The Supreme Court prevented the Prosecutor General to familiarize himself with the files regarding electoral protests; This is a gross violation of the principles set out in the Electoral Code, the Act on the Supreme Court and the Code of Civil Procedure – assessed Prosecutor General Adam Bodnar.
Earlier on Monday, the Supreme Court press team reported that two prosecutors of the National Prosecutor
On Monday afternoon, Bodnar emphasized on platform X that by virtue of law, the Prosecutor General is a participant in the proceedings before the Supreme Court regarding the decision of election protests and the validity of the election. This means – as he emphasized – “that pursuant to Article 96a Paragraph 3 of the Act on the Supreme Court is guaranteed access to the case file.”
“The Supreme Court, however, prevented the prosecutor General to familiarize himself with the files. This is gross violation of the principles set out in the Electoral Codethe Act on the Supreme Court and the Code of Civil Procedure, “said Bodnar. He added that he indicated this in the position transferred to the first president of the Supreme Court Małgorzata Manowska.
The minister joined the entry on X, a letter addressed to Manowska. He emphasized in it, among others that in the absence of the General Prosecutor, all election protests regarding the presidential elections ordered on May 18 and June 1, 2025, as well as the lack of delivery of opinions in the form of decisions adopted in three people, authorized the prosecutors of the National Prosecutor's Office to read the files of proceedings on site, in the seat of the Supreme Court.
“On June 30, 2025, in the morning PK prosecutors were asked to prepare relevant applications, separate for each proceeding. Despite their presentation and indicating over 300 references of the files, by the end of the working day on June 30, 2025, the files of any of the matters were not made available to them” – reads in the letter.
The spokeswoman for the prosecutor, prosecutor, Anna Adamiak, earned earlier on a press briefing on Monday that prosecutors from PK under the authority of PG requested an insight into the files of these election protests, for which PG previously held the position.
As Adamiak informed, the actions of the prosecutors resulted from the fact that PG “in some cases managed the application for inspection of voting cards”, but “he was not informed how his request was examined”. “As well as, despite directing letters to the first President of the Supreme Court Małgorzata Manowska, a request to submit judgments in which the Supreme Court has already ruled on specific protests in which PG held the position, we did not receive these decisions” – added prosecutor Adamiak.
The Supreme Court in the Monday announcement on Platform X reported that two prosecutors of the National Prosecutor's Office submitted the position of prosecutor general Adam Bodnar at the SN, in the proceedings for the validity of the presidential election.
SN spokesman Aleksander Stępkowski, during the Monday press briefing, asked for details, he replied that although he had not yet read him fully, it “does not differ largely from the position”, which PG took earlier. He noted that this position contains a request to exclude the judges of the Chamber of Extraordinary and Public Affairs and the postulate of referring the case to the examination of the Chamber of Labor and Social Security of the Supreme Court. Judge Stępkowski estimated that it is “completely devoid of legal grounds”.
The spokeswoman for the Prosecutor General said on Monday that if the Supreme Court did not comply with the PG application and the validity of the election would continue to be considered by the Chamber of Extraordinary Control and Public Affairs, then PG was withdrawing from presenting the position to the Supreme Court regarding the validity of the elections. She reserved, however, that this withdrawal would be “subsequent” because the PG position regarding the validity of the election was submitted to the Supreme Court.
It was added in the Supreme Court's announcement that prosecutors who submitted the position of Bodnar also requested the secretary's office of the Chamber of Extraordinary Control and issuing the files of matters from election protests, explaining their demands “with the command they received from their superiors.” “They were instructed about the procedure under which they can access the files with the proviso that this cannot apply to the files that are at the disposal of the adjudicating panels” – we read in the SN.
As reported by the Supreme Court – after telephone consultations – prosecutors demanded access to files 214 of matters initiated by electoral protests and and completed “relevant applications – one application for each case, which will later be attached to the files of a given case.”
The Supreme Court received – as previously reported – about 53 thousand. 900 protests against the election of the President of the Republic of Poland. The vast majority were combined for joint recognition. Last weekend, the Supreme Court reported that he left over 50,000 without further running. election protests, including protests submitted using the pattern developed by MP Roman Giertych.
As the press team informed PAP on Monday, so far among the protests brought 16 they were considered justified, but without affecting the result of the election, and 7 as unfounded. There are still several dozen protests to be diagnosed.
Prok. Adamiak previously informed that as part of the procedure for recognizing protests against the validity of the President of the Republic of Poland, the Supreme Court transferred PG 321 – with about 56 thousand. election protests, brought after this year's presidential election.
Pursuant to the regulations, the Prosecutor General “implements its statutory competences by presenting the Supreme Court positions regarding electoral protests regarding the validity of the election of the President of the Republic of Poland.” Already last week, PG spokeswoman reported that 25 prosecutors were appointed in PK.
After examining all protests, based on the report on the election presented by the PKW, the Supreme Court, in the composition of the entire Chamber of Extraordinary Control and Public Affairs, decides on the validity of the election of the President of the Republic of Poland. The meeting regarding the adoption of a resolution regarding the validity of the election is designated for Tuesday, July 1 this year. (PAP)
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