Problemy orzecznictwa Sądu Najwyższego związanego z wyborami parlamentarnymi z 2011 r.
Key Problems in the Case Law of the Supreme Court related to the Parliamentary Election of 2011

Summary/Abstract: The parliamentary election of 2011 was the fi rst Polish elections carried out in accordance with theprovisions of the Electoral Code which entered into force on 1 August 2011 and replaced previousnumerous legislative acts governing the electoral law, including the Act on Elections to the Sejm andto the Senate. The examination of electoral complaints, filed in connection with these elections, revealedthe first major problems in the case law of the Supreme Court concerning the interpretationof the provisions of the Code. The author presents these problems taking into account the criticismof the Supreme Court formulated by the National Electoral Commission, the Public Prosecutor General,as well as legal academics interested in electoral studies. The culmination of this presentationis the author’s proposal that the necessary amendments be made to the provisions of the ElectoralCode in relation to the problems that emerged in the current practice of their application. The authoralso provides an assessment of draft legislation, currently being before Parliament, which affect thoseissues, and an assessment of the latest amendments to the Electoral Code introduced by the Act of11 July 2014 insofar as they relate to the issues discussed.

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