Stwierdzenie ważności wyborów na urząd Prezydenta RP
Adjudication upon the validity of the elections for the office of President of the Republic of Poland

Summary/Abstract: The report of the National Electoral Commission (PKW) on the elections for the office of Presidentof the Republic of Poland cannot be treated as a repeal of the PKW resolution declaring the resultsof the presidential election. However, it should be one of the grounds for the Supreme Court’sresolution on the validity of the elections. The Supreme Court should therefore, ex officio, examine(assess) the circumstances presented in the PKW report, which may raise doubts as to the validity ofthe electoral procedure. A finding that the act referred to as a resolution of the Extraordinary Reviewand Public Affairs Chamber is not in fact a decision of the Supreme Court within the meaning ofArticle 129 para. 1 of the Constitution, i.e., an adjudication upon the validity of the election of thePresident in the constitutional sense, would have legal consequences. In the author’s opinion, theproblem is that there is no judicial authority that could rule on this in a binding manner.

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