Państwowa Komisja Wyborcza

  • Uwagi w sprawie propozycji zmian Kodeksu wyborczego

    Author: Łukasz Buczkowski
    E-mail: lxb@wp.pl
    Institution: Państwowa Wyższa Szkoła Informatyki i Przedsiębiorczości w Łomży
    Year of publication: 2018
    Source: Show
    Pages: 103-130
    DOI Address: https://doi.org/10.15804/ppk.2018.03.04
    PDF: ppk/43/ppk4304.pdf

    The aim of the article is to present some selected proposals for changes within the Polish electoral law, which – despite the fact that they were formulated by the doctrine of constitutional law and international organizations overseeing the correctness of the election process and were raised in the legislative process – in most cases – have not yet been reflected in subsequent amendments to the Electoral Code. The analysis included the proposals reported by the National Electoral Commission regarding the changes in the provisions of the Code relating to the voting lists, the introduction into the Polish legal order of the national institutions the independent election observers, the admissibility of bringing an appeal to the court against the decisions of the National Electoral Commission, and some cyclical demands to abolish the election silence. The assessment of the indicated issues was made in the light of the OSCE’s position, the science of law, the decisions of the Constitutional Court and the proposed amendment bills to the electoral law.

  • Administracja wyborcza w Polsce od 1918 do 1991 r.

    Author: Paweł Jakubowski
    Institution: Uniwersytet Marii Curie - Skłodowskiej w Lublinie
    Year of publication: 2014
    Source: Show
    Pages: 29-52
    DOI Address: https://doi.org/10.15804/ppk.2014.04.02
    PDF: ppk/20/ppk2002.pdf

    This article present the origins of contemporary election administration bodies and their evolution during the twentieth century in Poland. The paper elaborate institutions organizing elections in the Second Republic, the Polish People’s Republic, and in the early period of the Third Republic of Poland. The key authorities at that time were the National Electoral Commission and the General Electoral Commissioner at the central level and provincial and district electoral commissions. The author have discuss the operation of the electoral authorities based on existing in those days electoral law. The article describes the tradition of election administration in Poland and simultaneously exposes the policies of individual governments to bodies, which was set up to guard the freedom and integrity of electoral procedures. Without a shadow of a doubt, the experience accumulated in the years 1918–1991 led to the creation of one of the best functioning institutions, which is nowadays the basis of democracy in the Third Republic of Poland.

  • Achievements and Challenges of the Contemporary Polish Electoral Law

    Author: Łukasz Buczkowski
    E-mail: lxb@wp.pl
    Institution: Państwowa Wyższa Szkoła Informatyki i Przedsiębiorczości w Łomży
    ORCID: https://orcid.org/0000-0002-0147-4721
    Year of publication: 2019
    Source: Show
    Pages: 125-143
    DOI Address: https://doi.org/10.15804/ppk.2019.05.09
    PDF: ppk/51/ppk5109.pdf

    The aim of the article is to present recent amendments to the Electoral Code respect- ing constitutional right to a court and to describe some selected proposals for chang- es within the Polish electoral law, which – despite the fact that they were formulated by the doctrine of constitutional law and were raised in the legislative process – in cer- tain cases have not yet been reflected in subsequent amendments to the Electoral Code. The analysis included the admissibility of bringing an appeal to the court against the decisions of the National Electoral Commission and some cyclical demands to abol- ish the election silence. The assessment of the indicated issues was made in the light of the science of law, the decisions of the Constitutional Court and the proposed amend- ment bills to the electoral law.

  • Changing the Model of the Polish Electoral Administration

    Author: Jacek Sobczak
    E-mail: jmwsobczak@gmail.com
    Institution: University of Economics and Humanities in Warsaw
    ORCID: https://orcid.org/0000-0002-2231-8824
    Year of publication: 2020
    Source: Show
    Pages: 69-82
    DOI Address: https://doi.org/10.15804/ppk.2020.06.05
    PDF: ppk/58/ppk5805.pdf

    The conduct of free elections depends to a large extent on the efficient functioning of electoral bodies. The doctrine distinguishes a number of models of functioning of election administration bodies. The standards of functioning of electoral bodies at the European level are defined by the standards of the Venice Commission, and in particular the Code of Good Practice in Electoral Matters. In Poland, after World War II, the adopted model of election administration did not meet democratic standards. It was only after 1990 that the State Election Commission was established as a permanent body consisting exclusively of judges of the Supreme Court, Constitutional Tribunal and Supreme Administrative Court. This concept was abandoned in an atmosphere of massive criticism of the judiciary. Although the model adopted now does not directly violate international standards, it seems to be a step backwards from the regulations existing after 1990.

  • Pozawyborcze zadania Państwowej Komisji Wyborczej

    Author: Ryszard Balicki
    E-mail: ryszard.balicki@uwr.edu.pl
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0002-9192-908X
    Year of publication: 2021
    Source: Show
    Pages: 95-109
    DOI Address: https://doi.org/10.15804/ppk.2021.02.06
    PDF: ppk/60/ppk6006.pdf

    Non-electoral tasks of the National Electoral Commission

    Apart from its main functions connected with preparing and holding elections, the Na- tional Electoral Commission has to fulfill many other tasks entrusted to it both by the Election Code and by many other acts. Therefore, we can divide these tasks into two cat- egories: the tasks of an electoral nature and the tasks of a non-electoral nature. The arti- cle presents the tasks carried out by the National Electoral Commission in the non-elec- toral sphere. Among them there are also particularly significant issues connected with financing the politics, both in terms of considering the reports of political parties and electoral committees. The wide scope of tasks performed by the National Electoral Com- mission, including those that have a direct impact on the shaping of Polish democrat- ic system substantiate the thesis about the necessity of constitutionalization of the Na- tional Electoral Commission.

  • Problem podstaw i trybu odrzucenia sprawozdania finansowego komitetu wyborczego

    Author: Maria Gołda-Sobczak
    E-mail: mgolsob@amu.edu.pl
    Institution: Uniwersytet im. Adama Mickiewicza w Poznaniu
    ORCID: https://orcid.org/0000-0002-3854-7007
    Year of publication: 2021
    Source: Show
    Pages: 111-124
    DOI Address: https://doi.org/10.15804/ppk.2021.02.07
    PDF: ppk/60/ppk6007.pdf

    The problem of the grounds and procedure for rejecting the financial statements of the election committee

    Financial statement is an important element in checking the compliant financing of an election campaign. According to the Election Code, the financial representative of the election committee should submit to the election body to which the election committee previously submitted a notification of its establishment, a financial report on the com- mittee’s revenues, expenses and liabilities, including bank loans obtained and loans con- ditions. In this situation, the financial statement may be submitted to the National Elec- toral Commission as well as to other election bodies. However, if the report was rejected by the election commissioner, the financial representative may appeal against such de- cision to the District Court. Judicial practice shows that it was disputed whether a com- plaint could be brought in a situation where the report was accepted, but at the same time the identified shortcomings were identified. The content of the obligatory statuto- ry grounds for rejecting the report was also questioned.

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