Poland’s Supreme Court’s Chamber of Extraordinary Control and Public Affairs has upheld the complaint filed by Law and Justice (PiS) against the decision of the National Electoral Commission.
At the end of August, the National Electoral Commission rejected the financial report of the PiS electoral committee, citing a violation of the rules of conducting an election campaign. Some PLN 3.6 million (€840,000) worth of activities were questioned, including “election agitation” during two military picnics, carried out as part of the election campaign by people employed at the Government Legislation Centre, and an advertising spot for the Ministry of Justice, which was considered by the National Electoral Commission to encourage voting for PiS.
The party was ordered to return the contested PLN 3.6 million while its subsidy of PLN 38 million was to be reduced by PLN 10.8 million. The party would also have lost its annual party subsidy PLN 10.8 million until the end of the term, meaning a total hit to Law and Justice of PLN 57.6 million over four years.
A panel of seven judges had been appointed to adjudicate the PiS complaint, with the National Electoral Commission requesting that all of them be excluded due to concerns about their lack of impartiality and independence. This request was rejected on Wednesday.
PiS chairman Jarosław Kaczyński wrote in response to the Supreme Court ruling on X: “An important decision of the Supreme Court. The question remains whether the law will be broken again, and thus confirmation of the fact that the change of the system took place by force, and in Poland even the rudiments of law do not apply,” he added.
According to the Electoral Code, the Supreme Court’s ruling in this case is final. After the court accepts the complaint, the National Electoral Commission should immediately accept the financial report of the election committee, giving the green light to the Minister of Finance to pay the subsidy, writes Business Insider.
The current government under PM Donald Tusk has continuously and aggressively gone after the previous ruling party and its associates, with many saying its actions have been unconstitutional.
Tusk has been on a campaign of lawfare ever since taking office, with arrests including that of a priest who was only released after months of detainment and being barred from speaking to the press.
