Former Justice Minister Zbigniew Ziobro filed a announcement to the D.A. regarding Prime Minister Donald Tusk and another public officials. It concerns adding annotation to the ultimate Court resolution stating the validity of the election of Karol Nawrocki as president. According to the Law and Justice, the addition of a passage questioning the independency of the court constitutes a reworking of the paper described in the penal code. A akin announcement was besides made by I president of SN Małgorzata Manowska.
As transferred to the PiS club, a letter in this case was prepared by erstwhile Head of the Ministry of Justice and lawyer General Zbigniew Ziobro. The announcement went to the territory attorney's office and concerns, in addition to the head of government, another public officers.
The case concerns the ultimate Court resolution stating the validity of Nawrocki's election as president. The resolution of the first July was adopted by the current authorities of the Chamber of Extraordinary Control and Public Affairs, and was published in the authoritative diary of the Laws on 4 July.
Added fragment without legal basis
An endorsement was added to the published resolution saying, among another things, that the jurisprudence of the European Courts does not let for designation of the composition of the SN from this case as a "court established under the Act". The content of the announcement indicates that the text of the resolution published in the authoritative diary contains a passage which does not appear in the first on the ultimate Court website.
This is simply a comprehensive paragraph referring to the case law of the Court of Justice of the EU and the European Court of Human Rights questioning the independency of the National Judicial Council. The PiS Club has assessed that the amendment has no legal basis and constitutes a redraft of the paper described in the penal code.
No akin endorsement for earlier resolutions
The PiS Club stressed that according to the applicable law, the publication of judgments in the authoritative diary of the Laws can only be based on a paper certified for conformity with the original. The paper must bear the electronic signature of the authorised individual and a copy of that decision in paper form.
The Communicator emphasizes that a akin "complementation" was not published in the authoritative diary of the Laws erstwhile the earlier ultimate Court resolution of 11 January 2024 was published. It afraid the validity of parliamentary elections, even though it was issued by the same chamber and the same court ruling.
SN resolutions are unappealable
The PiS club's communication added that the resolutions of the SN on the validity of elections are public-law papers and are not contested. They may not be completed freely and any changes to their content may only be made within the procedures provided for in the Act.
The reported suspicion concerns an authoritative offence and the forgery of the paper and is essential for the stableness of constitutional order and the protection of the legality of the electoral process in Poland. On adding annotation to the resolution of the SN, the announcement was besides submitted by the 1st president of the SN Małgorzata Manowska.
Government defends adding annotation
On Thursday, government spokesperson Adam Sztrapka referred to the information about the submission of the announcement by the First president of the SN to the prosecution. He stressed that the annotation added to the resolution of the SN had been in operation for more than six months, since the resolution of the Council of Ministers and "did not come from the air".
There are judgments of the European courts that question the Chamber of Extraordinary Control and Public Affairs - said Szpiek. The December 2024 government resolution states that the state of the judiciary requires systemic resolution and corrective action.
The resolution on the validity of Nawrocki's election as president was adopted on July 1st in the composition of the full home of Extraordinary Control and Public Affairs. Around 54,000 of the electoral protests raised did not increase the weight of the charges, and no of the established shortcomings affected the overall result of the election.
(PAP) Note: This article was edited with Artificial Intelligence.
