The entire composition of the "proper council" of the Supreme Court will be resolved by the election of the President, the Sejm, the Senate and the European Parliament, as well as the validity of a national parliamentary referendum – an amendment to the Election Law, adopted by the Sejm on Wednesday evening.
/Piotr Molecki /East News
244 MPs voted in favor of the amendment, 167 opposed, and four abstentions.
Earlier, the Sejm accepted the request for immediate access to the third reading; however, PO-KO's request to reject the project was denied in its entirety. The novella will now go to further work in the Senate.
Tomasz Szymański (PO-KO) said before the vote that his club had filed a motion to reject the project in its entirety, "so that the High House would not have to break the law." "This project is absolutely illegal, it violates all the standards of the constitution. First of all, you violate the legislative silence to which you are bound by the judgment of the Constitutional Court," the MP stressed. As he emphasized, according to this judgment, significant changes to the electoral law cannot be made later than six months before the election begins.
"In addition, you want to decide the election results of the Supreme Court's unconstitutional Supreme Audit and Public Affairs Chamber. The chamber cannot function in legal order in Poland because it has been elected by the illegal KRS and has no right to decide the validity of elections in Poland. This house is illegal. this project is illegal. You have no right to vote on this project, "Szymański said.
In accordance with the amendments to the Election Law adopted by the Seimas regarding the validity of the election of the President, the elections to the Seimas, the Senate and the European Parliament will dissolve the entire composition of the "relevant council" of the Supreme Court. The validity of a nationwide referendum will also be decided by the entire composition of the "relevant council" of the Supreme Court.
The amendment also stipulates that the provisions of the amended Election Law, ie that the competent Supreme Court panel will consider the matter, apply to the determination of the validity of elections to the European Parliament not completed before the amendment enters into force. The amended Act shall enter into force on the day following its publication.
An amendment which provides that the validity of the election of the President, the Sejm, the Senate and the European Parliament will be resolved by the entire composition of the "relevant council" of the Supreme Court introduced in the draft while working in a special committee. The original draft amendment to the PiS Election Law stated that the Supreme Court would decide on the validity of the election throughout the Chamber for Extraordinary Controls and Public Relations. Also introduced, among other amendments, to amend the statewide referendum law, assuming that the entire composition of the "relevant council" of the Supreme Court will decide the validity of the referendum.
Currently, the Election Code says that the Supreme Court will decide the validity of the election to the Sejm and the validity of the election of the member against whom the protest was filed. According to the Election Code, this provision also applies to elections to the European Parliament, and the provisions indicate that it also applies to elections to the Senate. The explanatory note to the proposed amendment states that currently the composition of the Supreme Court is not determined by this provision of the Election Law, therefore the Supreme Court should do so within the composition of three judges, because in accordance with the law on the Supreme Court, this court decides in the composition of three judges, unless not otherwise specified.
Currently, the Electoral Code also states that the Supreme Court, throughout the Labor, Social Security and Public Affairs Chamber, determines the validity of the election of a president.
The Supreme Court Act, which came into force on April 3, 2018, introduced, among other things, two new SN chambers – disciplinary and extraordinary and public affairs. Among the competences of the Extraordinary Chamber of Control and Public Affairs, among others are the recognition of electoral protests and protests against the validity of a national referendum and a constitutional referendum and confirmation of the validity of elections and referendums.