Pozbawienie partii politycznej prawa do otrzymywania subwencji – pytanie prawne Sądu Najwyższego (sygn. akt P 8/17), dotyczące ustawy o partiach politycznych
The loss of the right to recive the subsidy – the Supreme Court’s question of law (ref. no. P 8/17), concerning the Act on Political Parties

Summary/Abstract: The Supreme Court’s question of law concerns conformity to the Polish Constitution of provisions providing an obligation of the National Electoral Commission to reject a political party’s financial report in any case when financial resources of the party have been collected or spent for election campaigns with an omission of the Election Fund, notwithstanding circumstances, reasons and scale of the infringement of provisions regulating the financing of electoral campaigns. The draft’s author claims that the rule in question does not conform to the principle of proportionality of legislative measures in relation to the expected aims of regulation, flowing from Article 2 of the Polish Constitution. With regard to the assessment of constitutionality of sanction for violation of rules concerning financing of electoral campaigns, i.e. the loss of the right to receive the subsidy within the following 3 years, during which the party is entitled to receive it, the author is of the opinion that this provision conforms to the ne bis in idem principle set out in Article 2 of the Constitution, as well as to the constitutional principle of freedom for the creation and functioning of political parties.

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