Margaret Manowska on determining the importance of elections. ‘No another option’

• The draft alleged "accident law" — due to the amendments tabled on Wednesday during the parliamentary debate — went back to the work of the Justice Commission. The PSL-TD club tabled, among others, an amendment on the precedence of sitting on the bench of the SN ruling on the validity of the President's election
• Małgorzata Manowska, in an interview with “Rzeczpospolita” said that “according to the current ultimate Court Act, the validity of the President’s election lies in the competence of the home of Extraordinary Control and Public Affairs”
• "There has been a consultation with the presidents of the various chambers of the SN and a spokesperson on legal solutions, as different ideas appeared in public spaces. However, I do not see any grounds for circumventing the existing rules and seeking fresh solutions," she said in an interview with the journal
• More crucial information can be found on the Onetu homepage

“Rzeczpospolita” asked Manowska whether she was having talks with SN judges about joint ruling in the presidential election in connection with questioning the position of the home of Extraordinary Control and Public Affairs.

‘There are no specified talks with judges. There was a consultation with the presidents of the various chambers of the SN and a spokesperson on legal solutions, as different ideas appeared in public space. However, I see no basis for circumventing existing rules and seeking fresh solutions“ Manowska replied, recalling that according to the ultimate Court Act, the validity of the President’s election lies in the powers of the home of Extraordinary Control and Public Affairs.

The firm declaration of Margaret Manowska. ‘This option is not included’

In discussions on this subject in the ultimate Court, which Manowska referred to as “a commentary on media reports alternatively than options considered for application”, there were, as she said, 2 possibilities.

‘The first option is the anticipation of ruling by the full composition of the SN. We have come to the conclusion that if this is actually a full lineup, this is not real, due to the fact that elder judges will not want to regulation with us. This option, a joint ruling that came from Minister Adam Bodnar in a telephone conversation, is not an option," she noted.

"It was a very preliminary proposal that fell on the phone. We were expected to meet and talk about this and the situation of the judges, due to the fact that this is simply a bigger topic. However, the minister cancelled the meeting," she added.

The second option discussed by the ‘Rz’ Manowska is that the First president of the SN should appoint judges outside the Chamber in question in which the case is settled. “As a lawyer, I immediately had very serious reservations about this option, due to the fact that it cannot be utilized as a tool to destruct the full Chamber” “ She reserved it.

“Besides, who and who would indicate how many judges would be? I always thought that if there were any doubts, there was a sub-arm situation, there were different pressures, it was best to stick to the letters of law and law. The crucial thing, however, is that even if I had appointed another judges to regulation on electoral matters, these judges would have ruled in the IKNiSP, and so in this chamber, which is expected to not be a court. So the problem raised by politicians would not be solved," she said.

A imagination of “a threatening lawlessness”. “The nation will gotta decide”

She recalled in this context that the ETPC and the TEU do not question the position of SN judges, but the SN Control Chamber as a court. However, she added that the scope of this question did not include electoral matters in which that Chamber ruled.

‘As president I will stick to the bill, and if there is simply a gross lawlessness and those scenarios I hear will be implemented, the nation will gotta decide" “Manowska concluded.

She besides pointed out that a revision of the Constitution could solve problems in the judiciary. "In this way, various questions of uncertainty can be addressed. Thus, the election of members of the KRS, judges of peace, and at the same time the transitional provisions could besides accept all judges who are in service, appointed from postwar times to the present time," she said.

"But in order for the changes in the constitution to take place and for the dispute to be completed, it takes statesmen who can hide profoundly various harms, alleged or true, and act in favour of Poland," she added.