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Friday, July 17, 2020

The opposition in Poland plans a judicial coup d'état

The losing candidate has not given up
The opposition in Poland plans to take away from president Duda his victory, a small coup d'état.

This may sound absurd, but let's look at the facts and (planned in advance) actions that are now taking place.

Facts:
According to RMF FM radio, over 900 election protests have already been already received by the Supreme Court (SC). At first glance, this puts the reliability of the elections in a bad light because there should not be so many protests. But the truth is that since April there have been reports of planned protests in the event of President Duda winning.

It is a fact that the protests were planned long (weeks) before elections. Here is what Roman Gietrych, one of the opposition leaders, wrote on April 17:
(,,,) 5) In the case of Andrzej Duda's victory being announced, we have to file a joint appeal of the results to the Supreme Court. 6) If one of the opposition candidates wins the election, the joint recognition of these results as binding.
Opposition lawyers and judges filed multiple lawsuits against judges selected by the new National Council of the Judiciary so that they could not rule. Currently, the matter is handled by the Labor and Social Security Chamber.

The purpose:
The judicial "elite" counts on the huge number of complaints to paralyze the work of the Supreme Court's Extraordinary Audit and Public Affairs Chamber, which has 21 days to consider them. 

The purpose of judicial suits is to bring about a situation in which new judges will not be able to rule on the validity of elections. So, it's also supposed to paralyze the court's work. 

The Supreme Court must issue an opinion on each protest lodged. Then, in full composition, issue a resolution by August 6. 

The opposition believes that in the current situation one should adopt the view of some representatives of the legal doctrine, according to which exceeding the date of August 6 would mean the necessity of calling new elections that would give Rafał Trzaskowski a chance to win. 

"If the Supreme Court fails to consider the protests by August 6, the day when Andrzej Duda's term in office will end, but there will still be no new president. Then the Speaker of the Sejm will have to take over his duties and announce the next election." - says a former judge and presumed author of the plan, Andrzej Rzepliński.