Objęcie prawem Unii Europejskiej oraz Europejską Konwencją Praw Człowieka przepisów ustawowych dotyczących stwierdzenia ważności wyborów do Sejmu i Senatu oraz wyboru Prezydenta RP
Coverage by European Union law and the European Convention on Human Rights of statutory provisions concerning the adjudication upon the validity of elections to the Sejm and the Senate and election of the President of the Republic of Poland

Summary/Abstract: The authority adjudicating upon the validity of elections to the Sejm and the Senate should meet the requirements of an impartial authority, independent in particular from the Sejm and the Senate. Such a requirement is not met, within the meaning of the Court of Justice of the European Union, by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court. However, with the exception of preliminary rulings in specific cases, the CJEU judgments are not self‑executing in the law of the Member States, similarly to the judgments of the European Court of Human Rights. They require legal implementation in Poland (determination of the status of judges, determination of the jurisdiction of the Chamber). Until the law is amended, the Chamber continues to operate and its decisions remain in force, despite their defectiveness.

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