- Author:
Anna Michalak
- E-mail:
amichalak@wpia.uni.lodz.pl
- Institution:
Uniwersytet Łódzki
- ORCID:
https://orcid.org/0000-0001-7430-5817
- Year of publication:
2023
- Source:
Show
- Pages:
137-150
- DOI Address:
https://doi.org/10.15804/ppk.2023.05.10
- PDF:
ppk/75/ppk7510.pdf
A Constitutional Complaint as an Instrument for Protecting Individual Electoral Rights – Comments in the Context of Constitutional Complaints Considered by the Constitutional Tribunal in 2012–2023
It seems that currently any attempt to undertake a substantive assessment of the activity of the Polish Constitutional Tribunal, especially after 2015, is doomed to the need to address the problem of the ongoing constitutional crisis in Poland. Nevertheless, the analysis of statistical data allows us to put forward the thesis that the “popularity” of the constitutional complaint as a means of protecting individual freedoms and rights – at least seemingly – has not been completely wasted even in these difficult conditions. It can be concluded that a constitutional complaint is not a commonly used instrument for the protection of an individual’s electoral rights. Nevertheless, given the constitutional problems raised in the constitutional complaints, the structure of this instrument of protection of the constitutional freedoms and rights of the individual prevents effective protection (ie. the possibility of restoring) the infringed electoral rights of the individual.
- Author:
Piotr Chrobak
- E-mail:
piotr.chrobak@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-6408-9396
- Author:
Adam Kurek
- E-mail:
adamandrzejkurek@gmail.com
- Institution:
Instytut Nauk Prawnych PAN
- ORCID:
https://orcid.org/0009-0005-9038-6975
- Year of publication:
2023
- Source:
Show
- Pages:
229-241
- DOI Address:
https://doi.org/10.15804/ppk.2023.05.16
- PDF:
ppk/75/ppk7516.pdf
The Syntactic and Chronological Structure of the Article 10 section 2 of the Constitution and Voting Legitimacy of Governments of the President of the Republic of Poland
The subject of the foregoing considerations will be the adequacy of constitutional and political competences of the President to the investiture method of a given person assigned to act in this office. Political and legal view of this issue will comprise, in particular, reflection on the division of powers, the impact that citizens may have on the state, the analysis of relations between entitlements and elections, as well as the study of opinions in the referred scope. The aspects of the states of emergency have been omitted here. In the article uses formal-dogmatic, comparative, and historical method. The aim of limiting the President’s influence on politics is to maintain state balance. However, according to the syntactic and chronological construction of the Art. 10 sec. 2 of the Constitution, the institution of the President should be strengthened so that it would be a real organ of the „first place”.
- Author:
Krzysztof Eckhardt
- E-mail:
krzysztofeckhardt@gmail.com
- Institution:
WSPiA University of Rzeszów
- ORCID:
https://orcid.org/0000-0003-3338-9836
- Year of publication:
2023
- Source:
Show
- Pages:
255-266
- DOI Address:
https://doi.org/10.15804/ppk.2023.05.18
- PDF:
ppk/75/ppk7518.pdf
The aim of this paper is to outline an analysis of the codal formulation and doctrinal interpretation of the concept of electoral process in Ukraine. The author analyzes the concept of electoral process, its temporal, subjective and procedural aspects. He also presents the regulations of the Electoral Code of Ukraine on the principles of electoral process. A properly regulated electoral process is the starting point in any democratic state for holding free and fair elections with effective public scrutiny. In Ukraine, this is extraordinarily important for a number of reasons. The provisions of the Election Code passed in 2019 have never been applied in parliamentary or presidential elections to date, and therefore their evaluation is possible only from a doctrinal point of view, and the views of Ukrainian doctrine are the most significant on this issue for obvious reasons.
