On Monday, the National Electoral Commission (PKW) did not make a decision regarding the request from the Ministry of the Interior and Administration (MSWiA), which had called for the dismissal of as many as 44 judges from their roles as electoral commissioners. Concerns were raised by the head of the PKW, Sylwester Marciniak. The next meeting is scheduled for September 22.
“The Ministry of the Interior and Administration has asked the Chair of the PKW to dismiss judges from their roles as electoral commissioners, citing their active support for the appointment of judges to the neo-National Council of the Judiciary (neoKRS) and their involvement in the nomination process,” the Ministry said in a statement released Monday. It also emphasized that “the MSWiA expects an urgent decision on this matter.”
No Decision and Emerging Doubts
Monday also saw a meeting of the PKW. Members discussed the letter from the MSWiA but decided they could not reach a decision without further in-depth analysis. Chairman Sylwester Marciniak expressed doubts about the legitimacy of the ministry’s request.
“The provisions of the Electoral Code state that the Minister of the Interior submits a request for appointment, not dismissal. That’s the first point. As for dismissing electoral commissioners, the regulations are very clear. The Electoral Code stipulates that PKW appoints commissioners for a five-year term. A commissioner may only be dismissed for failure to perform or improper performance of duties,”
Marciniak emphasised.
He further asked, “Has the minister already suspended these judges, who serve as commissioners, from their judicial duties?”
Marciniak also pointed out that the MSWiA’s initiative could be in conflict with the “Code of Good Practice in Electoral Matters” of the Venice Commission, which states that “authorities responsible for appointing members of electoral commissions should not have the power to remove them at will, as this undermines trust in their independence.”
Marciniak noted that a collective resolution to dismiss commissioners is not permissible.
As outlined in subsequent paragraphs of Article 166 of the Electoral Code:
- An electoral commissioner may not belong to a political party or engage in public activity incompatible with the role. A person convicted by final judgment of an intentional crime prosecuted by public indictment or an intentional fiscal crime cannot serve as commissioner;
- Candidates in elections, electoral agents, financial agents, trusted representatives, election officials, or members of electoral commissions cannot serve as commissioners;
- The function of an electoral commissioner expires in cases of resignation, death, reaching the age of 70, agreeing to be nominated to an electoral commission, running in elections, or assuming the role of electoral agent, financial agent, trusted representative, or election official, or in case of dismissal;
- The National Electoral Commission (PKW) may dismiss a commissioner before the end of their term only for failure to perform or improper performance of duties;
- Commissioners are appointed by the PKW upon the request of the Minister of the Interior for a five-year term.