The Provincial Administrative Court in Warsaw rejected the complaint of PiS against the inaction of the Minister of Finance. Domański has not paid this organization more than PLN 10 million for months as part of the reimbursement of run costs before the parliamentary elections in 2023," Onet stated on Friday.
"Let us remind, in August last year, the National Election Commission rejected the study of the Law and Justice Election Committee for the parliamentary election in 2023. PKW considered that the committee had broken the electoral code, which ordered the rejection of the accounts if the funds collected, adopted or spent in violation of the rules exceed 1% of all the Committee's resources" - reads the website.
Onet stressed that PKW challenged PLN 3.6 million of PiS spending during the campaign, which the organization had to pay back later under the Commission's decision. "In addition, the entity grant for this group (the alleged run return) of PLN 38 million was cut by PLN 10.8 million (three times the amount contested)" - the portal emphasized.
The Law and Justice appealed to the home of Extraordinary Control and Public Affairs of the ultimate Court, which in December 2024 considered the complaint to be justified. However, the home is not recognised as a legal court by European tribunals, among others. PKW adopted the study of the Law and Justice Committee on 30 December, while in the resolution it indicated that it was taken "only as a consequence of the consideration of the complaint by the home of Extraordinary Control and Public Affairs of the ultimate Court and is immanently and straight linked to the ruling which must come from a body that is simply a court within the meaning of the Constitution of Poland and the Electoral Code". "PKW does not prejudge the fact that IKNiSP SN is simply a court within the meaning of the Constitution and does not prejudge the effectiveness of the ruling" — PKW then transmitted.
As Onet pointed out, Finance Minister Andrzej Domański has inactive not paid PLN 10.8 million, based on this part of the resolution which undermines the position of the House. "PiS so filed a complaint about the minister's inaction. As Onet learned, on 4 June the Provincial Administrative Court in Warsaw rejected it" - the portal stated.
"It must be clearly stated by the Court that the position of the Chamber of Extraordinary Control and Public Affairs of the ultimate Court is flawed. This Chamber was entirely filled with persons appointed on the basis of the proposal of the National Judicial Council(...)" - it was written in the justification of the decision of the WSA, which was cited by Onet.
Furthermore, the judges who ruled on the PiS complaint stressed that - on the basis of established ECHR and TEU case law - the National Judicial Council "is deprived of the required independency from the legislative and executive authority". "This assessment of the independency of the KRS is due to a extremist change in the way and circumstances of the election of 15 judges of the KRS members and further consequences of subjecting this body to the influence of political power" - the WSA indicated in Warsaw.
Furthermore, the judges noted that IKNiSP SN "does not belong to the judicial strategy of a associate State of the European Union". "The allegations of the complaint relating to the failure of the Minister of Finance to pay the missing amount of the entity grant to the Complainant [PiS party] should so be regarded as unfounded" - stressed in the justification of the decision which Onet cited.
The portal stressed that the decision of the WSA in Warsaw is not valid and the Law and Justice Office can appeal to the ultimate Administrative Court. (PAP)
