During the ultimate Court, there was an exchange between Adam Bodnar and the judges sitting in the home of Extraordinary Control and Public Affairs. erstwhile the Minister of Justice demanded that they be excluded from ruling and handing over the case to another SN chamber, they argued that he was not a associate in the proceedings.
The gathering began at 13 p.m. Chamber of Extraordinary Control and Public Affairsto issue a resolution on validity presidential election result.
However, before entering the reporting part, the Judge-Rapporteur referred to the formal conclusions made by the lawyer General and his colleagues. It was especially about 30 June report requesting exclusion from the case of all IKNiSP judges and transfer it to the Labour and Social Insurance Board.
SN determines the validity of the election. Dispute during the sitting
President of SN Krzysztof Wiak pointed out, addressing the Minister Adam Bodnarthat, in the present case, the court is acting "on the basis of regulations of an highly systemic nature".
- I'm sorry. In that case, the lawyer General does not act as a associate in the proceedings, and there is no doubt. In this connection Proposals have no legal basis - stressed.
SEE: The ultimate Court deals with the importance of elections. There are protests ahead of the building
At the same time, he pointed out that the regulations state that it is the IKNiSP that determines the validity of the elections, not the IPiUS, whose competence is different.
- I'm sorry. The possible transfer of these cases to this Chamber would clearly argue with the fact that so far no procedures have been conducted in connection with electoral protests and the determination of the validity of elections - he added.
Adam Bodnar's clash with SN judge. "Unprecedented Situation"
After Adam Bodnar took the floor, this did not surprise him with specified a presentation of the case.
- I'm sorry. I am amazed to read the President's wordsthat the lawyer General is not a associate in the proceedings because, as Article 323 of the Electoral Code lively says that the participants of the proceedings are protestors, the president of the competent electoral commission or his deputy and lawyer general," he said.
- I'm sorry. We have consistently submitted these proposals for the exclusion of judges in relation to all the electoral protests that have been tabled. They were justified by circumstances which are commonly known, but they should be recalled, namely the judgement of the TEUJE of 21 December 2023, the many ETPC case law together with the case of Wałęsa v Poland of 17 November 2023, but I besides think it should be stressed that in this composition which we have, there are 2 judges who themselves consider that this chamber is not competent for ruling on electoral matters," he replied.
SEE: SN will decide the validity of the election. "What is most crucial for Poles was neglected"
Bodnar besides recalled the PCW, which indicated that the court ruling on the validity of the elections could not rise doubts as to the composition. - This is an unprecedented situation - he concluded.
Judge Wiak replied that if only 1 justice was excluded from the ruling, it would introduce a "big systemic chaos".
- I'm sorry. Neither do I realize why 2 judges rule, and have doubts, but I will not answer that. (...) I find that in this case the prosecutor has no right to submit specified a request as a individual who is not a associate in the proceedings," he added.
Bodnar at the SN meeting. "Do you feel like a flawed elected senator?"
Later, the justice besides addressed the question to Adam Bodnar Maria Szczepaniec. As she recalled in the elections to the Sejm and the legislature in 2023, erstwhile he obtained the senator's mandate, the validity of the election was decided by the home of Extraordinary Control and Public Affairs. So I have a question for you, Do you feel like a flawed senator? So-called neo-senator? - she asked.
- Somehow. I don't remember you protesting at the time. - added.
- I'm sorry. Judge, I am here in the function of a individual who defends the electoral protests put forward by citizens. And the last thing I'm gonna do is usage the kind of words that the justice used. I don't think that specified words - publicist - should fall in this glorious courtroom of the ultimate Court. - Bodnar replied.
SEE: Tusk commented on the ultimate Court ruling. "We have a problem"
- I'm sorry. Will you answer my question?
- I'm sorry. I believe that the importance of the ultimate Court's decision in the context of parliamentary elections is purely declaratory, unlike those on which it is dependent on further actions, namely the swearing-in of the president of the Republic of Poland, said the Minister of Justice.
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