No one will put pressure on the President regarding when to sign or not sign.
- Nawrocki on SAFE
Hot Topic
01/24/2020
05:05
At 12:00 PM in the Presidential Palace, President Andrzej Duda will appoint his representative to the Polish Financial Supervision Authority (KNF). Meanwhile, at 11:00 AM, during a closed-door session of the Sejm's Rules, MP Conduct, and Immunity Committee, the Head of the Chancellery of the Sejm will present information on the functioning of the Marshal's Guard. At 2:00 PM, Sejm Deputy Speaker Małgorzata Kidawa-Błońska will participate in the VIII National Pharmacists' Congress in Warsaw.
08:22
Schetyna:
We are dealing with total chaos. It's clear we will live in several parallel realities
08:25
Schetyna:
The Question Remains About the President and His Reaction to the Gag Law, Which Completely Demolishes Judicial Independence. A Very Serious Crisis Exists, and We Must Acknowledge It.
- In a normal country, in a normal way, such a signal, such information from the Supreme Court, this decision resulting from the work of three combined chambers would be taken for reflection, analysis, and above all, for work to overcome this crisis. But here, we had a press conference in the Sejm, by the stairs, where Ziobro said he does not acknowledge it and it is irrelevant. If someone wants to approach politics normally, it is difficult for them to assess such behavior normally, so I don't know what will happen, because it would seem that the reaction here should have been at least rational and thought out, and it was not. There is a question about President Duda, there is a question about how he will react to the 'gag law' passed yesterday. Well, yes [one can predict that he will sign it]. But this is also a law that completely demolishes the independence of judges and the independence of courts. A very serious crisis exists, and we must acknowledge it – stated Grzegorz Schetyna in an interview with Beata Lubecka on Radio Zet.
08:28
Szczerski:
Jerusalem Ceremonies Went Exactly As Expected; Poland Was Not Meant to Be There
“These ceremonies [in Jerusalem] proceeded exactly as we expected, and that was their intended meaning. The meaning was to recount not only the story of 1939, which President Putin has focused on attacking Poland until now, but to recount the story of 1944 and 1945 without Poland. Poland was not meant to be there,” said presidential minister Krzysztof Szczerski on Radio Jedynka.
08:29
Schetyna:
I don't know how the government and president will react. I know how the EU and USA will react. I expect a tough stance against this policy
- I don't know how the government and the president will react. But I know how the EU and countries that take the separation of powers absolutely seriously will react. Also how the USA will react. [I expect] a tough stance against this policy. I believe that those making such decisions in Poland, and I'm thinking here of the Minister of Justice and the government, must consider that this will have financial consequences within the EU as well - stated Grzegorz Schetyna in an interview with Beata Lubecka on Radio Zet.
08:32
08:34
Schetyna:
I'm Not Retiring from Politics, I'm Not Going Anywhere
08:36
Schetyna:
I Never Wave the White Flag
- I never wave the white flag. I made that decision [to step down from seeking leadership of Civic Platform] to give an opportunity to those who thought a new beginning, new energy, youth, and freshness were needed - stated Grzegorz Schetyna in an interview with Beata Lubecka on Radio Zet.
08:43
- With the help of friends, yes [Borys Budka can steer the Civic Platform to success, if Tomasz Siemoniak loses]. Because I believe it will be important what team he builds to lead, to guide the Civic Platform. I worked with Borys Budka and Tomasz Siemoniak for 4 years, they were my deputies, so I know their capabilities, their experience. We led many projects together, and I believe both of them have what it takes to be a leader. The question is how he will construct this team, because it's teamwork that must be based on trust, and that's how the Civic Platform has always been, and that's how the Civic Platform has won – stated Grzegorz Schetyna in an interview with Beata Lubecka on Radio Zet.
- It depends on turnout [whether the Civic Platform leadership election will be decided in the first round]. I think a second round is possible. As I said, Tomasz Siemoniak, Borys Budka – these are two candidacies, two names, two personalities, who will decide this election between themselves – continued the PO chairman.
08:46
Schetyna:
I am a Patriot of the Civic Platform. This is the project of my life. I co-created it and I simply won't abandon it, and I will support every new leader.
