Szymon Hołownia announced that on August 6 he would receive an oath from the recently elected president Karol Nawrocki – unless the ultimate Court declared the elections invalid. In his view, controversy over the legality of the Extraordinary Control and Public Affairs Chamber must not block the swearing-in of the president elected by citizens. – "No combination, no coup" – stressed Hołownia in many media speeches.
Roman Gierty referred to this announcement by publishing a legal analysis indicating the hazard of constitutional abuse. In his opinion, the resolution of the State Election Commission, which indicated the anticipation of the incidents affecting the result of the vote, weakened the presumption of the validity of the elections. In this situation, – Gierty argues – the act of swearing up without a clear resolution of the legal ultimate Court Chamber has no legal basis.
Roman Gierty: What are these crucial choices that we are not certain of?
Photo screen shot / youtube
Since the Marshal of the Sejm has called me to the board a small bit, I will present my legal view. I would kindly point out that I am pointing to this view not as an MP, but as a lawyer with adequate powers to sit in each chamber of SN.
The argument of the talker of the Sejm that the nullity of the home of the SN cannot block the swearing-in of the decently elected president is correct.
The problem is that, as 1 of the PKW members rightly says, Richard Kalisz, the adoption of the PKW resolution on the content of "incidents may have influenced the result of the vote" means that there is no presumption of the validity of the elections. due to the fact that what kind of crucial choices are we not certain about? Thus, after this resolution of the PCW, the situation was legally reversed. To curse the resolution of the SN is essential due to the fact that the presumption of the validity of the elections has been challenged by the PKW itself and only the SN can reconstruct them.
PKW stated that the assessment of whether the incidents had had or had no impact on the result must be undertaken by a legally recognised neo jurisprudence-free SN Chamber. Since there is no specified resolution and the PCW has rejected the presumption of validity by a resolution, on what basis is the Marshal of the Sejm sworn by the President? After all, the Marshal of the Sejm is not the real Chamber of the SN to cross or even interpret the resolution of the PKW. There is no legal basis for swearing in due to the fact that we do not know whether the incidents mentioned by PKW have had any influence on the result of the elections.
And no arguments like: "You can't lose" They don't matter.
That is the law and the Constitution. Until a valid acting SN settles the issue of electoral protests and determines the validity of elections, the PKW resolution stating the anticipation of influencing electoral falsifications on the consequence will stay unchanged and the content of it cannot be read a certain result. By the way, I believe that a publication with an endorsement of the neo-isba resolution or the absence of that publication has no legal significance. The position of the Extraordinary Chamber of SN is not subject to the explanation of the government. This case is prejudged by the judgement of the 3 chambers of the ultimate Courts and many judgments of global tribunals and the government is obliged to apply those judgments. Therefore, in any promotion of the act of this chamber of the ultimate Court, there is simply a message that it is not a court within the meaning of the Constitution and the Treaties.
That is my reasoning, and many lawyers share it. Similarly, B. TK. presidents, SN judges and law professors spoke. I'm not acquainted with any statements of legal authority that say otherwise.
In fact, the only solution (except for prof. Zoll's interesting proposal) in specified a situation would be to ask the Marshal of the Sejm to order a recalculation of the votes and to issue a resolution on the content without any doubt. Then everyone would accept that result.
Roman Giertych, op. DF, thefad.pl
