Legal Counsel Ian Hoffman sits among the councilors of the Royal City and holds the honorary seat of Deputy Chairman of the First District of the Old City.
MBut who remembers that for three years, this gentleman instantly became the idol of the totalitarian opposition and put forward a thesis about the illegality of the election of Dr. Andrzej Duda for the next term.
The logic of Hoffmann's jurisprudence was impeccable as it was based on the profound thoughts of other leaders of legal thought such as Dr. Hubb. Adam Bodnar Or a group of judges of the Supreme Court gathered Prof. Malgorzata GersdorffThe former first president of the Supreme Court, who made a significant contribution to the development of Polish constitutionalism by placing his own resolution above it (I KZP 4/17) than the clear and express provisions of the Constitution. In this context, we can also mention Prof. a batProf. Wojciech Sadurskinoted the deputy called Aggressor mouse the so-called
Generally, according to Mr. Hoffmann, it is.
Andrzej Duda's election was confirmed by judges elected by the new, politicized National Council of the Judiciary (KRS), whose legality has been questioned by European courts.
So:
“I don't blame the elections for violations, but for violations of the judicial system. The authorities created the mess and, therefore, the problems for themselves.”
In an interview given to Onet in Polish, we have a detailed description of the accusation.
Marcin Wyrł: As “Fakti” newspaper reported, last week you asked the President of the Supreme Court, Malgorzata Manowska, whether President Andrzej Duda was legally elected. Is there any doubt about this?
Ian Hoffmann, legal advisor, with many years of experience in the field of law and administration: They are also serious. The point is that according to the law, presidential elections do not end with the announcement of the results by the National Electoral Commission, but only after their authenticity is confirmed by the Supreme Court.
And he confirmed the validity of the election.
And this is a problem, because the validity of the elections was confirmed in the Supreme Court by the so-called Neo-KRS, or National Council of the Judiciary, formed not by other judges, but by politicians, decided by the Sejm, mainly with the votes of PiS politicians. The Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) de facto do not recognize this national council of the judiciary as legitimate. According to European courts, judges elected by the Neo-National Council of the Judiciary do not guarantee independence, as the Neo-National Council of the Judiciary has been recognized as a political body and not a judicial body.
In this situation, has the validity of Andrzej Duda's election as president been legally confirmed?
The validity is confirmed, but the question is whether it is legal. Doubts may arise after the decision of the European Court. The independence of the courts is emphasized everywhere, both in the European Convention on Human Rights and in the European Treaties and in the Polish Constitution. Since the Chamber of the Supreme Court which ruled on the validity of the election is not independent of the jurisprudence of the European Courts and the Supreme Court itself, it is permissible to say that, according to law, no decision was made on validity or legality. Invalidity of Andrzej Duda's election as president.
What are the consequences of this condition?
There are different interpretations. I don't want to judge because this is very serious. However, according to the most far-reaching concept, if the Supreme Court does not comment on the matter within the constitutional period of 30 days, the procedure has not been carried out and the election must be repeated. However, if it is decided that there is no need to repeat the elections, then the Supreme Court should consider the case with the correct composition, that is, without the participation of the persons selected in the procedure involved in the Neo-National Council of the Judiciary. Elections take effect as soon as possible.
https://www.onet.pl/informacje/onetwiadomosci/Prawk-pytam-o-legalnosc-…
It seems that advisor M. Ian Hoffman omitted that the validity of the October 15, 2023 election will be decided by the Supreme Court's Extraordinary Control and Public Affairs Chamber, which is made up entirely of neo-judges.
We must remind everyone that the SSN Piotr PrusinovskyThe President of the Chamber of Labor and Social Insurance of the Supreme Court said in a statement to TVN24.
– If the chamber is not a court, and I think so, then the decision has no effect.
https://tvn24.pl/polska/maciej-wasik-mandat-poselski-sedzia-piotr-prusin…
Perhaps even the strictest legal counsel would have to agree that in such a case the decisions of a given chamber do not have selective effect, but affect all of them, regardless of the issue involved.
Therefore, if according to Prusinowski and others, the Extraordinary Control and Public Affairs Chamber of the Supreme Court is not a court, it means that the decision on the validity of the election will not be issued within 90 days. the law.
According to the current year's concept, Hoffman submitted in November 2021, which means that the election must be repeated.
Incidentally, it is strange that Rotary referred the complaints of MPs Kaminski and Vesik to the Supreme Court Chamber of the Supreme Court of its choice and did nothing to similarly circumvent the decision on the validity of the election. disorderconsists of Neo-judges.
Is this according to Holonia? Chamber of Extraordinary Control and Public Relations of the Supreme Court Was there a court in the case of deciding the validity of his election (and 459 other MPs and 100 senators) and was there not a court in the case of deciding the appeal against his “decision”?
If the left wants to be coherent, it must move another resolution – About the self-dissolution of the Seimas.
Or politely apologize to Mr. Kamiński and Wąsik, in recognition of the constitutionally defined amnesty law.
Or wife or daughter-in-law…
7/01/2023
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