Resolution of the Supreme Court regarding the validity of the election of the President of the Republic of Poland published in the Journal of Laws. With an annotation …

The Journal of Laws published on Friday a resolution of the Supreme Court stating the validity of the election of Karol Nawrocki as the President of the Republic of Poland. Annotation was added to the resolution saying that the case law of European tribunals does not allow to recognize the composition of the Supreme Court as “a court established under the Act”.

On Tuesday, the Supreme Court, in the composition of the entire Chamber of Extraordinary Control and Public Affairs, found the validity of the election of Karol Nawrocki as the President of the Republic of Poland, made on June 1 this year. The resolution of the Chamber was adopted in the composition of all 18 judges. The content of the resolution and the justification of the decision was read by the president of this chamber Krzysztof Wiak. Three judges submitted a separate sentences – two to the entire resolution, and one to justify.

President Wiak pointed out in the justification that a large number of election protests paid – about 54 thousand. – She did not increase the importance of the allegations raised in them, and none of the established deficiencies had an impact on the overall election result.

The meeting was attended by the head of the State Electoral Commission Sylwester Marciniak, as well as prosecutor general Adam Bodnar and his deputy prosecutor Jacek Bilewicz. At the beginning of the meeting, Bodnar requested the issue of the validity of the election by the Chamber of Labor and Social Insurance of the Supreme Court. In the justification to the application, he indicated that the Extraordinary Control Chamber “did not meet the requirements of independence and impartiality,” he also requested that the judges of this chamber be excluded from the case.

Referring to PG's conclusions, the president of Wiak said that they were not found in the applicable law and reported that they were left without recognition.

Pursuant to the provisions introduced in 2018 during the PiS rule, competent for considering election protests and finding the validity of the election, the Extraordinary Control and Public Affairs Chamber of Supreme Court is created at that time. It is made up of persons appointed after 2017 to the office of a judge at the request of the National Council of the Judiciary, shaped under the procedure specified by the provisions of the CRS Act of 2017. For this reason, the status of this chamber is questioned by the current government, which recalls here, among others Jurisprudence of the Court of Justice of the EU and the European Court of Human Rights. Before 2018, the election issues were considered by the then Insurance and Public Affairs Chamber.

On Friday evening, the Supreme Court resolution adopted on July 1 was published in the Journal of Laws.

The resolution – in a published form – was preceded by an annotation. “In accordance with the judgments of the European Court of Human Rights (…), as well as in accordance with the case law of the Court of Justice of the EU (…) the National Council of the Judiciary shaped under the Act of 8 December 2017 (…) does not give the warranty independence from legislative and executive power, and irregularities in the process of appointing judges do not allow the recognition of the Supreme Court – the person in which appointed to perform the office as a judicial position by the President of the Republic of Poland at the request of the National Court Register shaped in the mode specified by the provisions of the Act of 8 December 2017 (…) – for the court established under the Act ” – says this annotation.

On Tuesday, July 1, Sejm Marshal Szymon Hołownia announced that on August 6 he would call the National Assembly and would receive the presidential oath from Karol Nawrocki.

At the same time – also on Friday – an earlier resolution of the Supreme Court was published in the Journal of Laws, adopted on May 14 this year. through the entire Chamber of Extraordinary and Public Affairs. It stated the validity of supplementary elections to the Senate in constituency No. 33 in Krakow conducted on March 16 this year. This resolution in the Journal of Laws was also provided with an analogous annotation as a resolution on the validity of the choice of Karol Nawrocki. (PAP)

MJA/ MRR/ JPN/