Legal opinion on the recommendations made by the Venice Commission regarding elections in states of emergency and their importance for the 2020 presidential election in Poland Cover Image

Opinia prawna w sprawie rekomendacji Komisji Weneckiej dotyczących wyborów w stanach nadzwyczajnych i ich znaczenia dla wyborów prezydenckich w Polsce w 2020 r.
Legal opinion on the recommendations made by the Venice Commission regarding elections in states of emergency and their importance for the 2020 presidential election in Poland

Author(s): Dariusz Dudek
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Government/Political systems
Published by: Kancelaria Sejmu
Keywords: Constitution; presidential election; state of emergency;Venice Commission;COVID-19 pandemic; principles of democracy and rule of law

Summary/Abstract: The author presents a constitutional regulation of the Polish model of presidential election and states of emergency and relates them to the specific situation of the COVID-19 pandemic in 2020. Then, he analyses in detail the content of the recommendations of the European Commission for Democracy through Law (Venice Commission) of 26 May 2020 (Respect for Democracy, Human Rights and the Rule of Law during States of Emergency – Reflections), regarding the elections in states of emergency and its significance for the presidential election in Poland in 2020. The opinion positively evaluates all the Commission’s recommendations and considers that the existing and new exceptional Polish electoral law regulations respecting the principles of democracy and rule of law are fully complaint with them.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 243-265
  • Page Count: 23
  • Language: English, Polish