Protesty wyborcze w wyborach samorządowych – postulaty de lege ferenda
- Institution: Akademia Leona Koźmińskiego w Warszawie
- ORCID: https://orcid.org/0000-0003-1728-3361
- Year of publication: 2023
- Source: Show
- Pages: 105-117
- DOI Address: https://doi.org/10.15804/ppk.2023.02.08
- PDF: ppk/72/ppk7208.pdf
Protests in Local Elections – Postulates de lege ferenda
The aim of the study is to present the problems related to the auxiliary application of the provisions of the Code of Civil Procedure in electoral protest cases. Selective application of the provisions of the Civil Procedure Code by courts confuses voters and has a negative impact on their confidence in the institution of protest. An example may be the application by courts of the provisions on instruction deadlines in appeal proceedings. Similarly problematic is the assumption that the deadline for submitting a protest is a strict deadline with a simultaneous distinctness in the manner of its behavior compared to the Code of Civil Procedure. The introduction of a separate procedure regime and the ordering of the rules concerning the procedure in electoral protest will facilitate the work of courts and the access to this institution for voters.