Aktualne wyzwania prawa wyborczego
The Current Challenges of Electoral Law
Contributor(s): Marek Zubik (Editor), Jan Podkowik (Editor)
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Electoral systems
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: electoral law; elections; electoral code; democracy; Constitution; rule of law
Summary/Abstract: The publication presents a critical view on various institutions of electoral law and their functioning in the context of the 2018-2020 elections and the accompanying changes to the law, as well as the situation caused by the pandemic and the problems resulting from the organization of the free elections in extraordinary conditions. The authors analyse classic electoral law issues such as the principles of electoral law (the principle of free elections in particular), citizens’ electoral rights, electoral bodies, the election process, the election campaign, election control, or legislative silence. Many texts, whose authors are young researchers in constitutional law from different academic centres, contain the assessment of legal regulations in force in Poland in accordance with international standards, especially those set by the Council of Europe, as well as the de lege ferenda demands, which aim at improving existing electoral procedures and ensuring that the elections to representative bodies are fully democratic.
- E-ISBN-13: 978-83-235-5259-8
- Print-ISBN-13: 978-83-235-5252-1
- Page Count: 348
- Publication Year: 2021
- Language: Polish
Prawo do wolnych wyborów w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka
Prawo do wolnych wyborów w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka
(The Right to Free Elections in the Jurisprudence of the European Court of Human Rights)
- Author(s):Dominika Szkółka
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:17-35
- No. of Pages:19
- Keywords:European Convention on Human Rights; Convention for the Protection of Human Rights and Fundamental Freedoms; Protocol 1; suffrage; European Court of Human Rights; free elections
- Summary/Abstract:The article concerns the right to free elections in the jurisprudence of the European Court of Human Rights. It examines the meaning of the phrases used in the article 3 of Protocol 1 such as reasonable intervals, secret ballot, choice of the legislature, free expression of the opinion of people. Moreover, the situations in which the right can be restricted are pointed out. In the end, the author discusses whether the right may be considered and protected as a transnational rule.
Prawo do wolnych wyborów w świetle najnowszego orzecznictwa ETPC dotyczącego Azerbejdżanu
Prawo do wolnych wyborów w świetle najnowszego orzecznictwa ETPC dotyczącego Azerbejdżanu
(The Right to Free Elections in the Light of ECHR Jurisprudence Concerning Azerbaijan)
- Author(s):Kacper Kacprzak
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:36-46
- No. of Pages:11
- Keywords:subjective law; Tribunal; free elections; complainant; additional protocol
- Summary/Abstract:The essay is devoted to the right to free elections. The article discusses selected rulings by the European Court of Human Rights on the issue of free elections in the example of Azerbaijan. The article focuses on the presentation of theses of the most recent rulings of the ECHR. They show how Article 3 of the first Additional Protocol is interpreted as well as the complexity of the electoral system, which requires an assessment by the Court.
Prawo i proces wyborczy w opiniach Komisji Weneckiej
Prawo i proces wyborczy w opiniach Komisji Weneckiej
(The Law and the Electoral Process in the Venice Commission Opinions)
- Author(s):Jędrzej Zieliński
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:47-62
- No. of Pages:16
- Keywords:Venice Commission; Europe’s electoral heritage; electoral system; media participation in the electoral process; electoral law reform
- Summary/Abstract:The text aims to present principles of Europe’s electoral heritage. The five principle sunderlying Europe’s electoral heritage are universal, equal, free, secret and direct suffrage. The above principles will be presented together with Venice Commission opinions on the situation in selected countries. The text also presents issues related to: electoral systems, media participation in the electoral process and electoral law reforms.
Implementacja Kodeksu Dobrej Praktyki w Sprawach Wyborczych w polskim prawie wyborczym
Implementacja Kodeksu Dobrej Praktyki w Sprawach Wyborczych w polskim prawie wyborczym
(The Implementation of the Code of Good Practice in Electoral Matters in Polish Electoral Code)
- Author(s):Marek Piotr Kaczmarczyk
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:63-76
- No. of Pages:14
- Keywords:Code of Good Practice; election law; election standards; elections; Polish Electoral Code; Venice Commission
- Summary/Abstract:In 2002, the Venice Commission issued special recommendations on elections, entitled as the "Code of Good Practice in Electoral Matters". The Code contains many significant provisions that are particularly important from the perspective of young democracy, as they may indicate the direction of development of the electoral system. This essay is a synthetic analysis of Poland’s compliance with the recommendations issued by the Venice Commission. It focuses primarily on comparing Polish and Venetian standards, but also points to the latest changes in the Polish Electoral Code.
