Confirmation of the validity of local elections, electoral protests Cover Image

Stwierdzenie ważności wyborów samorządowych, protesty wyborcze
Confirmation of the validity of local elections, electoral protests

Author(s): Joanna Kielin-Maziarz
Subject(s): Constitutional Law, Electoral systems
Published by: Łódzkie Towarzystwo Naukowe
Keywords: lection law; electoral protest; declaration of the validity of elections;

Summary/Abstract: The article is an attempt to comprehensively present the Polish regulation regarding electoral protests and the declaration of invalidity of local elections. In addition to discussing the regulations, it also presents the main problems concerning the procedure of electoral protest, which seem to result from the selective application of the Code of Civil Procedure and from the distinction between the electoral procedure and the related principle of speed of proceedings and the practice of civil court proceedings. The issue related to this is the problem of the deadline for filing a protest. It is assumed that this is a mandatory date, and giving it to a protest at the public operator’s facility does not mean that it complies with this deadline. A discrepancy with the regulation of the Civil Procedure Code is the cause of difficulties in its proper behavior. Conclusions therefore include a proposal to introduce a separate regime for dealing with cases of electoral protest, which would undoubtedly increase citizens’ trust in this institution.

  • Issue Year: 2022
  • Issue No: 34
  • Page Range: 37-65
  • Page Count: 29
  • Language: Polish