PKW president justice Sylwester Marciniak replied to Finance Minister Andrzej Domanski. He asked him to indicate the legal basis of his motion to interpret the resolution. He pointed out that "there is simply a paraemia in this case: What is clear is not to be interpreted". Donald Tusk in turn stated that "if anything contains legal doubt, it cannot be the basis for the withdrawal of money".
Head of the State Election Commission Sylwester Marciniak asked Minister of Finance Andrzej Domański to indicate immediately the legal basis of his request for explanation of the resolution of the Polish Parliament of 30 December 2011 regarding the financial statements of the PiS election committee from the 2023 parliamentary elections.
Finance Minister Andrzej Domanski sent a letter to PKW on a resolution in which PKW approved the financial study of the PiS electoral committee, concerning the 2023 elections to the Sejm and the legislature Domański reported that he "required the PCW to interpret the resolution, that is, to clarify doubts about its content".
In his opinion, the PKW adopted a resolution on the content internally contradictory and conditional. As he added, the objections concerning the clarity of the resolution of the PCW are of a general nature, are published in the public debate by legal experts, including erstwhile and current members of the PCW.
Prime Minister Donald Tusk said on the resolution of the Polish National Police Office that "if anything contains in itself legal doubtThis can't be the basis for payment of public money".
PKW corresponds to the Minister of Finance. "What is clear is not interpreted"
Head of State Election Commission in consequence to a letter from the Minister of Finance he asked - as informed on Thursday on the PKW website - to ask for a "quick" indication of the legal basis of the request for the explanation of Resolution No 421/2024 of the State Election Commission of 30 December 2024 on the accounts of the PiS election committee from the 2023 parliamentary elections.
He noted that the head of the MF may take advantage of the opinion of legal experts, including erstwhile and current PKW members.
Mr Marciniak besides stressed that The legal basis for the PCW resolution of 30 December 2024 is Article 145, paragraph 6 of the Electoral Code. It provides that, if the ultimate Court finds the action of a financial typical to be justified, the State Election Commission shall immediately decide to accept the accounts. "The same in this case is applied repeatedly in case law and doctrine: clara non sunt interpretanda (What is clear is not interpreted)" - stressed Marciniak.
SEE: RPO on the Finance Minister's movement after the PKW decision: No competence
As he added, the position presented by the State Election Commission for years besides applies in this case, according to which electoral procedure has been comprehensively and comprehensively regulated in the Electoral Code, and so the provisions of another procedures, including the Code of Administrative Procedure, shall not apply in this procedure. "This view is besides established in the case law of the ultimate Court and administrative courts" - he emphasised.
Marciniak noted that the Minister of Finance is neither a organization nor a associate in the procedure for accepting or refusing to accept the electoral committee's accounts.
"I yet gotta point out that As a justice ruling for nearly 30 years in taxation cases I was and am full of appreciation for passion and the engagement of frequently undervalued IRS employees. Therefore, I join the call for the cessation of the attacks mentioned in the Minister's statement, indicating that specified attacks are unfortunately besides carried out on the members of the State Election Commission as well as on the staff of the National Election Office, which for my part I besides powerfully oppose" - wrote the head of PKW.
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