Without delay, the National Electoral Commission (PKW) adopted a resolution following the decision of the Extraordinary Control and Public Affairs Chamber of the Supreme Court. This time, there was no prolonged debate over the legitimacy of the judges sitting in the chamber. “Unless, of course, it concerns subsidies for Law and Justice — then the Chamber magically ceases to be a court,” scoffs constitutional law expert Oskar Kida.
On Wednesday, the Supreme Court’s Extraordinary Control and Public Affairs Chamber partially upheld complaints filed by presidential candidates Karol Nawrocki and Marek Jakubiak. These complaints challenged certain guidelines issued by the PKW regarding the conduct of the upcoming presidential election.
Based on the Supreme Court’s decision, the PKW on Thursday issued a resolution implementing several changes to the aforementioned guidelines. By doing so, the Commission acknowledged the authority of the Supreme Court Chamber, implicitly recognizing it as a court — a stance it had previously avoided.
“All of a sudden, the Extraordinary Control and Public Affairs Chamber of the Supreme Court is a court, and its rulings must be enforced,” Oskar Kida commented on X.
He went on to highlight inconsistencies among some PKW members:
“Unless, of course, it’s about subsidies for Law and Justice — then the Chamber magically stops being a court, and its rulings can’t be enforced.”
“To call it hypocrisy is to say nothing at all,” he concluded in his post.
Presidential Elections: PKW Changes the Rules Mid-Game
The controversy centers on a PKW-issued “instruction” outlining procedures for the May presidential election.
The Commission accepted complaints regarding, for example, the eligibility of election observers based solely on a scanned certificate, and the validity of casting a vote using the mObywatel app. However, it dismissed other concerns — notably, voters will still be allowed to vote after 9 p.m. as long as they arrive at the polling station before that time.
On Monday, the PKW also decided that in its letter to Finance Minister Andrzej Domański regarding party subsidies for 2025, it would include an amount for Law and Justice reduced by PLN 11 million. This year, the party is set to receive a budgetary subsidy of PLN 15 million.