The Supreme Court, composed of the full Chamber of Extraordinary Control and Public Affairs, today recognized the validity of the June elections to the European Parliament. Adam Bodnar boycotted the session of the chamber, whose legality he questions. In a special letter to the Supreme Court, he refused to participate in the meeting and did not present the position of the Attorney General. He referred to the decisions of European tribunals, which state that the Court of Auditors of the Supreme Court is not an “independent and impartial” court.
The announcement of the National Electoral Commission on the results of this year’s elections for members of the European Parliament was published in the Journal of Laws on 10 June this year. in the afternoon. During the meeting of the Supreme Court on Tuesday, the chairman of the National Electoral Commission, Sylwester Marciniak, requested recognition of the validity of the elections to the European Parliament held on 9 June this year.
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The representative of the Attorney General was absent. The PG did not take a position on this either. In the letter to the Supreme Court, he referred to the decisions of European tribunals regarding the Chamber of Extraordinary Control and judges of this Chamber selected in proceedings by the National Council of the Judiciary after changes introduced by the PiS government in 2017.
In connection with the notice sent for scheduling a meeting of the plenary Chamber for Extraordinary Control and Public Affairs of the Supreme Court on 3 September 2024 in the case with reference number I NSW 44/24 concerning the validity of the elections to the Members of the European Parliament held on 9 June 2024. I kindly inform you that in light of the judgments of the Court of Justice of the European Union of 21 December 2023, ref. no. C-718/21 and the judgment of the European Court of Human Rights of 23 November 2023 in case no. 50849/21 Wałęsa v. Poland, The Attorney General will not put forward his position and will not participate in the above-mentioned meeting. It should be added that two judges of this Chamber, referring to the above-mentioned judgments, have suspended the proceedings in the cases of electoral protests which they were considering concerning the election of members of the European Parliament. Earlier, on March 20, 2024, three judges refused to participate in the Chamber’s proceedings until legislative changes were made
– wrote to the Supreme Court on behalf of Attorney General Adam Bodnar and Prosecutor Jacek Bilewicz.
Of the seventeen judges of the Chamber of Extraordinary Control and Public Affairs who recognised the validity of the elections to the European Parliament, only two expressed a dissenting opinion. They were judges Leszek Bosek and Grzegorz Żmij. They were among those he referred to in his letter to the Supreme Court. Bodnar stated that he did not intend to take part in the Chamber meeting.
Judges: Leszek Bosek and Grzegorz Żmij do not intend to give a ruling until the judgments of the Court of Justice of the EU and the European Court of Human Rights, which do not recognise the legality of the functioning of the Chamber of Extraordinary Control and Public Affairs of the European Union, the Supreme Court, are implemented.
““Political nihilists”
The issue was commented on website X by Stanisław Żaryn, Advisor to the President of the Republic of Poland.
According to the current ruling coalition, the Supreme Court’s Chamber of Extraordinary Control and Public Affairs is legal when it makes decisions that are favorable to the government, and illegal when the government disagrees with its decisions. We’ll see about that later.
Political nihilism.
– he wrote.
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koala/PAP
Source: wPolityce