- This is not a party of chance or chaos. It is a party on which much depends in Polish politics and much will depend. I believe it has a great role to play. I want to participate in this role, I want to support this party and I will. I am a patriot of the Civic Platform. This is the project of my life. I co-created it 19 years ago and I simply won't abandon it, and I will support every new leader and I believe I will help guide the Platform to electoral victory. Certainly, there will be no [steering from the back seat]. I don't like riding in the back seat - stated Grzegorz Schetyna in an interview with Beata Lubecka on Radio Zet.
09:00
Gowin:
I wouldn't call it a coup, but we are certainly dealing with a legal chaos caused by this resolution
09:04
Gowin:
This Whole Situation Requires Reflection from All Sides, Including Us Politicians of the Ruling Camp. I Believe Further Dialogue is Needed, as We've Hit a Wall.
- Even among these so-called old judges, opinions were not uniform. Several distanced themselves from this resolution. On the other side, we have the Constitutional Tribunal. This whole situation requires reflection from all sides, including us politicians of the ruling camp. I believe further dialogue is needed, as we've hit a wall. I don't want to say a precipice, but we risk a situation of certain ambiguity and, consequently, a lack of a sense of legal security for citizens - stated Jarosław Gowin in an interview with Marek Pyza on TVP1's "Political Quarter Hour".
09:17
Gowin:
In My Assessment, the Court Structure Should Be Flattened
09:48
Müller:
PM Deems it Appropriate for the Constitutional Tribunal to Ultimately Resolve Legal Doubts Arising from Yesterday's Resolution of Three Supreme Court Chambers
- In connection with yesterday's decision, the resolution of three chambers of the Supreme Court, Prime Minister Morawiecki decided to submit a motion to the Constitutional Tribunal to examine the compatibility with the Constitution of the legal provisions used yesterday to issue the resolution of the three Supreme Court chambers. The motion aims to have the only constitutionally authorized body examine whether the provisions applied by the Supreme Court yesterday can be used in such situations. The motion aims to examine whether the status of judges appointed by the president is decisive - stated Piotr Müller at a press briefing at the Chancellery of the Prime Minister. He added:
"We emphasize that the Supreme Court does not have the competence to create the content of legal provisions binding in Poland. This competence is reserved for the Sejm and the Senate, as well as for executive bodies, if, of course, they receive appropriate authorization in the law. Furthermore, the Supreme Court does not have the competence to repeal existing legal provisions. This competence is reserved for the Constitutional Tribunal. Finally, it does not have the competence to determine who is and who is not a judge in Poland. This competence is reserved for the prerogative of the president and is also regulated in the Constitution. Yesterday's Supreme Court resolution introduces chaos on an unprecedented scale. Therefore, the Prime Minister deemed it appropriate for the Constitutional Tribunal to ultimately resolve any legal doubts that have arisen in connection with yesterday's resolution of the three Supreme Court chambers. Due to the special nature of this matter, Prime Minister Morawiecki will ask the Constitutional Tribunal to consider this case in full composition and to consider it on an expedited basis, the fastest possible, in connection with the legal chaos currently prevailing or likely to arise due to yesterday's resolution of the three Supreme Court chambers."
10:25
Mucha:
The Supreme Court Was Not Authorized to Pass a Resolution Given the Matter Pending Before the Constitutional Tribunal
- We have a case pending before the Constitutional Tribunal, we have a jurisdictional dispute because Marshal Witek filed such a motion for the resolution of the jurisdictional dispute with the Constitutional Tribunal, and there is a legal effect that occurs by operation of law, which causes the suspension of all proceedings. The Supreme Court was not authorized to pass a resolution given the matter pending before the Constitutional Tribunal. In the Polish constitutional system, the only entity authorized to resolve jurisdictional disputes is the Constitutional Tribunal. Hence the statement by the Minister of Justice that this resolution has no legal effects. The President very clearly indicated yesterday that no one has any title or authorization to interfere with the scope of the President's prerogative, which is judicial appointments - stated Paweł Mucha in an interview with Marcin Fijołek on Poranek Siódma9.
10:35
Mucha:
I Deeply Regret What a Part of the Supreme Court Did. It's Crucial to Emphasize This Isn't the Entire Court.
