Poland: Election of Warsaw President And Marriages Of Polish People Overturned By Governor
The base of civil society in Warsaw, Poland has been thrown into disarray by the decision of the Polish Governor of the Mazowsze Region to invalidate the election results of the President of Warsaw. According to the Governor's decision, marriages, drivers licenses, contracts, business filings and anything else done since December 28, 2006 involving the Warsaw City Government are invalid. But the President of Warsaw, disagrees.
Poland
Governor Sasin: "Hanna Gronkiewicz- Waltz is not a president of Warsaw any longer."
Hanna Gronkiewicz-Walcz: "Yes, I am!" See In Polish
Hanna Gronkiewicz-Walcz violated a hastily passed election law that went into effect just before last falls local elections by filing her husband's financial statement 10 hours after the 30 day deadline.
Prime Minister Jaroslaw Kaczynski has been using the violation as a means to take control of the Warsaw Government. The operative law was passed to fight corruption in local governments, but Kacznyski, having said, "The law is the law", saw an opening to take control of Warsaw and declared that her mandate to govern expired the moment that she was late in filing the financial statement.
There are, however, formalities that must be observed. Procedurally the Warsaw City Council was to vote to remove her mandate. But they voted to not remove her mandate. That vote may not be in accordance with the law since the law does not clearly give them that option.
After the City Council vote, the Regional Governor, political appointee of the Minister of Interior, could remove the mandate. Before one Regional Governor could act, he was removed from office because of his own transgressions. A new Regional Governor, Jacek Sasin, issued an order removing her mandate and claims that she has not been the President of Warsaw since December 28, 2006.
Gronkiewicz-Walcz says that it is unacceptable for a Governor to make a decision to overturn a valid democratic vote of the people and she will only accept the decision of the courts.
And there will be court involvement on many fronts.
On Thursday the Warsaw City Council will refer the case to the Administrative Court.
On the 13 th of March, the Supreme Court is to hear a case concerning the election law.
The City Council will file a suit against Sasin.
Gronkiewicz-Walcz will file a suit against Sasin.
Some of the Warsaw Courts have stopped hearing any cases involving the City because they are not sure if the representatives for the City have the authority to participate in the case. Some are moving forward.
Anything that requires the approval of a City Official may not be valid.
The people of Warsaw are directly affected.
For example, a couple married on 29 December that filed a joint tax return has violated the tax law since they are not married. They are subject to penalty by the tax courts. Anything they did as a married couple is invalid.
Someone with a newly issued ID card has an invalid ID. Newly issued drivers licenses are invalid. And the list goes on.
The Court battle can take up to three years.
And that will cause many problems for the people.
In those three years will all the new drivers be driving without a valid license? Will their insurance be valid if the have an accident while driving on that invalid license? Will they be prosecuted for driving with an invalid license?
Sasin is aware that at least some problems will arise. He asked Gronkiewicz-Walcz to resign so that they would be avoided. He acknowledged that she has the right to appeal, but said that it would be just a waste of time.
Gronkiewicz-Walcz says that she will win in the courts.
Were she to resign, the Governor could appoint an Administrator and the Kaczynski Government would have overturned the election results and have control of the Warsaw Government.
He would have to call new elections to give power back to the people. He did not do that the last time an Administrator ran Warsaw. It was claimed that it was too expensive to hold the elections.
