Glosa do postanowienia Sądu Najwyższego z 13 listopada 2019 r., sygn. akt I NSW 152/19
Commentary to the decision of the Supreme Court of 13 November 2019, ref. No. I NSW 152/19

Summary/Abstract: In its decision of 13 November 2019 (ref. No. I NSW 152/19), the Supreme Court noted that a person who is on the list of candidates in the elections to the Sejm and the Senate and ling a protest has to legitimacy thereto if s/he does not simultaneously demonstrate that s/he is a voter. The person ling a protest as a candidate exercising his/her passive voting right does not demonstrate his/her legitimacy to file it per se, as — according to Article 82(2)(3)(5) of the election code — it is vested in a limited group of persons, which does not comprise a candidate to the Sejm. Thus, the candidate is not vested with the right to file an election protest. It seems reasonable that the right to be elected, on condition that a candidate is registered on the list of candidates and his/her name appears on the ballot paper, is also connected with the legitimacy to file a protest concerning the validity of the elections. This gap requires a legislative intervention by properly specifying the content of Article 82(3) of the election code so as to introduce the possibility of ling election protest by persons exercising passive election rights and not being voters (not referring to their status of voters), whose name is included in the voter registration list in one of voting circuits at the territory of a given constituency.

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