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.

Current Limitations and Possible Ways to Increase the Level of Representativeness of Elections to the Sejm of the Republic of Poland

The problem of distortion of the representativeness of elections to the Sejm of the Republic of Poland is widely noticed. Now, the vote of the inhabitants of one constituency may weigh less that in another. The aim of this paper is to present de lege ferenda postulates to increase the level of representativeness of Sejm elections. The authors carry out a legal analysis and a classical systemic analysis, pointing out the deficiencies of the current electoral system and proposing solutions. There are research questions: (1) Does the current electoral system ensure that elections to the Sejm are truly representative? (2) Is it possible to ensure that elections to the Sejm are truly representative? The conclusions of the analysis show that the problem under study appears to be increasingly serious for the democracy and civil society, but there are legal solutions that can increase the level of representativeness of Sejm elections.

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.

Institutions of social control of the electoral process after the amendments to the electoral code in 2023

The aim of the work is to analyze the status, tasks and powers of entities implementing social control of the electoral process after the changes introduced by the Act of 26 January 2023 amending the Act – Electoral Code. The analysis of the adopted solutions allows us to conclude that most of the changes will concern the position of men of trust, i.e. entities related to election committees, and not entities observing the elections in an impartial manner. According to the new regulations, the position of men of trust will be strengthened in relation to independent social and international observers. The question is whether such a direction of changes is aimed at ensuring the transparency and fairness of the electoral process, or whether it is determined by political considerations. The study uses the formal and legal method to examine changes in the legal position of election observers and the empirical method to verify the potential effects of the adopted solutions.

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.

The Quota System and its Relevance in the Context of Women’s Political Participation. The Example of Moldova

Gender equality is one of the fundamental issues of modern democracies and ensuring it, especially in the political sphere, is a key challenge for many countries. In Moldova, a number of legal and institutional mechanisms have been introduced in recent years to increase the representation of women in politics, of which the quota system has become a key tool. One of these is the quota system. Bearing in mind that gender equality is a complex category and reflects a wide spectrum of issues that affect the functioning of women and men, in this article the focus will be exclusively on women’s political participation. The narrowing down of the research process solely to the issue of women’s participation in politics is dictated by the need to conduct analyses taking into account the factors determining women’s participation in politics and to look for effective ways of reducing barriers and restrictions in this area.

Functioning of Precinct Election Commissions in Poland: Challenges Identified in Empirical Research

This article analyses the functioning of the Precinct Election Commissions (PECs) in Poland, focusing on the identification of key problems and errors that may affect the electoral process. The study, conducted in the form of surveys among local government administration staff at the municipal level, revealed areas that require special attention, such as confirming voters‘ identities, adding them to the voters’ register, and correctly filling in election protocols and preparing deposits. The article points out that there are sometimes problems such as committees working too long due to poor organisation, too few members due to resignations and lack of volunteers, and difficulties in finding voters in the register. The article can contribute to the literature on electoral administration by suggesting developments in the optimisation of the electoral process, in particular the training of OKW members