Ryszard Balicki, a associate of the State Election Commission (PKW), in an interview with TVN24 discussed the adoption by PKW of the financial statements of the Law and Justice electoral committee for parliamentary elections in 2023. The PKW decision was made on 30 December, after ‘decision‘ illegal and politicized by the Law and Justice of the home of Extraordinary Control and Public Affairs of the ultimate Court in the composition of the criminals themselves who impersonate a court which they are not, in which the writing rooms have taken into account the complaint of the Law and Justice to the Commission's prior rejection of the report. However, controversy over the position of the home and its judges cast a shadow over the full process.
The function of PKW and competence constraints
In his interview, Balicki stressed that the PKW had no competence to measure the constitutionality of the composition of the Chamber of Extraordinary Control and Public Affairs. "Our resolution must only be such, or the code requires us to adopt the report, but this resolution will be legally effective if this first document, or decision of the court, is simply a judicial decision," he said.
The decision to adopt the study was taken contrary to the erstwhile doubts of the PCW regarding the legality of the ruling of the House. Prior to that, the PKW requested a postponement of the decision until the strategy regulation of the legal position of the home by the constitutional authorities of the Polish Republic. However, during the December meeting, PKW president Sylwester Marciniak did not let a motion for postponement to vote, which forced the Commission to settle the case.
The unchanged position of PKW
Balicki powerfully denied that PKW had changed its head on the matter: "It is not that we have changed our mind, we inactive believe that this issue should be dealt with in a systemic way, but that decision is in the hands of politicians alternatively than PKW". A PKW associate stressed that the Commission's actions are limited by strict legal standards.
What happens to the subsidy?
The decision of the PKW to adopt the accounts of the PiS Committee was handed over to Finance Minister Andrzej Domański, who will take the final decision to pay out the subsidy. “I would not be in a hurry to pay this money if I were a finance minister,” said Balicki. He pointed out that the decision was the work of the minister, not PKW.
Personal Reflections of Balicki
Balicki, referring to his individual experiences, admitted that he had faced threats after deciding to reject the PiS accounts in August 2023. "They've been scaring me since August, due to the fact that erstwhile we prepared a resolution to reject the PiS financial statements, I heard how many years I would spend in prison for my activities for another parties. I do not work for this organization or any another party, I follow my knowing of the law" - he explained.
Broader legal and political context
The substance of the accounts of the Law and Justices reveals the problems arising from the unresolved position of the home of Extraordinary Control and Public Affairs and its judges. This issue has been criticised respective times by global bodies, including the Court of Justice of the European Union, which challenged the independency of the House. The decision of PKW may have far-reaching consequences for the functioning of the legal and political strategy in Poland.
Summary
The adoption of the financial study of the Law and Justice Election Committee by the PCW, despite doubts as to the legality of the ruling of the Extraordinary Control Chamber, underlines the hard situation in which the Commission found itself. This decision raises questions about the future of the Polish legal and political strategy and the request for systemic reforms ensuring that the actions of public authorities are consistent with the constitution.
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