This morning we saw the results of the alleged presidential election from 99% of the commission. According to the National Election Commission (PKW) data, the second circular is passed by Rafał Trzaskowski (KO) and Karol Nawrocki (PiS), and their results are highly similar.
Who was on the podium?
According to the latest data:
- Rafał Trzaskowski – 31.2%
- Karol Nawrocki – 29.7%
- Sławomir Mentzen (Confederation) – 14.9%
Just behind the podium, he was placed Grzegorz Braun (Koron) with consequence 6.4%, despite limited media presence. Simon Holovnia (Third Road), which was favored by mainstream, obtained 5%, minimally overtaking Adrian Zandberg (Together – 4.8%).
Late Poll vs. Exit Poll – Which results are more accurate?
O 2:40 pm published updated results Late poll IPSOS, which confirm the minimal simplification of the difference between Trzaskowski and Nawrock.
- Late poll takes into account the authoritative data from the committee, so its The mistake margin is only 0.5 percent points.
- Exit poll, carried out immediately after closing the premises, has a greater margin of mistake – 2-3 percent points
By exit pollTrzaskowski had 30.8%and Nawrocki 29.1%.
When are the full results?
The president of the PCW, Sylvester Marciniak, announced that authoritative results could be given Not until Monday.but not necessarily 10:00When the first conference was scheduled.
Electoral turnout
By Late poll IPSOSattendance was 66.8%, which means a large commitment of citizens to these elections.
In this case, it should be stressed that the presidential elections disagree importantly from the parliamentary elections, both in terms of procedure and legal effects. 1 of the key differences is the deficiency of a presumption of validity of presidential elections, which, unlike parliamentary elections, must be approved by the ultimate Court (Article 129(1) of the Constitution of the Republic of Poland).
In accordance with Article 129(1) of the Constitution of the Republic of Poland:
“The validity of the president of the Republic’s election is stated by the ultimate Court.”
This work is presently being exercised by the Chamber of Extraordinary Control and Public Affairs of the ultimate Court. In view of the case-law of the Court of Justice of the European Union (e.g. Case C-585/18, C-624/18 and C-625/18) and of the European Court of Human Rights (e.g. Case C-585/18), and of the European Court of Human Rights (e.g. Case C-585/18), Reczkowicz p. Poland, complaint No 43447/19), it is indicated that this Chamber does not meet the standards of an independent and impartial court established by the Act. It includes persons appointed with gross violations of the regulation of law and constitutional procedures, including the engagement of a body called "neo-KRS", whose legality has been undermined by many judgments of national and global courts.
Therefore, regardless of the result of the second circular of the presidential election – regardless of whether candidate A or candidate B win – a major legal problem arises. The question of the legality of the body liable for the determination of the validity of the elections may lead to a situation where the ruling of the ultimate Court is not deemed to have been given by a court established in accordance with the law. Consequently, this may prevent the elected president from taking office effectively, as Article 130 of the Constitution of the Republic of Poland states that the president shall take office after taking his oath to the National Assembly, which requires prior determination of the validity of the election.
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.
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PKW reported the results of the alleged presidential election from 99 percent of the electoral commissions