- Author:
Tomasz Czapiewski
- E-mail:
tomasz.czapiewski@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-7861-8455
- Year of publication:
2023
- Source:
Show
- Pages:
95-114
- DOI Address:
https://doi.org/10.15804/ksm20230407
- PDF:
ksm/40/ksm4007.pdf
Elections in the Time of Crisis. Case Study of the United Kingdom in 2021
The text analyzes the 2021 elections in Great Britain, taking place during the COVID-19 pandemic. Attention is focused on the adaptive measures taken to maintain electoral integrity despite the health crisis. The author emphasizes that the pandemic forced a reevaluation of electoral norms and practices, prompting innovation. The article explores ten key areas, including: special voting arrangements, organization of elections, sanitary and epidemiological restrictions, changes in the structure of electoral administration, as well as the impact of the pandemic on the election campaign and turnout. Critical attention is drawn to the too late start of legislative and organizational preparations for the postponed elections by the central authorities.
- Author:
Danuta Plecka
- E-mail:
danakar@umk.pl
- Institution:
Uniwersytet Mikołaja Kopernika w Toruniu
- Author:
Agnieszka Turska-Kawa
- E-mail:
agnieszka.turska-kawa@us.edu.pl
- Institution:
Uniwersytet Śląski
- Author:
Waldemar Wojtasik
- E-mail:
waldemar.wojtasik@us.edu.pl
- Institution:
Uniwersytet Śląski
- Year of publication:
2013
- Source:
Show
- Pages:
73-97
- DOI Address:
https://doi.org/10.15804/kie.2013.03.04
- PDF:
kie/96/kie9604.pdf
Civil Political Competences
Building and maintaining a high level of citizens’ political competences is the most important challenge of modern democracies. Political competence is not only a testament to the quality of democracy, but also gives hope for the stability of the regime. The subject of the present article are the different dimensions of civic political competence – namely, the axiological, psychological and systemic dimension. This approach to the matter allows to present a comprehensive overview of the phenomenon, analyzed both from the perspective of citizens – their skills, abilities and knowledge which can all be utilized to build and shape socio-political democratic structures, as well as from the point of view of wider social and systemic structures in which an individual operates. The elements named above together form the internal structure of civic political competence, wherein all its dimensions interact dynamically, and change thanks to this very interaction.
- Author:
Jan Podkowik
- E-mail:
j.podkowik@wpia.uw.edu.pl
- Institution:
Uniwersytet Warszawski
- ORCID:
https://orcid.org/0000-0001-6410-6822
- Year of publication:
2023
- Source:
Show
- Pages:
43-59
- DOI Address:
https://doi.org/10.15804/ppk.2023.06.03
- PDF:
ppk/76/ppk7603.pdf
The Responsibility of the Financial Representative of an Electoral Committee for Illegal Financial Benefits Obtained by the Electoral Committee
The paper discusses the question of the nature of the forfeiture of the equivalent of a material benefit, as provided for in the Electoral Code, applied to the financial representative of the committee, and whether and under what conditions this regulation can be considered constitutionally permissible. This issue has not been the subject of extensive doctrinal analysis but is of practical importance. The article discusses the purpose of financing party electoral committees exclusively through the party’s electoral fund, as well as the reasons for introducing the discussed solution into the Electoral Code. Then, guided by the proportionality test developed by the Constitutional Tribunal, an assessment of the usefulness, necessity, and proportionality sensu stricto was carried out. This analysis led to the conclusion that the provisions establishing financial liability for the financial representative are indeed restrictive, but in the existing normative environment, they may be considered as meeting constitutional requirements.
- Author:
Agata Pyrzyńska
- E-mail:
agata.pyrzynska@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-4573-4310
- Year of publication:
2024
- Source:
Show
- Pages:
305-317
- DOI Address:
https://doi.org/10.15804/ppk.2024.01.23
- PDF:
ppk/77/ppk7723.pdf
Gloss to the Decision of the Supreme Court of September 7, 2023, file ref. no. I NSW 15/23
On 7 September 2023, the Polish Supreme Court issued a decision on the complaint filed under Art. 161a Polish Electoral Code to the information from the National Electoral Commission of 30 August 2023, regarding the scope of powers of persons of trust and social election observers. Based on the decision of the Supreme Court, there are two fundamental issues that require consideration. Firstly, is the position of the Supreme Court correct, according to which the information of the NEC of 30 August 2023, which does not have the form of a resolution of the NEC, may be treated as an act subject to appeal under Art. 161a E.C. Secondly, does the Supreme Court rightly conclude that pursuant to Art. 103b § 1 point 1 of the E.C. in connection with Art. 103c § 2 of the E.C. it can be concluded that persons of trust and social observers have the right to observe other activities of district electoral commissions apart from the procedure of adopting voting protocols, determining voting and election results and preparing protocols. In order to find answers to the above questions, a formal legal method was used and the achievements of case law and literature were analyzed.
