The conflict of the March of independency is underway! We present the facts of the dispute

This is the chronology of events:

Wednesday (31 January 2024) - the voivode issued a negative decision on the cyclical position of the independency March;

Thursday (1 February 2024) - the Association has lodged an appeal with the territory Court;

Friday (2 February 2024) - the territory Court overturned the decision of the Mazovia Province;

Saturday (3 February 2024) - the Mazowieckie Voivodeship filed a complaint against the decision of the territory Court;

Sunday (4 February 2024) - the Court of Appeal repealed the order of the territory Court and sent it for re-examination;

Tuesday (6 February 2024) - the territory Court has again overturned the decision of the Mazowieckie Province;

Wednesday (7 February 2024) - the Provincial of Mazowiecki one more time filed a complaint against the decision of the territory Court;

Thursday (8 February 2024) "The Court of Appeal repealed the decision of the territory Court and retained the decision of the Mazovia state in force.

In order to full realize the dispute between the Association of independency March and the Mazowieckie Voivodeship, it is essential to return to 2021. On October 25, 2021, the independency March Association received the approval of the Mazowieckie Voivodeship to hold cyclical meetings between 2021 and 1923. On 26 October 2021, the president of Warsaw lodged an appeal against this decision. Subsequently, the territory Court decided on 27 October 2021, and the Court of Appeal by decision of 29 October 2021, repealed the decision of the Voivoda taking into account the appeal of the president of Warsaw. However, by order of 20 October 2022, the ultimate Court repealed both provisions and restored the Provincial decision of 25 October 2021. In particular, it should be noted that the ultimate Court indicated that the president of Warsaw had no legitimacy to lodge an appeal against the decision of the Mazowieckie Province. However, the fact is that as a consequence of the repeal of the decision of the Mazowieckie state of 25 October 2021, On 11 November 2021, at the beginning of the independency March, formal celebrations could be organised by the Office for Combatants and Represented Persons. These celebrations consisted primarily of the laying of flowers in the “Sacred Passionate Blood of Poles Fighting for Freedom” at Al. Jerozolimskie 37 and before the bust of Ignacy Jan Paderewski at the entrance to Skaryszewski Park. Regardless of the above, as all year, the independency March was besides held, whose way ran precisely as in erstwhile years as well as later years. The march began on the Dmowski Roundabout, representatives of the independency March Association, which was the organizer of the assembly, and volunteers of the Association organized as part of the independency March defender secured the assembly. The independency March passed precisely the same way as it has been going on since 2014, and besides incurred all the costs of organizing the event, which amounted to about PLN 200 thousand. The fact that the independency March Association was the organizer of the independency March in 2021 was besides noted by commentators of the event – journalists, journalists and politicians, including in peculiar the president of Warsaw Rafał Trzaskowski.

The origin of the Voivod is outraged. In the course of the investigation, carried out before the decision to refuse of 31 January 2024, The voivode requested the opinion of the president of Warsaw and the Police. Both parties indicated that they felt that the independency March in 2021 was not organized by the Association and that the Office for Combatants and Represented Persons was not organized by the Association. This is crucial due to Article 26a of the Convention Law, according to which the organiser of the assembly may apply for the position of cyclicality, "if the meetings are organised by the same organiser at the same place or on the same way at least 4 times a year according to the established timetable or at least erstwhile a year during the days of national and national holidays, and specified events have taken place in the last 3 years, even though not in the form of assemblies and aimed, in particular, at celebrating crucial and crucial events applicable to the past of the Republic of Poland."

The opposition by the president of Warsaw and by the Association Police as the organizer of the independency March in 2021 gave space for the negative decision of the Province. In the course of the investigation, the Association submitted a position covering nearly 300 pages, in which we argued that the independency March was organized in 2021. As an Association, we have asked the Office for Combatants and Represented Persons for an opinion on a gathering organised by the Office. The Office for the Combatants and Represented Persons replied that on 11 November 2021 it organised only patriotic celebrations, which consisted primarily of the laying of flowers on that day in the "Sacred Place of Martyr Blood of Poles Fighting for Freedom" at Al. Jerozolimskie 37 and before the bust of Ignacy Jan Paderewski at the entrance to Skaryszewski Park. It is clear from the above that the Office for Combatants and Represented Persons did not organise the independency March. The failure of the Mazovian Voivodeship to request an opinion from the Office for Combatants and Represented Persons in the course of administrative proceedings indicates that the state is guided by political prejudices.

