Skarga konstytucyjna jako instrument ochrony praw wyborczych jednostki – uwagi na tle skarg konstytucyjnych rozpatrywanych przez Trybunał Konstytucyjny w latach 2012–2023

Author: Anna Michalak
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.

Struktura syntaktyczno-chronologiczna artykułu 10 ustęp 2 Konstytucji a legitymizacja wyborcza władzy Prezydenta Rzeczypospolitej

Author: Piotr Chrobak
Institution: Uniwersytet Szczeciński
ORCID: https://orcid.org/0000-0002-6408-9396
Author: Adam Kurek
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”.

The Concept of Electoral Process in the Light of the Electoral Code of Ukraine and Ukrainian Doctrine

Author: Krzysztof Eckhardt
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.

Wybory w sytuacjach kryzysowych. Studium przypadku Wielkiej Brytanii w 2021 r.

Author: Tomasz Czapiewski
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.

Obywatelskie kompetencje polityczne

Author: Danuta Plecka
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
Author: Agnieszka Turska-Kawa
Institution: Uniwersytet Śląski
Author: Waldemar Wojtasik
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.

Odpowiedzialność pełnomocnika finansowego komitetu wyborczego za korzyści majątkowe przyjęte przez komitet wyborczy z naruszeniem prawa

Author: Jan Podkowik
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.

Glosa do postanowienia Sądu Najwyższego z 7 września 2023 r., sygn. akt I NSW 15/23

Author: Agata Pyrzyńska
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.

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