the PO and the Law and Justice. I have nothing to do with it, due to the fact that I only participate in this issue, which is actively attended by journalists, polarization of Polish society. I don't want it to end in a year or possibly a civilian war.
Only the last associate has a parliamentary sense for Poles: I don't want it to end in a year or possibly a civilian war.
At the end of the above, I will tell the associate any practice in the judiciary, including in the ultimate Court, namely, before 2015, the procedure for the designation of actions for the declaration of illegality of final judicial decisions or administrative decisions, in accordance with Article 4171 § 2 k.p.c., usually ended with the rejection of these complaints, in secret, in the amount of 3⁄4 of the full number of complaints.
To be sure, you can submit a parliamentary appeal to the Minister of Justice on the determination of the number of complaints brought by Mr Ciszewski since 2008, on circumstantial damages cases in which the courts have shown exceptional indiscretion. To the detriment of the citizens.
Antoni Ciszewski
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