Zagrożenia dla demokratyczności wyborów w dobie nowych technologii
Zagrożenia dla demokratyczności wyborów w dobie nowych technologii
(The Threats to Democratic Elections in the Age of New Technologies)
- Author(s):Adam Mikoś
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:77-90
- No. of Pages:14
- Keywords:democracy; new technologies; social media; elections; disinformation
- Summary/Abstract:The article is an attempt to present how the development of new technologies can threaten the right of access to reliable information. In order to clarify this issue, the author explains the mechanisms of social media functioning and analyze the case of 2016 United States presidential elections. Based on the "Report of Select Committee on Intelligence United States Senate" and the press, the article describes the activity of the Russian Internet Research Agency and tries to present recommendations to avoid similar situations in the future.
Spoczynek prawa wyborczego
Spoczynek prawa wyborczego
(Legislative silence in Electoral Law)
- Author(s):Mateusz Zagozdon
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:91-104
- No. of Pages:14
- Keywords:constitution; Constitutional Tribunal; Council of Europe; election; election law; legislative silence; rest of law; vacatio legis; Venice Commission
- Summary/Abstract:The article analyses the issues concerning changes in electoral law in national and international policies. Making amendments in this branch of law in accordance with the state principles largely depends on adequate interval time between passing the law and its binding. The author researches the judicial practice of the Polish Constitutional Tribunal and the standards achieved by the Council of Europe in relation to electoral law. By analysing two institutions – vacatio legis and legislative silence it is possible to indicate similarities and differences between them.
Utrata biernego prawa wyborczego
Utrata biernego prawa wyborczego
(The Loss of Passive Voting Rights)
- Author(s):Krzysztof Ślaski
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:107-123
- No. of Pages:17
- Keywords:electoral law; elections; passive voting rights; loss of passive voting rights; deprivation of electoral rights; deprivation of the passive voting rights
- Summary/Abstract:The article is a synthetic analysis of the loss of passive voting rights existing in Polish law. The author discusses its content and character and draws attention to the admissibility of its limitation. He reviews all possibilities of the loss of passive voting rights e.g. the incapacitation or deprivation of civil rights. The author presents the most important constitutional aspects of adequate regulations and highlights legal doubts connected with particular issues.
Ograniczenie praw wyborczych wieloletnich emigrantów
Ograniczenie praw wyborczych wieloletnich emigrantów
(Limiting Electoral Rights of Longtime Polish Emigrants)
- Author(s):Maria Kozłowska
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:124-137
- No. of Pages:14
- Keywords:election law; condition of domicile; Electoral Code; comparative analysis; universal suffrage; principle of national sovereignty; principle of equality
- Summary/Abstract:The article discusses the admissibility of limiting electoral rights of Polish citizens in exile by introducing the condition of domicile on the basis of the Polish Constitution in force. The voting rights were subjected to comparative analysis of legal systems of the chosen European Union countries, in which this condition is present. The study allows to formulate the thesis that the condition of domicile does not contradict the basic principles of the political system (sovereignty of the nation, legal equality) and electoral law (universality) expressed in the Polish Constitution.
Ograniczenia prawa wyborczego do Parlamentu Europejskiego w regulacjach krajowych
Ograniczenia prawa wyborczego do Parlamentu Europejskiego w regulacjach krajowych
(The Restrictions on the Electoral Law to the European Parliament in National Regulations)
- Author(s):Marcin Dorochowicz, Hubert Żurkiewicz
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:138-150
- No. of Pages:13
- Keywords:electoral right; European Parliament; incapacitation; penality
- Summary/Abstract:The purpose of the article is to examine how European and national law introduce restrictions on the electoral law to the European Parliament. Firstly, an analysis of European law regulations will be conducted, regarding these elections, with reference to internal systems of the state organs. Secondly, the scope of application of the Polish Constitution to the elections to the European Parliament. Finally, the restrictions concerning the electoral law will be analysed.
