Deputy Advocate for Law and Justice Mateusz Kurzajewski confirmed on Tuesday that the organization sent a request to the president of the State Election Commission of Sylwester Marciniak, in which he demands, among another things, an urgent convening of the Commission and approval of the PiS election committee study after the ultimate Court ruling.
On Monday, the State Election Commission postponed its deliberations on the PiS electoral committee's study until “the constitutional authorities of the Republic governed the legal position of the home of Extraordinary Control and Public Affairs and the judges taking part in the ruling of that Chamber”. The decision was taken by 5:4 votes. Last week, the home recognized a complaint from the Law and Justice Office against the PKW's study of the party's election committee from the 2023 parliamentary elections. However, the position of the Extraordinary Control Chamber is questioned, among others, by the current government and any members of the PKW.
Therefore, PiS sent a letter to PKW president Sylwester Marciniak. He was the first to inform the portal Independenta.pl.
Law and Justice demands application of the electoral code, urgent convening of the sitting and approval of the electoral study after the ultimate Court ruling. The group besides called for Marciniak to inform law enforcement authorities that 5 PKW members suspected the crime.
Earlier that day, PiS announced that it would submit a announcement to the prosecutor about the anticipation of committing a crime by members of PKW: Paweł Gieras, Ryszard Kalisz, Ryszard Balicki, Maciej Klisi and Konrad Składowski, who voted on Monday to postpone the PKW meeting. A PiS spokesperson told PAP that "these people must be aware that they are implementing political guidelines, breaking the law and their actions are a crime".
PKW on 29 August rejected the financial study of the PiS election committee from the 2023 parliamentary election. The organization has challenged the PKW decision to the ultimate Court.
Following the rejection of the PiS report, the entity grant for this organization (nearly PLN 38 million) was reduced by 3 times the contested amount, i.e. by about PLN 10.8 million. In addition, nearly 26 million yearly subsidies were reduced by PLN 10.8 million. The consequence is besides the return to the State Treasury of the contested sum, i.e. PLN 3.6 million. Furthermore, the rejection of the electoral study was the reason for the rejection of the yearly accounts of the PiS for 2023. Under the provisions, rejection of the yearly study may consequence in the organization losing the right to grant from the budget for 3 years.
As a result, the August resolution of the PPD of the Law and Justice received little money from the budget in 2024 than if the election committee's study had been accepted. On the date of the designation of the complaint of the Law and Justice Office, the Ministry of Finance asked PAP whether the payments to the Law and Justice Office would be supplemented, replied that the Ministry ‘is not organization to the case’ and that ‘for the MF, PKW decisions are binding’.
The Chamber of Extraordinary Control and Public Affairs is competent to deal with complaints against resolutions of the PCW and besides decides on the validity of elections. It was created under the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the European Union and formed by persons appointed at the request of the National Judiciary Council established by the provisions of December 2017.
In the second half of November, the PKW adopted a position in which it advocates that in cases before the SN and another courts the persons appointed to justice by the KRS after 2017. At the time, it was announced that cases involving PKW in which specified persons would rule, the Commission would request their exclusion. However, this position was not adopted unanimously.
PKW president Sylwester Marciniak said at the time that he was a supporter of “not taking this kind of position, due to the fact that it is not a resolution, it is not a ruling” and that PKW “is not entitled to take decisions in this respect”. On the another hand, justice Wojciech Sych, Deputy president of the Commission, made a message that this position, contrary to the rules of the Constitution, cannot have legal effects.
Source: PAP
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