– I kindly request that you immediately indicate the legal basis for the request for an interpretation of the resolution of the National Electoral Commission (PKW) regarding the financial report of the PiS Electoral Committee (…) Naturally, Mr. Minister may avail himself of the opinions of legal experts, including former and current members of the PKW, mentioned in your statement published on the Ministry of Finance website – wrote the Chairman of the PKW, Sylwester Marciniak, in a letter to the Minister of Finance.

– It should be pointed out that the legal basis for the resolution in question, as evident from the text of the resolution itself, is Article 145 § 6 of the Act of 5 January 2011 – Electoral Code (Journal of Laws of 2023, item 2408, and of 2024, items 721 and 1572), which – it is worth recalling – states that “If the Supreme Court or the district court finds the appeal referred to in § 1, or the appeal referred to in § 5, filed by the financial representative, to be justified, the National Electoral Commission or the electoral commissioner shall immediately decide to accept the financial report, respectively”. Therefore, in this matter, the legal maxim, repeatedly analyzed in case law and legal doctrine, applies: clara non sunt interpretanda (what is clear is not subject to interpretation) – wrote Marciniak.

– The position taken by the National Electoral Commission for years also applies in this matter, according to which the electoral procedure is regulated comprehensively and in its entirety by the Electoral Code, and thus provisions of other procedures, including the Code of Administrative Procedure, do not apply to this procedure. This view is also established in the case law of the Supreme Court and administrative courts – emphasized the head of the PKW.

– Furthermore, it must be stressed that the Minister of Finance is neither a party nor a participant in the proceedings concerning the acceptance or refusal to accept the financial report of an electoral committee – he added.