Wybrane zagadnienia dotyczące stwierdzenia ważności wyboru Prezydenta RP przez Izbę Kontroli Nadzwyczajnej i Spraw Publicznych Sądu Najwyższego
Selected issues concerning the adjudication upon the validity of the election of the President of the Republic of Poland by the Extraordinary Review and Public Affairs Chamber of the Supreme Court
Author(s): Piotr RadziewiczSubject(s): Constitutional Law, International Law, Electoral systems
Published by: Kancelaria Sejmu
Keywords: elections; president; Supreme Court; National Electoral Commission; Constitution;
Summary/Abstract: The report of the National Electoral Commission on the election of the President of the Republic of Poland does not affect the presumption of validity of the election of the President and does not change the burden of proof in court proceedings. This is an official document of the electoral authority responsible for conducting elections, which will be reviewed by the Supreme Court. Only the comments and arguments contained in the National Electoral Commission's report, if the Supreme Court agrees with them, may influence the merits of the case concerning the adjudication upon the validity of the election of the President. The constitutional status of the Extraordinary Review and Public Affairs Chamber of the Supreme Court regarding the adjudication upon the validity of the election of the President has not been challenged from the standpoint of the national constitutional law. Answering the question of whether the obligation to conduct a procedure of adjudication upon the validity of the election of the President of the Republic of Poland by this Chamber falls within the scope of EU law will be of fundamental importance.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 2025
- Issue No: 87
- Page Range: 145-157
- Page Count: 13
- Language: Polish