Prawa wyborcze cudzoziemców w polskim porządku prawnym
Prawa wyborcze cudzoziemców w polskim porządku prawnym
(Electoral Rights of the Foreigners in Polish Law)
- Author(s):Rafał Stronk
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:151-167
- No. of Pages:17
- Keywords:foreigners; subjective rights’ interpretation; political parties; EU citizenship; municipal elections; equal suffrage
- Summary/Abstract:Using the interpretation of subjective constitutional rights included in the judgement of the Constitutional Tribunal K 18/04, the author tries to show that according to the Polish constitution, there are no obstacles to grant foreigners full electoral rights in local elections. The problems regarding political parties relate to the citizens of EU Member States who, according to TFEU, shall have the right to vote and to stand as a candidate at municipal and EP elections under the same conditions as nationals of that state.
Uwagi na temat niezależności Państwowej Komisji Wyborczej po zmianach wprowadzonych w 2018 roku
Uwagi na temat niezależności Państwowej Komisji Wyborczej po zmianach wprowadzonych w 2018 roku
(Reflections on the Independence of the National Electoral Commission After the Changes Introduced in 2018)
- Author(s):Konrad Rydel
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:171-183
- No. of Pages:13
- Keywords:election administration; elections; referendum; National Electoral Commission
- Summary/Abstract:The National Electoral Commission carries out a number of tasks related to the organization of elections and referenda. Regulations introduced in 2018 have fundamentally changed the position of this authority in the Polish legal system. Prior to this change it was an organ enjoying independence and impartiality. Under the new law, it has lost these attributes. The article describes the threats to the Polish legal system related to the politicization of the National Electoral Commission.
Czy faktycznie padł „mit dobrego systemu wyborczego”?
Czy faktycznie padł „mit dobrego systemu wyborczego”?
(Has ‘the Myth of the Good Electoral System’ Really Fallen?)
- Author(s):Marcin Kuna
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:184-200
- No. of Pages:17
- Keywords:National Electoral Commission; electoral law; electoral code; electoral system
- Summary/Abstract:The new political narrative promoted a ‘mixed’ system for ‘democratisation’ of the composition of the National Electoral Commission. In the article, I verify the most essential arguments and introduce the results of the legal and constitutional analysis, which were previously unprecedented. All to answer one crucial question: has ‘the myth of the good electoral system’ – a judicial model of the central electoral commission unique on a European scale – really fallen?
Prekampania wyborcza – znak naszych czasów czy brak poszanowania dla prawa?
Prekampania wyborcza – znak naszych czasów czy brak poszanowania dla prawa?
(An Election Precampaign – A Sign of Our Times or Lack of Respect for the Law?)
- Author(s):Kacper Koman, Ziemowit Syta
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:203-215
- No. of Pages:13
- Keywords:precampaign; election campaign; political campaign; canvass; election lawsuit; National Electoral Commission
- Summary/Abstract:The article discusses the problem of the so-called precampaign, i.e. actions aimed at convincing voters to make a certain choice during future election, taken even before the official election campaign begins. After pointing to differences between purely informational activity of politicians and precampaign, we will examine if existing provisions of the Polish election law are effective to counter this phenomenon. We will also consider the perspective of the Polish Constitution and search for values that may justify limiting precampaigns.
Wolność słowa w okresie wyborczym w Polsce i we Francji
Wolność słowa w okresie wyborczym w Polsce i we Francji
(Freedom of Speech in Election Campaigns in Poland and France)
- Author(s):Wojciech Wydmański
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:216-228
- No. of Pages:13
- Keywords:law; freedom of speech; fake news; limits of freedom of speech; Polish law; French law
- Summary/Abstract:Freedom of speech is an essential element of human rights. Nowadays, dominated by technology and mass media, the question about the limits of freedom of speech acquire significance. Seeing the potential threat, some countries have introduced legislative changes that are designed to protect the truth, public order and personal interests during the election campaign. After a comparative analysis of Polish and French laws and other European and American systems, we can notice numerous similarities, as the protection of personal rights and public order is important for European legal and political culture.
