In Poland, there is simply a period of silence in the election, and unaware citizens steer by 2 main parties go to the polling stations believing that their vote will change something. Consequently, the Election Protection Movement (RW) launched peculiar hotlines to study possible irregularities in election procedures.
Did you see the irregularities? Work!
The ROW has published telephone numbers that you can call if you announcement violations during the vote. The hotlines are active from 9:00 a.m. and from 14:00 a.m. the line is besides moving at number 885 546 825. Full list of available numbers:
- 696 716 247
- 571 354 264
- 503 690 701
- 571 354 306
- 501 318 368
- 571 354 321
- 571 354 328

ROW controls the election process
The Election Protection Movement has announced extended monitoring activities. According to the organization’s website:
"It is planned that in each of the about 30 1000 regional electoral commissions in Poland there should be men of trust and members of the committee associated with the movement who will supervise the voting and counting of votes. This initiative aims to address possible electoral irregularities and to strengthen citizens' assurance in the democratic process."
The ROW cooperates with another social organisations, forming a coalition for electoral integrity.
Electoral silence – what is forbidden?
During the silence of elections, there is no agitation for candidates. Not permitted:
- posting posters,
- distribution of leaflets,
- organising electoral meetings,
- publishing the polls (a punishment from 500 1000 to PLN 1 million).
The ban besides applies to the net and to the polling premises. A fine from 50 PLN to 5 1000 PLN.
Today's second circular of alleged presidential elections can lead Poland into a serious constitutional crisis. Pursuant to Article 129(1) of the Constitution of Poland, the validity of the election of the president of the Republic states the ultimate Court. Currently, this work is fulfilled by the Chamber of Extraordinary Control and Public Affairs of the ultimate Court. However, in the light of the case law of the Court of Justice of the European Union (TEU) and the European Court of Human Rights (ECHR), serious doubts arise as to the legality and independency of this House.
Doubts as to the legality of the Extraordinary Control Chamber
In its judgement of 19 November 2019 in Joined Cases C-585/18, C-624/18 and C-625/18, The CJEU pointed out that the way in which judges were appointed to the recently created ultimate Court chambers, including the Disciplinary Chamber, could violate the rule of the independency of courts. The Court stressed that the engagement of the National Judicial Council (NRA) in this process raises doubts as to its independency from the legislative and executive authority. Although the ruling afraid the Disciplinary Chamber, his thesis besides applied to the Extraordinary Control Chamber, whose judges were appointed in a akin way.
A akin position was taken by the ECHR in the judgement of 22 July 2021 in Reczkowicz v Poland (complaint No 43447/19), stating that the Disciplinary Board is not a court established by law within the meaning of Article 6(1) of the European Convention on Human Rights. The Court pointed to serious irregularities in the appointment of judges to this House, which violates the right to a fair trial. In the context of the ETPC nomination process, it confirmed that the KRS does not supply adequate guarantees of independency from the legislative and executive authority. erstwhile assessing irregularities in the establishment and casting of the Disciplinary Board, the ECHR decided that they would undermine the legitimacy of the home in a way that deprives it of the attributes of the court. The ECHR conclusions may besides be translated into the SN Extraordinary Control and Public Affairs Chamber and another judges appointed in the 2018 procedure(Right)
Constitutional consequences of the failure to find the validity of elections
Pursuant to Article 130 of the Constitution of the Republic of Poland, the president shall take office after oath to the National Assembly. However, this oath may be made only after the ultimate Court has established the validity of the choice. If this decision is given by a body whose legality is contested, this may lead to a situation where the fresh President's appointment is considered illegal.
Such a situation could lead to serious constitutional chaos and destabilisation of state bodies. In utmost cases, it can be utilized by policy makers to introduce extraordinary constitutional measures specified as emergency or even martial law (based on Articles 229 to 234 of the Constitution of the Republic of Poland), which poses a serious hazard to the legal order and democratic strategy of the state.
The request to improvement and reconstruct the regulation of law
In order to avoid specified a scenario, it is essential to take measures to reconstruct the independency of the judiciary in Poland. In particular, it should be ensured that the authorities liable for validating the elections are independent and legally established. Only in this way can it be guaranteed that the presidential elections will be held in a legal and constitutional manner, and their result will be widely accepted.
The threat material was created on the basis of a legal analysis prepared by Lega Artis, which reserves all copyrights for this publication.
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