Kilka uwag o zgodności z Konstytucją RP przepisów art. 38a ust. 2 oraz art. 38d ustawy o partiach politycznych
Few Comments on the Compliance of art. 38a p. 2 and art. 38d of the Ac t on Political Parties with the Constitution of the Republic of Poland

Summary/Abstract: The main problem raised in the article concerns the constitutionality of art. 38a p. 2and art. 38d of the Act on Political Parties. There is no doubt that this regulation cannot be considered compatible with the Constitution of the Republic of Poland. The aforementioned regulation violates the principle of proportionality in connection with the principle of democratic rule of law. The consequences of the temporary loss of budget subsidy rights are solely related to the rejection of the financial information submitted by the political party. Such rejection must occur if at least one of the legal conditions is met. Neither the reasons nor the scale of violations are taken into account. It is difficult to recognize that such configuration is coherent with the aim pursued by the loss of subsidy rights. In suchcase, the repression of sanctions will not always be justified, especially because it could negatively affect the functioning of the party system. It should be also pointed out that the risk of mistakes in financial information is much higher in case of new political parties which do not have appropriately experienced party services.

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