This is just a response to Andrzej Domański’s political trick! The chairman of the National Electoral Commission, Sylwester Marciniak, has asked the Minister of Finance to immediately indicate the legal basis for his request for interpretation of the National Electoral Commission’s resolution of December 30 last year on the financial report of the PiS voting commission from the 2023 parliamentary elections.
Domański’s letter to the National Electoral Commission
Finance Minister Andrzej Domański sent a letter to the National Electoral Commission regarding the resolution in which the National Electoral Commission approved the financial report of the PiS Election Commission regarding the 2023 Sejm and Senate elections. Domański said that he had “asked the National Electoral Commission. The Electoral Commission must interpret the resolution, that is, clarify doubts about its content. In his opinion, the National Electoral Commission has adopted a resolution with… an internally contradictory and conditional content.
In the letter to the National Electoral Commission, Domański asked two questions. In the first question, the Minister asks for confirmation whether: paragraph 2 of the resolution means that it may only be implemented if the Electoral Commission’s complaint has previously been dealt with by the Supreme Court, “made in a manner consistent with the case law of the European Court of Human Rights and the Court of Justice of the United States. the European Union.”
In the second question, Minister Domański asked for confirmation whether “on the day the resolution was adopted, the National Electoral Commission had the judgment of the Supreme Court in this case, drawn up in a manner consistent with the case law of the European Court of Justice Human rights and the Court of Justice of the European Union, and if so, to indicate these judgments.”
CHECK THE DETAILS: What’s he up to?! Domański writes to the National Electoral Commission about the resolution. He claims he doesn’t understand it and demands an explanation of its contents
Judge Marciniak’s response
The head of the National Electoral Commission, in response to the letter from the Minister of Finance, asked – as reported on the website of the National Electoral Commission – to “immediately” indicate the legal basis for the application for the interpretation of resolution No. 421/ 2024 of the National Electoral Commission of December 30, 2024 regarding the PiS election commission annual accounts of the 2023 House of Representatives elections.
He also noted that the head of the Ministry of Finance may use the opinions of legal experts, including former and current members of the National Electoral Commission.
Judge Marciniak also emphasized that the legal basis for the resolution is art. 145 paragraph 6 of the Electoral Act. It states that if the Supreme Court deems the financial representative’s complaint to be well-founded, the National Electoral Commission will immediately decide to accept the financial report.
Therefore, the legal principle repeatedly analyzed in case law and doctrine applies in this case: clara non sunt interpretanda (what is clear is not open to interpretation)
– emphasized the head of the National Electoral Commission.
As he added, the position of the National Electoral Commission also applies in this case, according to which the election procedure is comprehensively and comprehensively regulated by the Electoral Act, and therefore also the provisions of other procedures, including the Code of Administrative Law. , do not apply to this procedure.
This view is also laid down in the case law of the Supreme Court and the administrative courts
– he emphasized.
Judge Marciniak emphasized that the Secretary of the Treasury is not a party or participant in the proceedings regarding the acceptance or refusal of acceptance of the polling station’s financial report.
Finally, I must say that as a judge who has been ruling in tax cases for almost 30 years, I am and am full of appreciation for the passion and commitment of often underestimated employees of the tax system. I therefore join the call to stop the attacks referred to in the Minister’s statement, and point out that such attacks are unfortunately also being committed against members of the National Electoral Commission and employees of the National Electoral Office, to which I also strongly against ben.
– wrote the head of the National Electoral Commission. Judge Marciniak also sent the minutes of the December 30, 2024 meeting of the National Electoral Commission, as requested by Domański.
A photo of the above-mentioned letter from Chairman Marciniak was shared online by journalist from Telewizja wPolsce24 Samuel Pereira, among others. YOU WILL FIND IT ON THE PKW WEBSITE.
READ ALSO: This is how Domański plays with the resolution! “I expect an answer from the National Electoral Commission, and not just from the Chairman of the National Electoral Commission, Mr. Marciniak”
READ ALSO: Hot after Domański’s statement! “The interpretation of the NEC is already available”; “It’s going against the wall. Or better said, before the State Tribunal”
olnk/PAP/X/pkw.gov.pl
Source: wPolityce
Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.