- The President's prerogative regarding judicial appointments can in no way be questioned by any court ruling. For me, there is no doubt, based on Articles 144 and 179 of the Constitution, that the individuals appointed to judicial positions by the President are judges. However, what you are referring to is a separate matter, and it is indeed something to be analyzed, and also to resolve this dispute, because you are right concerning the issue of legal certainty. I deeply regret what a part of the Supreme Court did. It is crucial to emphasize this. It is not the entire Supreme Court. In my opinion, contrary to the Act on the Supreme Court, the Chamber of Extraordinary Review and Public Affairs was excluded, and in my opinion, unlawfully, judges, a part of the judges from the Civil or Criminal Chamber were also excluded. These actions are absolutely unlawful and inadmissible; spheres assigned to the President, constitutionally to the Constitutional Tribunal or the Sejm, have been encroached upon – stated Paweł Mucha in an interview with Marcin Fijołek on Poranek Siódma9.
10:40
„Attempts to create duality are harmful to citizens, and therefore a responsible government cannot back down, it cannot capitulate. Our assumption and our goal is a reform of the justice system where there will not be hundreds of vacancies because judges connected to the opposition try to block appointments, which translates into delays in handling cases. We will not have a situation where judges feel no responsibility” – said PiS Deputy Spokesperson Radosław Fogiel in an interview with Jacek Prusinowski on Radio Plus.
10:41
Fogiel:
The entire uproar regarding the Supreme Court, the Sejm, and the Speaker's motion to the Constitutional Tribunal stems from the Supreme Court's desire to meddle in lawmaking
„Courts are not meant to make laws. Courts are meant to apply laws. This entire uproar, if I may use that colloquial term, involving the Supreme Court, the Sejm, and the Speaker’s motion to the Constitutional Tribunal, stems from the Supreme Court’s desire to meddle in lawmaking” – said Deputy Spokesperson for PiS, Radosław Fogiel, in an interview with Jacek Prusinowski on Radio Plus.
10:43
"This opinion from this group of judges, who met – because there's no other formula – is a curiosum. It has no legal force. It is non-binding. In any way. A curious stance after this meeting, like acrobatics with the right hand through the left ear. On one hand, we question the judgeship of judges, which no one has the right to do, because the president appoints judges and they are irremovable and their status cannot be denied. On the other hand, in order not to ultimately break the law, they propose a formula whereby these judges should do other things, administrative actions, perhaps photos in their robes, but not adjudicate. Either one is a judge, or one is not a judge" – said the Deputy Spokesman for PiS, Radosław Fogiel, in an interview with Jacek Prusinowski on Radio Plus.
10:44
The European Commission has filed an application with the Court of Justice of the European Union (CJEU) requesting the application of interim measures against Poland concerning the system of disciplinary responsibility for judges.
This action stems from concerns raised by the Commission regarding alleged violations of EU law by Poland, particularly in relation to the independence and impartiality of the judiciary. The disciplinary system for judges in Poland has been a subject of significant scrutiny and legal challenges from the EU institutions.
The Commission's request for interim measures is a significant step, indicating the urgency with which the EU executive views the situation. Such measures are typically sought to prevent further damage or to maintain the status quo while the Court considers the substance of a case.
Further details regarding the specific grounds for the Commission's application and the nature of the interim measures requested are expected to be released following the CJEU's review of the filing.
10:51
Mucha:
I have no doubt that we cannot agree to replace democratic rules with the dictates of a part of the judiciary
- I believe that the justice system reform needs to be rationally continued today. I have no doubt that we cannot agree to replace democratic rules with the dictates of a part of the judiciary, because please note, this resolution was also adopted with six dissenting opinions - stated Paweł Mucha in an interview with Marcin Fijołek on Poranek Siódma9.
11:00
The head of the Sejm Chancellery has been fined two thousand zlotys, totaling six thousand zlotys, for failing to disclose the lists of support for the new National Judicial Council (KRS). This was announced by Judge Juszczyszyn.
The provided link leads to a tweet by Piotr Bulakowski, dated January 23, 2020, which likely contains further details or commentary on this legal decision. Without direct access to the content of the tweet, this summary is based solely on the provided title.
