Assessment of conformity to the Constitution of the provisions of the Act – Electoral Code Cover Image

Ocena zgodności z Konstytucją przepisów ustawy – Kodeks wyborczy
Assessment of conformity to the Constitution of the provisions of the Act – Electoral Code

Author(s): Tomasz Esmund
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: Electoral Code; Constitutional Tribunal; Marshal of the Sejm;

Summary/Abstract: The position of the Sejm refers to application of the Marshal of the Sejm initiating proceedings before the Constitutional Tribunal. The position of the Sejm it was stated that the questioned provision of the Act – Electoral Code, in so far as it limits the competence of the Marshal of the Sejm to change the date of presidential elections after an occurrence of unpredictable, extraordinary circumstances hindering or preventing the holding of elections on the originally scheduled date, is unconstitutional. According to the applicant, the challenged provision violates the Constitution because it introduces additional, non-constitutional deadlines binding the Marshal of the Sejm in ordering elections to the office of the President of the Republic of Poland. It also excludes the constitutional competence of the Marshal of the Sejm to change the date of these elections and limits the possibility of ordering presidential elections by indicating a statutory holiday.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 277-290
  • Page Count: 14
  • Language: Polish