Former Prime Minister Mateusz Morawiecki heard allegations today. Investigators accuse him of exceeding his powers as Prime Minister by taking action without a legal basis to prepare and run the presidential election on 10 May 2020 only in the form of a correspondence vote.
Morawiecki refused to testify, arguing that he wanted to first read the case files. However, he publically stated that he would make the same decision again. The motion to waive immunity in this case went to the Sejm in early January 2024, but Morawiecki himself waived immunity a fewer days later, claiming that the charges were politically motivated.
The allegations against the erstwhile Prime Minister arise from his decision to organise the 2020 presidential election by correspondence. The election was scheduled to take place on 10 May 2020, but yet failed due to legal controversy and opposition of the Polish Senate.
In 2020, Poland struggled with the alleged COVID-19 pandemic, which prompted the government to effort to conduct a universal correspondence vote, which had no precedent before. On April 6, 2020, the Sejm passed the bill on this matter, but the legislature rejected it. Despite this, Prime Minister Morawiecki instructed Poczta to prepare elections in correspondence. This decision was controversial because:
- There was no clear legal basis – The Provincial Administrative Court in Warsaw later stated that the decision of Morawiecki to send the Polish Post a advice concerning preparations for elections was issued without legal basis and was invalid.
- The National Election Commission (PPP) did not have the power to organise elections in this form – May 7, 2020 PKW announced that the vote on May 10 will not take place.
- Constitutionalists, Ombudsman and global organisations specified as the OSCE, considered that the elections in this mode did not meet democratic standards.
The erstwhile Prime Minister claims that his actions were in line with the Constitution of the Republic of Poland and aimed to supply citizens with the chance to democratically elect the President, despite the hard conditions of the pandemic. Article 128 of the Polish Constitution requires the Council of Ministers to hold presidential elections within a strict deadline. Morawiecki argues that as Prime Minister he was obliged to act and organise elections within the time limit set by the Constitution.
He besides stressed that all of his decisions were motivated by public interest, and the allegations made to him were political.
Under the office building, where Morawiecki heard the charges, PiS politicians and supporters of the erstwhile Prime Minister gathered, demonstrating support.
The final decision will depend on the prosecution's further action and the court's. Will Morawiecki be found guilty of exceeding his rights, or will he prove that his actions were lawful? This will surely be the subject of a public debate for a long time.
