One of these powers is the right to summon individuals for questioning when there is a belief that they have information potentially useful to establish the facts within the scope of operations of the audited entities.
The Supreme Audit Office used that right and summoned Elżbieta Witek, Marshal of the Sejm of the Republic of Poland, and Mariusz Kamiński, Minister of the Interior and Administration, Coordinator of Special Services, as witnesses.
The abovementioned individuals failed to comply with the obligation to appear at NIK as required by the Act on NIK. Ms Elżbieta Witek failed to discharge this obligation three times and did not appear at the summons of the Supreme Audit Office. Fines were imposed on Ms Elżbieta Witek for her failure to appear for questioning as a witness. The Marshal of the Sejm filed complaints against the decisions imposing fines on her and then lodged appeals with the Provincial Administrative Court in Szczecin. At least in one case a judgment has already been issued dismissing the appeal against the fine.
A similar sequence of events occurred in the case of Mr Mariusz Kamiński, Minister of the Interior and Administration, who appealed against the fine. The Provincial Administrative Court in Warsaw did not agree with Mr Kamiński and dismissed his appeal. In the reasons for the judgement the Court stated that the obligation to appear should be considered as binding, and which may not be fulfilled only in strictly defined, objective circumstances that did not occur in this particular case. Claiming that a witness was not informed in a given case and therefore is not obliged to appear for questioning clearly contradicts the applicable laws and the case law. The Provincial Administrative Court in Warsaw confirmed that a person summoned as a witness is absolutely obliged to appear.
The Supreme Audit Office will consistently, in accordance with the law and procedures, take subsequent measures to ensure transparency in the functioning of public entities.
