Commission stops short of approving opposition party's financial report

The National Electoral Commission (PKW) has failed to decide whether or not to approve the financial statement for 2023 submitted by the main opposition party, Law and Justice (PiS).

Photo PAP/Marcin Obara
Photo PAP/Marcin Obara

During its session on Monday, PKW debated the annual financial statement of PiS for 2023, which it initially rejected in November last year. PiS appealed against PKW's decision to the country's Supreme Court (SN). On January 21 this year, the court's Chamber of Extraordinary Control and Public Affairs upheld the party's complaint. According to the Polish Electoral Code, in such a case, PKW must immediately accept the contested financial statement.

However, neither a motion to approve PiS's financial statement for 2023 nor to defer making a decision until the status of SN's Chamber of Extraordinary Control and Public Affairs could be systemically resolved was accepted, as in both cases, the PKW vote was tied.

PKW also debated on a response to the letter it had received from Minister of Finance Andrzej Domanski regarding PKW's decision to accept PiS's financial report from the 2023 elections. 

In August last year, PKW rejected the report, citing the party's misuse of PLN 3.6 million (EUR 850,000) in its electoral campaign. After the SN upheld PiS's appeal against PKW's decision, the commission accepted the party's report, adding a vague disclaimer regarding its view of the Supreme Court unit's status.

In his letter, Domanski had asked PKW to clarify all legal doubts before the ministry could implement PKW's resolution and pay out a state subsidy to PiS that it was eligible to receive depending on the voter support it attracted during elections. 

PKW voted on three versions of that response, but none secured a majority of votes. Consequently, Marciniak announced that Domanski would receive all three drafts, together with the protocols from PKW's Monday and earlier sittings.

Furthermore, Marciniak announced that in a separate letter to the finance minister, he requested an update on financial payments to PiS in relation to PKW's approval of the party's financial report on the parliamentary elections of 2023. 

The legality of SN's Chamber of Extraordinary Control and Public Affairs has been contested by some Polish judicial circles, the current government and EU courts. They argue that the chamber's judges were appointed in a procedure that did not ensure their independence from politicians. (PAP)

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