Legal expertise on the Resolution No. 129/2020  of the National Electoral Commission of 10 May 2020 Cover Image

Ekspertyza prawna w sprawie Uchwały nr 129/2020 Państwowej Komisji Wyborczej z dnia 10 maja 2020 r.
Legal expertise on the Resolution No. 129/2020 of the National Electoral Commission of 10 May 2020

Author(s): Dariusz Dudek
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
Published by: Kancelaria Sejmu
Keywords: Constitution; Electoral Code;sources of law;National Electoral Commission;election of the President

Summary/Abstract: The author of the expertise analyses in detail the content of the Resolution No. 129/2020 of the National Electoral Commission (PKW) of 10 May 2020 and its legal consequences for the election of the President of the Republic of Poland, in the context of the regulation of the Polish Constitution and the Electoral Code. This Resolution was in fact an act supplementing the binding legal regulations, not directly provided for in the Polish legal system, and constituted a quasi-source of law. In the existing crisis reality of the COVID-19 pandemic, the impossibility of holding the presidential election on the originally ordered date of 10 May 2020, the Resolution enabled the Speaker of the Sejm to re-order and legally conduct the elections on the new date. The condition for its implementation was the publication in the Journal of Laws, which the author recommended.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 223-242
  • Page Count: 20
  • Language: English, Polish