The Supreme Court was criticized for delivering a ruling that seemed detached from the facts and the extraordinary circumstances of the pandemic. Marek Pęk, a senator from Law and Justice, expressed this concern on X, arguing that the cassation appeal related to postal elections was rejected by the Supreme Administrative Court in a way that undermines public trust in the state and could stall its institutions at critical moments in recent history.
Pęk emphasized that the Supreme Court’s decision does not fully engage with the core question of whether elections should have taken place in 2020.
The ruling in the case titled The Preparation of Envelope Elections states that the relevant decisions were unlawful but does not directly address the necessity of holding elections at all. In Pęk’s view, the analysis neglects the constitutional duties of state bodies. Even with the spring 2020 lockdown, public authorities, including the Prime Minister, were required by constitutional provisions to organize the presidential election at an appropriate time. No constitutional provision excludes this duty, particularly Article 228, Section 7.
– he wrote.
Judgment from 2023
Marek Pęk recalled the decision of the Warsaw Śródmieście District Court issued in November 2023.
The district court had ruled that there was no legal violation in this matter: preparatory activities related to elections conducted during the pandemic could not be considered harmful to the public interest. All preparatory actions described in the decisions tied to the elections were scrutinized. The court concluded that the powers of the National Electoral Commission, known as KBW, were not withdrawn. If the state authorities failed to act to ensure the safety of presidential elections during the pandemic, criticisms of their duties would naturally surface in public discourse.
– he stated.
The senator further argued that the Supreme Court’s decision for the Administrative Court could lead to paralysis of state organs in the future.
In summary, the Supreme Court’s ruling was viewed as ignoring the facts and the unprecedented context of the pandemic. This, according to Pęk, undermines confidence in the state and risks freezing the actions of its organs during future crises.
– he concluded.
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Source: wPolityce