Konstytucyjny zakaz przeprowadzania wyborów w czasie trwania stanu nadzwyczajnego – kilka wątpliwości
Constitutional ban on holding elections during a period of extraordinary measures - a few doubts

Summary/Abstract: The Constitution of the Republic of Poland of 2 April 1997 introduced to the Polish political system a ban on holding elections and a nationwide referendum in a period when extraordinary measures are introduced, as well as within the period of 90 days following their termination. Such solution is widely accepted in the literature. However, the way it is regulated raises some doubts. The Author attempts to solve some problems concerning the constitutional ban, such as: to clarify the wording used by the legislator — “elections cannot be held”, to explain whether “ordering the elections” means the first step in their“conduct” or maybe “the conduct of elections” is the process following their ordering, to explain whether stopping the election process, which was running before the introduction of extraordinary measures means the “suspension” of electoral activities in order to continue them in future or it means the “cancellation” of existing activities and the need to start the procedure from the very beginning.

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