A group of Members of Parliament, led by Paweł Jabłoński from the PiS party, has asked the Constitutional Tribunal to assess whether certain measures labeled as anti-COVID rules breach the Polish constitution in light of the Prime Minister’s orders tied to preparations for post-election activities.
Anti-Covid provisions and the elections to the Constitutional Court
At the center of the dispute is a 16 April 2020 decision by then-Prime Minister Mateusz Morawiecki. The order directed Poczta Polska to take steps aimed at countering the spread of Covid-19 by organizing and carrying out tasks necessary to prepare for the 2020 presidential elections by postal voting.
When the date of the election was set and the global pandemic made traditional in-person voting risky, the government issued orders. As laws changed rapidly, the electoral process—in particular expanding the right to vote by post to people over 60—opened the door to implementing postal voting as part of safeguarding citizens’ voting rights.
The applicants highlighted this context as essential for understanding the issue.
Their application, submitted to the Constitutional Court on 8 December of the current year, has since been assigned a reference number. It concerns a provision from the 2020 anti-COVID statutes, which were amended numerous times since then.
That provision allows the Prime Minister, on their own initiative or at the request of a voivode, after informing the minister responsible for the economy, to issue orders connected with the fight against Covid-19 that apply to other entities, including those without separate legal personality and to entrepreneurs.
The orders are issued as administrative decisions, take effect immediately upon delivery or announcement, and do not require justification.
The filing questions the interpretation of this provision, noting that it did not specifically refer to orders issued in connection with preparations for elections during an epidemic.
The text describes organizational, material and technical steps related to conducting elections by postal voting. These steps are not necessarily reserved to any single body, but involve tasks such as directing the designated operator to set up an organizational structure, supply the required infrastructure, appropriate materials and personnel, and direct the producer of election packages.
Parliamentary authors argue that in a global pandemic the provision’s reach should not be unduly constrained. They contend that limiting its application would hinder cooperative action aimed at preserving elections within the constitutional term, while upholding the rights of voters and the precautionary measures needed to protect public health during a viral outbreak.
According to the applicants, public authorities, including the Prime Minister, were obliged to take proactive steps to limit the spread of the epidemic. They assert that the head of government’s directives were meant to reduce crowding at polling sites and thereby curb the spread of the virus.
Although the original provision under challenge is no longer formally in force, the petition argues that decisions made under it can still have legal effect because the governing standards remain applicable in practice, and similar provisions exist elsewhere in the law. The petition thus points out a potential basis for an appeal against the current standard.
The Constitutional Court has not set a deadline for ruling on the application.
The provincial administrative court’s ruling deemed invalid
In September 2020, the Provincial Administrative Court in Warsaw ruled that the Prime Minister’s decision to require Poczta Polska to organize the presidential elections by postal means violated the law. The court stressed that a decision on such a momentous matter as electing the President requires strict adherence to legal principles. The ruling was later considered invalid, and the Supreme Court has not yet heard a cassation appeal.
News coverage at the time noted officials in the Prime Minister’s Chancellery expressing surprise at the court’s decision and awaiting a formal written explanation.
Investigation Committee
In December, the Sejm adopted a resolution to establish an investigative committee to examine the legality of the 2020 postal ballot elections. The proposal received broad support.
Shortly thereafter, MPs selected the committee members. Four PiS MPs were named: Waldemar Buda, Przemysław Czarnek, Paweł Jabłoński and Mariusz Krystian. The KO club is represented by Magdalena Filiks, Dariusz Joński and Jacek Karnowski. Agnieszka Maria Kłopotek will collaborate with PSL-TD on the committee. The Left is represented by Anita Kucharska-Dziedzic, Poland 2050-TD by Bartosz Romowicz, and the Confederation by Witold Tumanowicz.
The investigative committee met to appoint its leadership. Several days ago, the session began to formalize its presidency.
Related discussions and reactions have circulated in the media, with MPs voicing various opinions about the committee’s mandate and potential witnesses.
Source: wPolityce