The Polish parliament has adopted the alleged Emergency Act, which introduces crucial changes to the procedure for determining the validity of presidential elections. The fresh rules supply that the validity of the election of the president in 2025 will be decided by 15 ultimate Court judges of the longest working stint, alternatively of the erstwhile Chamber of Extraordinary Control and Public Affairs.
This law creates controversy and creates discussions about its impact on the legal strategy and the electoral process in Poland.
So far, issues relating to the importance of presidential elections have been resolved by the Chamber of Extraordinary Control and Public Affairs of the ultimate Court. However, its position was questioned due to the presence of alleged neo-judges, i.e. judges appointed after 2017 by the National Judicial Council in the fresh composition. These doubts stemmed, inter alia, from the Court’s rulings
Justice of the European Union and the European Court of Human Rights, which challenged the legality of the vocations made by the current KRS.
Will the president veto the incidental bill?
The decision of the Sejm was addressed by the President's Chancellery chief, Małgorzata Paprock, who stressed that the position of president Andrzej Duda on this substance should not surprise anyone.
– It is hard to anticipate the president to be satisfied with specified solutions," Polsat News said on the air.
She recalled that in her opinion since 2018 the president has been “standing a wall” behind judges appointed after 2017, and changes in the procedure for deciding the validity of elections may undermine their status.
Negotiation of neojudge status
Paprocka pointed out that, in her view, the incidental law is an effort to undermine the position of judges nominated in fresh years.
"Today's cards are clear. We know what this is about: negating the position of judges. The point is that elected judges should settle electoral matters," she said.
In her opinion, the situation around the Extraordinary Control Chamber did not change until the issue of backing for the Law and Justice Office was raised.
– So far, no of the decisions of the Extraordinary Control Chamber on the election by anyone have been contested until the issue of backing the Law and Justice. Then the dark clouds began to gather over this chamber – she noted.
Paprocka besides expressed surprise that the politicians of the ruling coalition question the position of judges sitting in the Chamber of Control, but have no uncertainty about the legality of their mandates.
– Aren't they parliament today? As a result, are they not the government today? – she asked rhetorically.
“I feel a small sorry for him.” Paprocka about Andrzej Domanski
During the interview, the subject of Finance Minister Andrzej Domański, who explained that he did not have clear guidelines from the State Election Commission on the financing of political parties.
Paprocka expressed sympathy for the minister, indicating that he was in a hard situation.
Mr. Domanski feels a small sorry for me. He's in a very hard situation. On the 1 hand, he was chosen. He made a very solemn vow at the Presidential Palace, as a associate of the Council of Ministers, that he would respect the Constitution and has a clear opinion to implement today. On the another hand, she has political guidelines for her boss Donald Tusk," she said.
Will it be president Duda's veto?
Paprocka did not tell you precisely what the decision would be. Andrzej Duda on the Emergency Act.
President Duda's decision on this substance will be crucial for the future of the presidential elections in Poland. If he decides to veto, the bill will return to the Sejm, where it takes a majority of 3/5 votes to reject him.
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