11:20
- We are discussing with the Ministry of Justice on multiple dimensions and aspects. It's not a secret that the President is vitally interested in these matters, the reforms of the judiciary. So, one can say that these contacts, both working-level and at the leadership level of the Ministry of Justice and the Chancellery of the President, do exist. There are initiatives concerning systemic changes, as you mentioned, regarding the organization of the judiciary. Today, we are at a specific point in time, and as we speak, we need to organize certain things here, but of course, this is primarily the domain of the Minister of Justice. However, with an awareness of the President's competencies, the Minister of Justice also consults these issues with the President. So, this cooperation exists, and it is true what the editor says, there are such proposals that keep returning. There are analyses being conducted, but there is also what we are talking about. The President has emphasized this very clearly: how many systemic proposals, judicial reform changes, which boil down to anything other than the slogan "let it be as it was" have so far been presented by the judicial community or judicial elites. There are no such proposals. All energy is directed towards blocking the reform of the judiciary, questioning changes, or for example, the current status of judges elected by the KRS, i.e., to discredit changes that are happening in accordance with the Polish Constitution and Polish legislation, to argue with these proposals – stated Paweł Mucha in an interview with Marcin Fijołek on Poranek Siódma9, when asked if the President is participating in discussions about structural changes in the judiciary.
11:22
Spychalski:
Of Course, A Jurisdictional Dispute Exists
- Of course, [a jurisdictional dispute] exists. Yesterday's Supreme Court ruling clearly states: we as the Supreme Court will decide who is a judge, and that is not within the Supreme Court's authority, but the President's. It is the President who appoints a given person to the judicial office, decides whether that person is or is not a judge, and if this so-called ruling says something completely different, then of course the Constitutional Tribunal must rule on this matter, but I remind you that only the Constitutional Tribunal is authorized in this regard - stated Błażej Spychalski in a conversation with Michał Rachoń on the TVP Info program "Jedziemy".
11:25
Spychalski:
President Duda's Decision Not to Attend Jerusalem Ceremony Was Justified
- This [disinformation at Yad Vashem] shows one thing: that President Duda's decision not to participate in the ceremony was justified. What's more, I am surprised by all the politicians who, against all reason, against Poland's national interest, urged the president to go to Yad Vashem, against common sense and Poland's national interest - stated Błażej Spychalski in an interview with Michał Rachoń on TVP Info's program "Jedziemy".
- How would the president of Poland, representing the majesty of our state, feel in a situation where on maps, the borders of the Second Polish Republic were truncated and Belarus was written where our Polish Kresy were. Or how should the president react to information that Poles did not fight? - the president's spokesperson continued.
- On the other hand, the lack of information about what happened from September 17, 1939, to June 22, 1941, concerning the USSR is surprising. I remind you that it was a country that territorially conquered almost as much of Europe as Nazi Germany. Why wasn't there a single word about it - Spychalski emphasized.
11:42
- This aspect you are talking about also needs to be considered and resolved. I also do not rule out a situation where there is a need for some reflection on legislative initiative - stated Paweł Mucha in an interview with Marcin Fijołek on Poranek Siódma9.
12:02
PM:
Supreme Court Resolution is an Unprecedented Act That Could Destabilize the Legal Order
12:07
- Supreme Court judges, with yesterday's resolution, want to place themselves above the Constitution. This is absolutely unacceptable, and that is why I am submitting a motion to the Constitutional Tribunal to verify it - stated Prime Minister Mateusz Morawiecki at a press conference at the Chancellery of the Prime Minister.
13:57
Kaczmarska:
If Judge Juszczyszyn's Ruling Reaches the Sejm Chancellery, I Will Definitely Appeal This Decision
"If Mr. Judge [Juszczyszyn]'s ruling reaches the Sejm Chancellery, I will definitely appeal this decision. For now, I have no document. I learned from you [the press] that a fine has been imposed on the Sejm Chancellery. Yesterday, my justification was submitted. At the same time, I also provided all written explanations that the judge requested personal clarifications on. The judge also did not recognize the proxy. Today, unfortunately, I could not participate in the hearing. I also delivered the documents that the judge requested, those that I could legally deliver by mail" - said Agnieszka Kaczmarska, head of the Sejm Chancellery, in a conversation with journalists in the Sejm.
