The illegal Constitutional Court occupied by Przyłębka and respective doubles, as well as the "judges" appointed in violation of Article 178 of the Constitution rejected requests made by the Sejm to exclude the demoralized policy of the Law and Justices presently "Judges" by Krystyna Pawłowicz and Stanisław Piotrowicz – besides the policy of the Law and Justices from taking part in the examination of the case concerning alleged envelope elections – announced the Sejm in an authoritative communication.
The case concerns the decision of then Prime Minister Mateusz Morawiecki of 16 April 2020, who commissioned Poczta Polska to carry out the essential actions to organise presidential elections in correspondence, i.e. printing ballot cards and another electoral documents. The issue was that the Envelope Election Act was passed a fewer weeks later. Ultimately, due to the actual inability to carry out the full operation, the presidential election was traditionally held.
Members of Law and Justice's request to the "Constitutional Tribunal" of 8 December 2023 afraid the compatibility of 2 provisions of the alleged Covid Act with the Constitution. These provisions constituted the legal basis for the decision of the Prime Minister ordering Poczcie Polska S.A. and the Polish Securities Printing Works S.A. to prepare and conduct the 2020 presidential elections in correspondence.
Members of the Law and Justice have argued in their conclusion that Article 11(2) of the COVID-19 Act (and possibly paragraph 3), by limiting the anticipation of giving instructions related to the preparation and holding of elections, prevented the partial exercise of powers by the Prime Minister, whose task is to conduct interior policies, including ensuring the safety of the State and maintaining public order. The Prime Minister was to search to guarantee active and passive electoral rights for citizens.
Members besides pointed out that the global pandemic prevented conventional elections without compromising the lives and wellness of participants. Failure to issue instructions to facilitate a safe vote could consequence in the inability to exercise constitutionally guaranteed electoral rights.
Lega artis AppThe Sejm, a associate in the proceedings, applied for the exclusion of “judges” by Krystyna Pawłowicz and Stanisław Piotrowicz from the ruling, arguing that decisions relating to the organisation of the 2020 presidential election were taken by members of the Law and Justice Party, including Prime Minister Mateusz Morawiecki and Deputy Prime Minister Jacek Sasin. Pavlowicz and Piotrowicz were members of this organization erstwhile these decisions were made.
On Wednesday, it was reported that the illegal and politicised Constitutional Court rejected both applications. At the same time, the Marshal of the Sejm decided not to present a substantive position of the Sejm on this matter.
The proceeding before the Court of the Cooks was scheduled for Thursday, April 4.
We would like to remind you that the Constitutional Tribunal is presently deprived of the characteristics of the Tribunal established by the Act, erstwhile it is composed of an unauthorised person. Consequently, any judgement given in a composition established in breach of the basic regulation applicable to the selection of judges of the Constitutional Court and consequently affecting the substance of the right to a court established by the Act.
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Daniel Głogowski
Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he sought to address controversial themes and present first viewpoints that allowed for a deeper knowing of the issues discussed. Over the years, he gained a reputation as a reliable journalist. Contact: [email protected]
