There was a tragic event at 1 of the polling stations in Krakow Krowodrzy. A 75-year-old man who came to give his vote fainted while waiting in line. Despite immediate medical intervention, he was incapable to be rescued.
Event Details
The incidental occurred before 2:00. According to a spokesperson for the Lesser Polish police, Catherine Cisło, the man abruptly felt unwell and passed out. Emergency services were called to the scene, which took up CPR. Unfortunately, the condition of the 75-year-old turned out to be critical – he died during transport to the hospital.
Responses of the electoral services and commission
The CWB delegation confirmed the result of the incident, stressing that the man had not been able to vote. The polling station acted usually after the assistance was given, but the full situation shook both the members of the committee and witnesses to the event.
Police ruled out the engagement of 3rd parties in the death of a man. wellness problems were most likely the cause, but authoritative findings will be known after the autopsy.
Election safety in Poland
The tragedy in Krakow highlights the issue of the safety of older people during the elections. No akin incidents have been reported in fresh years, but this may prompt the authorities to introduce additional precautions, specified as separated seats for seniors or increased presence of medical services.
Summary: What will Poland face erstwhile the election results are announced?
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 Chamber of Extraordinary Control and Public Affairs of the SN and another judges appointed in the 2018 procedure.
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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Tragedy at an election place in Krakow. 75-year-old died before voting
