Following the announcement of the results of the exit poll Rafał Trzaskowski, a candidate for the Civic Coalition, spoke, repeating promises from Donald Tusk's parliamentary campaign. He announced the continuation of changes initiated by the government in 2023 and the settlement of the Law and Justice Government.
“PiS wants to return to power, but we will not let divisions”
Trzaskowski stressed that the Law and Justice "very much wants to return to power" and seeks to escalate conflicts. – I'm going for a triumph for everyone who was attacked by the PiS – he said. Among the groups listed by the candidate KO were seniors, youth, women, doctors, teachers and entrepreneurs.
– They were all attacked by the PiS. I'll always be with you. I'll always aid you erstwhile you request help. – assured Trzaskowski during election evening in Sandomierz.
Trzaskowski's promises: from abortion to judicial reform
The KO candidate declared that if he wins the presidential election, he will start intensive action on the first day. His priorities included:
- The abolition of the “Mediocre Anti-abortion Law”
- Introduction of the Law on the Silesian Language
- Reform of the judiciary – "We will put an end to chaos, courts will act faster"
- Fighting the crisis in kid psychiatry
- Deregulation and support for entrepreneurship
- State separation from the Church and the liquidation of the Church Fund
- Introduction of a tax-free amount
Appeal to the Left and Holownia: “Together we will do it for people”
Trzaskowski besides addressed the Left and Simon Holownia, candidate of the 3rd Way. – If the Left speaks of housing, we will accelerate the construction of housing for young people. Local governments will build them – announced. To Holownia he said:-- Yeah, people are the most important. We'll do it together, the citizens will always come first..
Summary
Rafał Trzaskowski clearly indicated that his eventual presidency would be a continuation of changes initiated by the Tusk government. His promises cover both social and economical issues and the improvement of justice. Can they be achieved? Time will tell.
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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Trzaskowski after a likely triumph in the alleged I circular of elections: “We will complete the changes and settle the PiS”