In Prague, Marshal of the Sejm Szymon Hołownia called for a return to appointing judges to the National Electoral Commission, while insisting that the method of selecting those judges must be reformed to safeguard independence from political influence.
The National Electoral Commission rejected the PiS committee’s financial report for the 2023 parliamentary elections, asserting irregularities in PiS campaign financing amounting to 3.6 million PLN. The commission proposed a 10 million PLN funding reduction for the party and warned that subsidies could be suspended for three years.
The commission cited activities at military picnics, a Ministry of Justice advertisement, and the participation of employees from the State Legislation Centre in campaign actions as grounds for its decision. PiS contesting the ruling announced plans to appeal in court. If the commission’s resolution stands, it could be brought before the Supreme Court for review.
“This is not political revenge.”
Hołownia argued that if unfair tactics, likened to steroid use in sport, were employed, consequences should follow, including penalties such as losing medals and disqualification. He suggested such a disqualification occurred yesterday.
He added that the outcome of the National Electoral Commission’s next steps remains uncertain, noting that the process is not driven by political vendettas but by the need to address the actions attributed to PiS.
According to Hołownia, PiS believed it would govern for a third term and escape accountability, but the Polish public’s demand for accountability reshaped that expectation and compelled accountability for past actions.
He further stated that the commission has performed its duty well and that this is an important part of the public process.
Judge of the National Electoral Commission
Hołownia suggested there might be a time to reconsider a judge-based National Electoral Commission, recalling that PiS previously transformed a judge-led body into one elected by parliament.
He emphasized that the commission relies on top experts who are professionals, not politicians, and that there has been no direct contact with the individuals reported to the commission. The aim is for experts to remain independent in their roles.
Hołownia added that the idea of appointing judges to the National Electoral Commission could be revisited so that unwise arguments like those voiced by Law and Justice could be avoided in the future.
“PiS is taking its toll today.”
He stressed that to achieve that reform, the method for appointing judges must ensure complete independence from political forces. He suggested that PiS is facing consequences for past actions and decisions that affected democratic processes.
There is a view that PiS is experiencing the end of attempts to spoil, politicize, and interfere with various aspects of democracy.
The Sejm Marshal noted that if there were no doubts about the status of the Extraordinary Chamber, there would be fewer questions about how this process could conclude for Law and Justice.
He observed that Finance Minister Andrzej Domański, once involved at the end of this system, should be able to express reasonable doubts about whether the Extraordinary Audit and Public Affairs Chamber functions as a court.
Complaint to the Supreme Court
A petition to the Supreme Court against the National Electoral Commission’s resolution can be filed by the commission’s financial representative within fourteen days after the decision is served. PiS plans to bring the matter before the Supreme Court’s Chamber of Extraordinary Control and Public Affairs, a body not universally recognized by international tribunals, which has raised concerns about how the decision will be treated. According to Jan Grabiec, head of the Prime Minister’s Chancellery, the resolution should stay in force until a final judicial determination is made, a decision considered legitimate beyond dispute.
Hołownia remarked that PiS bears responsibility for the current crisis as they orchestrated much of it, and the consequences must be faced.
The leader of Poland 2050 also expressed hope that following the presidential election in 2025, the state’s governance would be steered away from politicization and toward a more stable institutional framework.
Amendment of the Electoral Act
The Electoral Code reform implemented at the end of 2017 included the expiration of the National Electoral Commission’s term after the 2019 elections and changes in the appointment process for NEC members. Seven of the nine members are appointed by the Sejm, rather than by the Supreme Courts and the Constitutional Court as previously arranged.
Presently, the commission comprises a mix of judiciary members and appointed dignitaries: a judge from the Supreme Administrative Court, a judge from the Constitutional Court, and seven people appointed by the Sejm. Among the current appointees are Mirosław Suski and Arkadiusz Pikulik, named by PiS; Konrad Składowski and Ryszard Balicki, named by the Civic Coalition; Maciej Kliś, appointed by PSL; Paweł Gieras, named by Polska 2050; and Ryszard Kalisz, appointed by the Left.
The NEC also includes Sylwester Marciniak, a judge from the High Administrative Court serving as Chairman, and Wojciech Sych, a judge from the Constitutional Court, as Vice-Chairman.
Source notes and related items were removed for clarity and to focus on essential developments.
End of report.