New RoL Risk: Polish Electoral Commission Challenges Top Court – QUICK TAKE

Stand-off over PiS funding sparks possible constitutional crisis and threatens 2025 elections

19 December 2024

The funding difficulties of Poland’s Law and Justice (PiS) party have escalated as the National Electoral Commission (PKW) delayed its adjudication on a Supreme Court ruling reinstating the party’s state funding. The decision stems from unresolved disputes over the legitimacy of the court chamber that issued the ruling – raising concerns about the impact on the upcoming presidential election.

Poland’s National Electoral Commission (PKW) is at the centre of a new legal stand-off following its refusal to accept a ruling by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court.

The ruling in question favoured the Law and Justice (PiS) Party, ordering the PKW to restore PiS’s public funding after its election financial report was rejected due to spending irregularities.

According to the Constitution, the Supreme Court validates the election, so the PKW’s refusal poses a serious constitutional risk. It also highlights broader disputes over the legitimacy of Poland’s top court, the potential for institutional paralysis and the risk of disruption in the upcoming presidential election.

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