As a consequence of the actions of the president of Warsaw - Rafał Trzaskowski and the courts of 2021. The association is now facing legal problems projecting on the organisation of future independency Marches. The facts of the proceedings under way and the complex legal situation in which the Association found itself were correctly assessed by the territory Court in its message to the order of 6 February 2024: "...The State, acting through the Mazowieckie Voivodeship, granted the Association by decision of 25.10.2021 (another specified decision) the right to organise the cyclical march "March of Independence". Subsequently, the same State, through the rulings of the general courts, found that the decision was incorrect and eliminated it from legal trading, so that the complainant could not exercise his right to organise the march in 2021. After which, as a consequence of the order of the ultimate Court of 22.10.2022 repealing the ruling of the Universal Courts, the State stated that the Association had, in fact, the right conferred upon it by the abovementioned decision of 2021, but could not benefit from it as a consequence of the actions of the State empire. And at this stage, the same State continues to point out to the Association that, in fact, as a consequence of its own action, the organization who has taken the right, The association cannot effectively apply for the same right for a further period. In this spirit, the Voivode interprets Article 26a(1) of the PoZ with the exception of the factual and legal situation in which the Association was found to have taken place as a consequence of a number of decisions resulting from the State empire, claiming that these circumstances do not should be taken into account in any way in the explanation of the provisions of Article 26a(1) of the PoZ or in any way examined in the course of administrative proceedings relating to the adoption of decisions on the approval of cyclical marches."

The Court of Appeal found the circumstances which the territory Court saw irrelevant. He repealed the decision of the territory Court and retained the decision of the Mazovia state in force. In a scandalous justification for this provision, the Court of Appeal made an overall, critical assessment of the institution of the cyclical assembly. He thus entered the powers of the Constitutional Court, which he should not have done. Moreover, the Court of First Instance referred to 2 another provisions of the Court of Appeal in Warsaw: 29 October 2021 and 27 July 2022. Both of these provisions were repealed by the ultimate Court, as I wrote to you at the beginning of the news, giving an overview of the context of the dispute. On the basis of the order of the Court of Appeal: ‘Unquestionably, the granting of approvals for the holding of cyclical meetings, which were privileged to others by the law in accordance with Article 14(3) of the Act, is in fact a circumstantial but far-reaching derogation from the rule of Article 57 of the Polish Constitution on freedom of assembly. It does not let another organizations at the same time and place to organise another than cyclical meetings within the meaning of the Act. Thus, obtaining specified consent by 1 organization alone, in fact treated preferentially, deprives all another organizations, operating in various areas of the full community and in all sectors and forms of social activity."

It besides bulges the 24-hour procedure utilized in the proceedings. It is rational as long as there is small time left until the planned public assembly. However, there are 10 months left until the independency March, so this procedure must rise objections. All the more so, since the Provincial Mazowieckie had 24 hours to file a complaint, the Court of Appeals for consequence to the complaint only gave the Association little than 3 hours on 3 February 2024 and little than 2 hours on 7 February 2024. This has made it importantly hard to present its reasons fully, but above all, it makes it more clear that the parties are equal.

Ladies and gentlemen, the decision of the state may inactive be amended. Pursuant to Article 154(1) of the Code of Administrative Procedure, a final decision whereby no organization has acquired a right may at any time be repealed or amended by the public administration authority which issued it, if the social interest or the legitimate interest of the organization so warrants. That's why we don't lay down our weapons! We are inactive collecting signatures under protest to the Mazowieckie Province. We face political prejudice and bias of authorities, including courts. The course we've been through this past week has been hard for us, at times exhausting. All the more reason for your support, your signatures, your prayers, and if you can, besides your financial support. I encourage you to share the protest with your loved ones, friends and friends. Let it scope the widest possible crowd.

Independence March Association