About the Referendum in Poland Once Again – Selected Remarks

Referendums arose the permanent interest of both science and political practice. A lively debate is also ongoing in Poland. The article is devoted to the disputes related to the constitutional referendum, especially the concept of its non-binding character and its prior nature in relation to constitutional amendments, as well as changes in the sphere of local referendums. Particular attention has been also paid to issues concerning the freedom of speech during the referendum campaign and the implementation of referendum results.

Referendum and What’s Next? On the Result of the Nationwide Referendum and Its Effects

In this article, the Author focused on analyzing the consequences of referendum decisions on the basis of Polish constitutional law, including the manner of their implementation into the Polish legal order, if such actions are necessary. He indicates that a significant complication related to the implementation of the referendum result is the inability to directly adopt laws in a referendum in the Polish political system, as well as imprecise regulations contained in the Act on National Referendum. He also states that it is worth considering to define the threshold for the binding nature of the referendum on the basis of the level of support for the winning solution instead of the turnout in the popular vote. This would prevent the tactical absence, which under current conditions may lead to the lack of binding nature of such referendum. The danger is also caused by the lack of a grace period that would not allow for a specified period of time to implement legislative amendments violating the referendum result. This creates an essential fiction of the final result of such a referendum.