- Author:
Radosław Zych
- E-mail:
radoslaw.zych@usz.edu.pl
- Institution:
University of Szczecin
- ORCID:
https://orcid.org/0000-0002-1221-9136
- Year of publication:
2024
- Source:
Show
- Pages:
136-156
- DOI Address:
https://doi.org/10.15804/rop2024108
- PDF:
rop/27/rop2708.pdf
This paper analyses the concept of critical infrastructure (CI) in the context of electoral process organization. I will determine whether the seats of circuit electoral commissions (CECs) meet the relevant criteria. How can such facilities be effectively protected? What does international, European, and national law prescribe in this regard? I will examine doctrine and the provisions of the current legal system, including the documents of the National Electoral Commission (NEC). I adopt the statutory1 assumption whereby critical infrastructure should be understood as systems and their functionally interdependent facilities, including buildings, equipment, installations and services that are essential to the security of the state and its citizens, serving to ensure the proper functioning of public administration bodies, institutions and entrepreneurs. Critical infrastructure is comprised of systems which, for example, ensure the continuity of public administration.
- Author:
Marek Salamonowicz
- E-mail:
m.salamonowicz@ukw.edu.pl
- Institution:
Uniwersytet Kazimierza Wielkiego w Bydgoszczy
- ORCID:
https://orcid.org/0000-0001-6934-2154
- Year of publication:
2024
- Source:
Show
- Pages:
199-217
- DOI Address:
https://doi.org/10.15804/ppk.2024.03.15
- PDF:
ppk/79/ppk7915.pdf
The Scope of Regulatory Autonomy of Public Universities Regarding the Election of Members of the Electoral College
The article analyses the scope of regulatory autonomy of public universities in the subject of organization and conduct of elections of members of the electoral college. The dogmatic- legal analysis covers primarily the statutory framework contained in the provisions of the Act on Higher Education and Science and election regulations of selected public universities. The following issues were considered: the forms of regulation of the election of the members of the college of electors, the active and passive electoral right in the election of electors, the distribution of electoral mandates and the composition of the college of electors, the principles of voting. It was found that universities use varied methods for the distribution of electoral seats, with a variable number of seats in proportion to the number of eligible voters being optimal. Restrictions on passive electoral rights that are implemented under regulatory autonomy in some universities were identified.
- Author:
Arkadiusz Lewandowski
- Institution:
Uniwersytet Kazimierza Wielkiego w Bydgoszczy
- ORCID:
https://orcid.org/0000-0002-8161-2257
- Author:
Dawid Pieniężny
- Institution:
Uniwersytet Wrocławski
- ORCID:
https://orcid.org/0000-0003-3528-1351
- Year of publication:
2024
- Source:
Show
- Pages:
68-90
- DOI Address:
https://doi.org/10.15804/athena.2024.81.04
- PDF:
apsp/81/apsp8104.pdf
Difficult parliamentary beginnings? ‘Rookie MPs’ in Poland of the 9th and 10th term on the electoral lists
This article presents statistical data on the ‘rookie MPs’ of the 9th and 10th Sejm of the Republic of Poland. The authors, by means of a statistical analysis of the election results, point out the factors that make it possible to win a parliamentary seat for the first time and the prospect of retaining it in the next term. Three groups of MPs were analysed: rookies winning their MPs mandate for the first time in 2019, 2019 rookies seeking reelection in 2023 and rookies winning their MPs mandate for the first time in 2023. The analysis carried out in this way made it possible to identify the determinants of winning a mandate and possibly retaining it. Based on the research, it can be concluded that is the place on the electoral list that is important for first-time electoral success.