So-called. Venice Commission, the advisory body on Council of Europe law presented the conditions, on the basis of which constitutional courts may annul dissmocratic elections. They are so out of focus that left-wing governments can usage them to manipulate the results of voting, in the event of a right-wing victory.
However, the Romanian option in Poland is possible. But let's remember how it started. In December last year, 2 days before the second circular of the presidential election, the Romanian Constitutional Court annulled the results of the first round. An unfair run led by Calin Georgescu, allegedly supported by Russia, was given as a justification. This proved to be false, but the court ordered elections from the beginning.
The Venice Commission's urgent paper now published refers to Romania's case. ‘The intent of the Venice Commission is not to delve into the facts of the Romanian case, nor to analyse the decision of the Constitutional Court there’ It's been stressed. However, the case of Romania was acknowledged to be ‘special’ and among the issues to be considered was ‘external impact from another country’. It is apparent that the facts have been ignored, as it has not been proven that individual outside manipulated Romanian elections.
According to the authors of the document, under circumstantial circumstances and subject to many conditions and safeguards, the constitutional court may annul the elections on a Romanian basis. It has been explained that global standards neither impose on constitutional courts nor prohibit them from taking decisions on this matter. At the same time, it was reserved that specified a provision can only be issued in emergency situations and regulated to "hold public assurance in the electoral process".
According to the Commission, the main criterion recognised by global standards is ‘whether irregularities affected the result of the vote’. In addition, a violation of electoral rights, freedoms and interests not only by the State but besides by public and private entities was listed as the basis for the annulment of the elections. At the same time, the Venice Commission recalled that the State is required to warrant free elections and a fair campaign.
The advisory body of the Council of Europe highlighted the request to defend the procedures in the event of decisions to cancel elections due to evidence of serious irregularities, and stressed the request for a transparent and in-depth explanation of specified a decision.
The issue of propaganda in the electoral run was besides raised, which, as has been recalled, is allowed under the freedom of opinion, unless it exceeds the allowed restrictions, e.g. in the issue of hatred speech against political opponents.
In this context, it has been noted that specified social media activity must meet the requirements for backing campaigns and transparency. The Commission experts acknowledged that it is simply a major challenge to prove the breach of electoral law in relation to online and social media campaigns. It called for rules on this issue.
In its conclusion, the Venice Commission assessed that possible decisions to cancel the elections had to be supported by careful analysis and supported by strong evidence of infringements of the law and with caution not to trust solely on classified information, which could undermine the transparency and reliability of the process, as warned by the authors of the document.
The Commission's proposal seems simple: the issued paper and recommendations it contains, the PO may usage for failing to recognise the Polish presidential elections if Karol Nawrocki had won them.
OUR COMMENTS: It is not known from this day on that real dissmocracy is only erstwhile the rainbow-green left and liberals regulation from “freedom” from the waist down.
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