The Supreme Court, comprising the Chamber of Extraordinary Control and Public Affairs, acknowledged the validity of the European Parliament elections held earlier this year. Adam Bodnar boycotted the chamber’s session, choosing not to participate and not presenting the Attorney General’s position. He cited European court decisions that question whether the Court of Auditors within the Supreme Court operates as an independent and impartial body.
The National Electoral Commission had announced the results of this year’s European Parliament elections, which were published in the Journal of Laws on 10 June. During Tuesday’s meeting, the chamber chair called for a formal recognition of the June 9 elections’ validity and the commission’s confirmation of results was requested.
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The Attorney General’s representative did not attend, and no position was offered by the office. In a letter to the Supreme Court, the AG referenced European judgments concerning the Chamber of Extraordinary Control and the judges selected for this chamber after changes pushed through by the government in 2017.
In connection with the scheduled plenary meeting of the Chamber for Extraordinary Control and Public Affairs on 3 September 2024, in case file I NSW 44/24 relating to the validity of the 9 June 2024 European Parliament elections, the AG informed that, in light of judgments from the Court of Justice of the European Union dated 21 December 2023 and the European Court of Human Rights dated 23 November 2023, he would not present a position or participate. It was noted that two judges in this Chamber, citing those judgments, had already paused electoral protest proceedings related to the European Parliament elections. Earlier, on 20 March 2024, three judges had refused to participate until legislative changes were enacted.
– the statement was written on behalf of the Attorney General and Prosecutor Jacek Bilewicz to the Supreme Court.
Among the seventeen judges of the Chamber, two issued a dissenting opinion. They were Leszek Bosek and Grzegorz Żmij, and they were referenced in the Attorney General’s letter. Bodnar stated his intention not to take part in the Chamber’s meeting.
Judges Bosek and Żmij indicated they would not rule until the judgments of the Court of Justice of the EU and the European Court of Human Rights, which question the legality of the Chamber’s functioning and of the Supreme Court, are fully implemented.
“Political nihilists”
The topic drew commentary on the social media platform X from Stanisław Żaryn, an adviser to the President of Poland.
According to the ruling coalition, the Supreme Court’s Chamber of Extraordinary Control and Public Affairs is lawful when it issues rulings favorable to the government, and unlawful when it disagrees with the administration. The discussion continues to unfold as events develop.
Political nihilism.
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