14:01
Kaczmarska:
I Submitted Candidate Nominations for the KRS to the Olsztyn Court. I Requested Reconsideration of On-Site Inspection. I Cannot Make Judges' Letters Publicly Available Due to Legal Formalities
„[I submitted to the court] candidate nominations for the KRS. Simultaneously, I requested the District Court [in Olsztyn] to reconsider the on-site inspection at the Sejm Chancellery. I also expressed my readiness that if there are legal obstacles to the inspection at the Sejm Chancellery, I can deliver these lists to Olsztyn, as long as the judge orders an on-site inspection without including these lists in the case file. [We are talking] about citizens' lists. I cannot make the judges' letters publicly available due to formal and legal reasons” – said the Head of the Chancellery of the Sejm, Agnieszka Kaczmarska, in an interview with journalists in the Sejm.
14:03
Kaczmarska:
I Am Acting in Accordance with Polish and European Law. Support Letters Contain Signatures for All Judges
„I am acting in accordance with Polish and European law. [In the support letters] there are signatures for all judges” – said the head of the Sejm's Chancellery, Agnieszka Kaczmarska, in a conversation with journalists in the Sejm.
14:19
Gersdorf:
It's known this isn't to Ziobro's liking, hence their agitation. But that's how it is. There's a resolution, and nothing can be done about it.
- The Constitutional Tribunal has no right to interfere with the adjudicatory functions of courts. At all - stated Małgorzata Gersdorf in an interview with journalists in the Sejm.
- It's known that this isn't to Minister Ziobro and his associates' liking, and that's why they are so agitated. But that's how it is. There's a resolution, and nothing can be done about it. [The courts] should respect this resolution. They should respect it, but what they will actually do is another matter. However, it will always provide, sometime in the future, grounds for challenging those judgments - the First President of the Supreme Court continued.
14:22
"1. Pursuant to Article 180(1) and (2) of the Constitution of the Republic of Poland, judges, from the moment of their appointment by the President of the Republic of Poland, are irremovable, which is not only beyond doubt in connection with the fundamental systemic assumptions of our State, but also clearly follows from thesis 133 of the ECJ ruling of November 19, 2018 (case C-585/18, C-624/18 and C-625/18). 2. Any actions aimed at depriving the President of the Republic of Poland of this indicated prerogative are actions directly violating the principle of judicial impartiality. Not even an act of statutory rank can breach this constitutionally granted guarantee to a judge. Even less can this be done by virtue of a court judgment, or even a resolution of a court. 3. The only exception is the removal of a judge from office or suspension from duty by virtue of a disciplinary court's ruling, in an individual case, concerning a specific judge, which the legislator has clearly provided for. 4. Consequently, a judge, concerning whom no ruling has been issued for their removal from office or suspension from duty, does not have the authority to refrain from adjudicating and performing official duties."
16:11
The Warsaw Administrative Court (WSA) has ruled to overturn two decisions issued by the President of the Personal Data Protection Office (UODO). These decisions had previously suspended the disclosure of support lists submitted for the election of members to the new National Council of the Judiciary (KRS). This ruling is a significant development in the ongoing transparency debates surrounding the judicial appointments process in Poland. The specifics of the support lists, including who signed them and for which candidates, have been a subject of contention, with advocates for transparency seeking their public release, while proponents of the current system have sought to maintain their confidentiality. The WSA's decision implies that the President of UODO's previous actions to withhold this information have been deemed unlawful by the court, potentially paving the way for greater public scrutiny of the KRS selection process.
19:55
Jaki:
Citizens Demand Justice System Reform, But Entrenched Networks Will Make It a Tough Fight
- Our government faces a dilemma today. On one hand, citizens want changes in the justice system, and on the other, we are fully convinced that the networks that have grown there make this a very difficult battle - said Patryk Jaki in a conversation with Piotr Witwicki on the Polsat News program „Wydarzenia i Opinie”.
- Do citizens want the kind of changes you are proposing? - the journalist pressed.
- I have a strong conviction that they want even more far-reaching changes, because I talk to people a lot - replied the MEP.
