Uwagi o potrzebie nowelizacji artykułów 201 i 203 Kodeksu wyborczego
- Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- ORCID: https://orcid.org/0000-0001-7010-134X
- Year of publication: 2024
- Source: Show
- Pages: 27-41
- DOI Address: https://doi.org/10.15804/ppk.2024.05.02
- PDF: ppk/81/ppk8102.pdf
Comments on the Need to Amend Articles 201 and 203 of the Electoral Code
This article is devoted to proposals to amend Art. 201 and 203 of the Electoral Code. Currently, according to Art. 203, the change of the number of parliamentary seats in the constituebcies depends on the decision of the Sejm, which makes the changes on the motion of the State Election Commission. However, in practice, the Sejm may ignore this motion, thus violating the principle of equality of elections, as happened before the 2023 elections. Therefore the regulation of this issue should be entrusted to the President. Furthermore, the article draws attention to the fact that the minimum size of an electoral constituency in Sejm elections (7 seats) provided in Art. 201 is too low due to the high natural electoral threshold. It is therefore proposed that the smallest constituencies should comprise at least 14 seats, as only in such a constituency does the natural threshold equalise with the statutory threshold.