President Duda Vetoes Bill Regarding Presidential Election Result Validation
President Andrzej Duda has vetoed a bipartisan bill altering the validation process for the presidential election results, maintaining the current structure of the Supreme Court’s extraordinary review chamber. While the ruling coalition argued for clearer validation protocols, Duda raised concerns about legitimacy and timing, influencing the upcoming election set for May 18. The political context remains tense as the government navigates judicial reforms and potential EU influences.
President Andrzej Duda has exercised his right to veto a bill passed by the Polish government’s parliamentary majority that sought to amend the validation process for this year’s presidential election results by the Supreme Court. The ruling coalition contended that the bill was essential to eliminate any potential legal ambiguities surrounding the election’s outcome, emphasizing concerns over judges considered illegitimately appointed by previous reforms initiated by the Law and Justice (PiS) party.
Despite being an ally of PiS, President Duda raised objections to the law, particularly regarding the legitimacy of the Supreme Court chamber currently responsible for validating election results, which the present government has criticized. Additionally, he pointed out that the current government’s legitimacy arose from elections validated by the same chamber now under scrutiny.
Under the current legal framework, the Supreme Court’s chamber of extraordinary review and public affairs is required to affirm the validity of electoral results post-election. This chamber was established through judicial reforms enacted by PiS, which have faced accusations of violating both Polish and European laws. Many of its judges were appointed via a National Council of the Judiciary (KRS) subjected to political influence, leading to questions about their legitimacy.
In January, the existing government majority advanced a bill that proposed transferring election validation responsibilities to the 15 longest-serving judges of the Supreme Court, ensuring only those judges appointed prior to the judiciary overhaul carried out by PiS would participate. However, President Duda has ultimately vetoed this reform, maintaining the chamber’s current structure.
Małgorzata Paprocka, Duda’s chancellery head, elaborated on the rejection, noting that the extraordinary review and public affairs chamber has successfully affirmed the legitimacy of various elections, which had not been questioned by the current parliamentary majority. Furthermore, she cited a prior ruling from Poland’s Constitutional Tribunal that significant electoral law changes should not occur within six months preceding an election, reinforcing the timing of this veto as relevant to the impending presidential election on May 18.
Paprocka also raised concerns that the scrutiny surrounding the Supreme Court’s composition might be part of broader initiatives to influence the electoral process, an apprehension fueled by past experiences involving the European Union’s involvement in Polish elections. She referenced a precedent following the 2023 parliamentary elections when the EU reinstated previously withheld financial assistance after a change in government.
Should the presidential veto be overturned, a three-fifths supermajority in the Sejm would be necessary; however, such a majority is currently unfeasible, as opposition parties are expected to resist the proposed law. In response to Duda’s decision, some coalition lawmakers expressed their disappointment, labeling the president’s arguments as lacking rationality and fearing potential chaos surrounding the election’s validation.
Following a governmental change in December 2023, which aimed to reverse PiS’s judicial reforms, efforts have been complicated by Duda’s veto power and his ability to refer legislation to the Constitutional Tribunal, which remains heavily influenced by PiS appointees. The outcome of the upcoming presidential election, primarily hinging on electing a more cooperative president to replace Duda, will significantly impact future governmental reforms. The leading candidate is Rafał Trzaskowski of the Civic Coalition, with polling support of approximately 34%. If necessary, a subsequent run-off will occur between the top candidates two weeks following the initial vote.
In conclusion, President Andrzej Duda vetoed a significant electoral bill aimed at altering the validation process for this year’s presidential election results, raising concerns regarding the legitimacy of the current Supreme Court’s role in this matter. The ruling coalition’s assertions of needing an unambiguous validation process clash with Duda’s objections and the ongoing political tensions surrounding judicial reforms. The implications of this veto extend to the upcoming presidential election and the longer-term stability of Poland’s electoral framework, particularly in light of broader influences from the European Union and internal political dynamics.
Original Source: notesfrompoland.com
