Gloss to the judgment of the Polish Supreme Administrative Court of October 24, 2018 in the case file ref. no. II OW 145/18 Cover Image

Glosa do postanowienia Naczelnego Sądu Administracyjnego z dnia 24 października 2018 r. w sprawie o sygn. akt II OW 145/18
Gloss to the judgment of the Polish Supreme Administrative Court of October 24, 2018 in the case file ref. no. II OW 145/18

Author(s): Adrian Perz
Subject(s): Constitutional Law, Electoral systems, Administrative Law
Published by: Łódzkie Towarzystwo Naukowe
Keywords: election law; administrative procedure code; voter register; complaint;

Summary/Abstract: The gloss is an expression of approval for the judgment that the provisions of the Code of Administrative Procedure do not apply to the complaint procedure for irregularities in the voter register. The complaint should be examined in accordance with the provisions of the Electoral Code due to the lack of provisions referring to the application of the Code of Administrative Procedure. Adopting a possible analogy with cases in the field of population records or ID cards would be a clear violation of the principle of legality, thus undermining the trust of citizens in public authorities, which should act within the clearly assigned competences, in the forms provided for by law, based on dedicated procedures.

  • Issue Year: 2022
  • Issue No: 34
  • Page Range: 119-131
  • Page Count: 13
  • Language: Polish
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