Zaskarżalność uchwał Państwowej Komisji Wyborczej w trybie art. 161a Kodeksu wyborczego
The appeal against the resolutions of the National Electoral Commission pursuant to Article 161a of the Polish Election Code

Summary/Abstract: The aim of this study is to analyse the operation of a new institution in the form of a complaint by the electoral representative against the resolutions of the National Electoral Commission in the form of guidelines and explanations, as well as to assess the legitimacy of the implementation of this institution into the Polish electoral law. On the one hand, there is no doubt that this solution contributes to the implementation of a long-reported postulate for the decisions of the election administration to be brought under judicial control, and also influences the extension of the catalogue of instruments for social control of the election process. On the other hand, however, it is impossible to analyse a venture of this institution with complete disregard for other conditions of the election process. The analysis is intended to provide an answer to the question of whether the complaint against the resolutions of the National Electoral Commission, as referred to in Article 162a of the Polish Election Code, in its current form is a desirable component of the Polish electoral law, or is it rather an institution limiting the efficiency of the election process. In the study, the construction of Article 161a of the Election Code was examined using a formal and legal method, and the consequences of the application of the new solution in election practice were analysed using an empirical method and the achievements of the doctrine of constitutional law.

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