The platform wants to control NIK in PFN. The Polish National Foundation is responsible



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"The Polish National Foundation is not an entity that (…) could be controlled by the NIK" – writes PFN on Wednesday. This is the response to the Supreme Audit Office announced by the Civic Platform to review expenses related to the "Fair Courts" campaign.

The aim of the FF-sponsored "Fair Courts" campaign was to convince Poles of the need to change the justice system through law and justice.

On Tuesday, the Warsaw District Court ruled that by funding the "Fair Courts" campaign, the Polish National Foundation was not in compliance with the goals set out in its statutes. Thus, the former president of Warsaw, Hanna Gronkiewicz-Waltz, who complained about the activities of the foundation, acquiesced.

– In connection with this court decision, we now ask the NIK to urgently check, outside the scope of its work, the legitimacy of spending Polish money by the Polish National Foundation – said Wednesday Mariusz Witczak from Platforma Obywatelska.

PFN: this does not fall within the competence of the Supreme Chamber of Control

In response, the Polish National Foundation issued a statement. He asserts that "the campaign for fair courts is outside the purview of the Supreme Audit Office, in particular the scope of application requested by the MPs of the POs".

"The Polish National Foundation is not an entity which, under the applicable provisions of the Supreme Chamber Law of Control, and in particular under Article 2, paragraph 3, of this Law, could be subject to the control of the Supreme Court of Auditors "- reads in the letter of PFN.

"As the doctrine says, which follows from the wording of paragraph 3 of Article 2 of the law, the subordination of control is objective and not subjective: it does not cover the whole of the activity of a given entity, but only the scope of it in which are used the state property "- writes the Polish National Foundation.

Based on the final judgment of the Warsaw Voivodship Administrative Court, the foundation argues that "the donated property becomes the property of the purchaser, the property brought by the state to cover the founding fund or the capital of the company cease to be a property of the state – they become the property of the entity (…) An entity does not have to return it and can dispose of it. "

3. The Supreme Audit Office may also control the activities of other organizational units and business entities (contractors) to the extent that they utilize state or municipal assets or resources and abide by financial obligations to the state, including:
1) perform tasks ordered or entrusted by the state or the local government;
2) award public contracts for the benefit of the state or local self-government;
3) organize or carry out intervention work or public works;
4) operate with the participation of the state or local authorities, they use state or local government assets, including funds allocated on the basis of international agreements;
5) use individually any assistance, security or guarantee provided by the State, local authorities or entities specified in the law of May 8, 1997 on security interests and guarantees granted by the Treasury and certain persons Morales (Journal of Laws of 2003 No. 174, item 1689, as amended);
5a) grant or benefit from public assistance, subject to supervision as defined by separate regulations;
6) perform tasks in the field of general health insurance;
7) to respect the obligations to which the law of August 29, 1997 – Ordinance on Taxes (Journal of Laws of 2005 No. 8, point 60, as amended) apply, the other budgetary claims apply. , extrabudgetary economy and state-reserved funds as well as cash benefits to the State resulting from civil law relationships.

Supreme Chamber of Control Act, s. 2, para. 3

"The effects of our actions are welcomed"

PFN writes in a statement that "the issue of control of the situation has been the subject of discussions between the Supreme Audit Office and the Foundation during the audit of state-owned enterprises (…), which was reflected at the end of the audit and post audit conclusions not addressed to the management of the Foundation and representatives of the founders ".

"Until now, the NIK has not questioned the position," reads in PFN.

"The effects of the operation of PFN are widely perceived in the public space and positively" – concludes the statement of the foundation.

SEE THE COMPLETE POSITION OF THE POLISH NATIONAL FOUNDATION >>

The party Razem i Nowoczesna wanted control last year

A common and modern party was launched last September to take control measures regarding the financing of the "Fair Courts" campaign.

The control of the Polish National Foundation was then announced by NIK President Krzysztof Kwiatkowski.

– We are preparing information on when we will start monitoring the Polish National Foundation – said Kwiatkowski.

Author: akr // rzw // kwoj
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Source: tvn24

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