19:58
Jaki:
We're Reaching a Situation Where If Someone Was Appointed During the Civic Platform Era or Any Other, They Can Be a Judge, But If Appointed During the PiS Era, They Cannot
- Today we are reaching a peculiar situation where if someone was appointed during the Civic Platform era or any other, they can be a judge, but if appointed during the Law and Justice era, they cannot - said Patryk Jaki in an interview with Piotr Witwicki on the program 'Events and Opinions' on Polsat News.
20:05
Balt:
I Urge President Duda to Halt and Not Sign This Law, as He Will Sign the Introduction of Anarchy in Poland
- Of course, the courts needed fixing, of course, PiS wanted to fix these courts, but today they have introduced anarchy in Poland. Today, instead of a democratic system, we have anarchy. Some judges say that the verdicts of some courts are invalid, opposing judges say that the verdicts of those other judges are invalid. Politicians also say that court rulings are invalid. This is anarchy. It threatens the state and our security, and that of all citizens. I urge President Duda to halt and not sign this law, because he will sign the introduction of anarchy in Poland – said Marek Balt in an interview with Piotr Witwicki on the program "Wydarzenia i Opinie" (Events and Opinions) on Polsat News.
20:30
Tomczyk:
Poland Faces a Major Crisis, Caused by Master Ziobro
- Article 87 of the Act on the Supreme Court clearly states: resolutions of the full bench of the Supreme Court gain the force of legal principles upon adoption. The end. I don't know if you are aware, but MP Horała voted for this Act on the Supreme Court, where Article 87 clearly states that these are principles that have the binding force of law. The problem is that today we are facing a major crisis in the state, which has been caused by Master Ziobro, by these people we saw yesterday at a press conference, who disregard the law - stated Cezary Tomczyk in an interview with Katarzyna Kolenda-Zaleska on TVN24's 'Fakty po faktach'.
20:36
Horała:
Ziobro Doesn't Challenge Court Resolution, the Minister Stated a Fact. Actions Grossly Contrary to Law, Contra Legem, Are Void by Operation of Law
- The Minister [Ziobro] does not challenge [the court's resolution], the Minister stated a fact. Actions that are grossly contrary to the law, contra legem, are void by operation of law. By themselves. No one assesses this, no one decides. They are obviously contrary to the law - said Marcin Horała in an interview with Katarzyna Kolenda-Zaleska on TVN24's "Fakty po faktach".
20:40
- There is a Supreme Administrative Court ruling that clearly states that personal data protection regulations do not apply to KRS lists. I don't know what's more guarded a secret. Whether it's nuclear codes in the USA, or the list of judges who signed the KRS list. If you're ashamed, I understand. But it's public property – said Cezary Tomczyk in a conversation with Katarzyna Kolenda-Zaleska on TVN24's "Fakty po faktach".
20:42
Jabłoński:
In connection with the inadmissible statement by the EC spokesperson, Marek Prawda, head of the EC representation in Poland, has been summoned to the Ministry of Foreign Affairs for tomorrow.
https://twitter.com/paweljabionski/status/1220786913520619521?s=12
20:48
Horała:
Instead of wearing the constitution on a t-shirt, one can read it. The Supreme Court's role is to apply existing laws.
- The Supreme Court, after its own deliberation, decided that a law is not in force. Without any legal basis. The Supreme Court does not have such competencies. The Supreme Court's role is to apply existing laws. Period. - said Marcin Horała in an interview with Katarzyna Kolenda-Zaleska on TVN24's "Fakty po faktach".
- One can still read in Polish. And instead of wearing the constitution on a t-shirt, one can read it. There is a whole chapter in it about the competencies of courts and tribunals, and it clearly states which court and tribunal has what competencies, and the Supreme Court does not have such competencies - Horała added.
23:01
No one will put pressure on the President regarding when to sign or not sign.
- Nawrocki on SAFE
Hot Topic
We Live in a Socially Incited Deep Emotion That It's Either European SAFE or Death. That's Not the Case
- Nawrocki
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I Understand the Pain That There Were No Leaks and No Preparation for the Attack.
- Szefernaker Responds to Wielowieyska
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I Really Like the NBP Program as a Supplement to SAFE
- Kosiniak-Kamysz
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It Would Be a Speculation on Gold Prices; the European SAFE is Safer.
- Sikorski on Nawrocki's Proposal
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Scandalous Behavior.
- Kosiniak-Kamysz Calls for Suski's Punishment
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