Cisza wyborcza w dobie nowych technologii
Cisza wyborcza w dobie nowych technologii
(Election Silence in the Age of New Technologies)
- Author(s):Katarzyna Cłapińska
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:229-240
- No. of Pages:12
- Keywords:election silence; election; new technologies; National Electoral Commission Electoral Code; Electoral System
- Summary/Abstract:The legitimacy of election silence raises a lot of controversy. The biggest accusation against this regulation is the maladaptation to the world of cyberspace and its internet users. There are no guidelines as to how the internet space should function on the election day. An additional problem is the question whether it is even possible for the legislator to intervene in this sphere. The National Electoral Commission encouraged changes in the current legal status. Nowoczesna party proposed to lift the election silence, which ultimately was not voted by the parliament. The number of violations increases every year and the legislator’s inconsistency seems to be more and more blatant.
Deontologia dziennikarska mediów publicznych w kampanii wyborczej
Deontologia dziennikarska mediów publicznych w kampanii wyborczej
(Deontology of Public Media in the Election Campaign)
- Author(s):Franciszek Koszelnik
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:241-256
- No. of Pages:16
- Keywords:electoral law; election campaign; public media; ethics of journalism; personal interests
- Summary/Abstract:Properly conducted media coverage of an election campaign is a condition and a safeguard of free and equal suffrage. Apart from legal regulations, it is also highly affected by journalistic professionalism and ethos. In the article, I contain an analysis of the relations between ethics and law binding the journalists during election campaigns. Next, I compile the ethical principles applicable to journalists during election campaigns. The emphasis is put on the deontology of the Polish national television.
Głosowanie korespondencyjne i głosowanie przez pełnomocnika w polskim prawie wyborczym
Głosowanie korespondencyjne i głosowanie przez pełnomocnika w polskim prawie wyborczym
(Postal and Proxy Voting in Polish Electoral Law)
- Author(s):Kaja Stelmaszewska
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:259-273
- No. of Pages:15
- Keywords:postal vote; proxy vote; alternative voting procedures; Polish electoral law
- Summary/Abstract:Postal and proxy votes were implemented in Polish electoral law a decade ago. According to legislators, their aim was to execute the constitutional principle of universal elections. In the course of time, the regulations have been significantly modified several times. The aim of this study is to answer the questions whether the legislator has managed to diagnose the problems connected with postal and proxy vote successfully and whether further amendments solved them, as well as to examine whether the existing rules are compliant with the constitutional legitimisation.
Ograniczenia alternatywnych sposobów głosowania
Ograniczenia alternatywnych sposobów głosowania
(The Limitations of Alternative Voting Methods)
- Author(s):Magdalena Obrochta
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:274-285
- No. of Pages:12
- Keywords:elections; right to vote; alternative voting methods; proxy voting; postal voting; e-voting; regression
- Summary/Abstract:Alternative voting methods guarantee more complete implementation of the rule of generality of elections and have an impact on boosting up voter turnout. Nevertheless, in 2018 an amendment to The Electoral Code was introduced concerning relevant provisions. The new regulations have been adversely affected by development of the right to vote and have contributed to its regression. The epidemic situation in 2020 showed how alternative voting methods may be needed.
I-voting – przyszłość demokracji?
I-voting – przyszłość demokracji?
(I-voting – the Future of Democracy?)
- Author(s):Krzysztof Szabłowski
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:286-298
- No. of Pages:14
- Keywords:elections; voting; alternative voting methods; Internet
- Summary/Abstract:Many researchers consider i-voting as one of the ways to meet voters expectations. The initial, strong assumption that there is a direct relation between applying i-voting to voters and increasing the voter turnout, seems to be highly problematic. Research results suggest that in this respect i-voting provides, above all, an additional opportunity to participate in the vote. The fact that one takes advantage of it it does not result from any necessity, but is primarily a consequence of a freely made decision, influenced by other factors, such as convenience or curiosity about changing the usual way of participating in the vote. On the other hand, opponents regard i-voting as a serious threat to basic principles of elections.
Społeczna kontrola wyborów w polskim prawie wyborczym
Społeczna kontrola wyborów w polskim prawie wyborczym
(Social Control over Elections in Polish Electoral Law)
- Author(s):Artur Sadowski
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:301-312
- No. of Pages:12
- Keywords:electoral observation; election social control; international election observer; person of trust; social observer
- Summary/Abstract:The article presents how social control over elections is regulated in Polish electoral law. In the past 2 years mechanisms of observation have gone through some big changes which, as a result has given a lot of new instruments to act in that area. Most importantly, an institution of citizen observer was implemented to the Polish law system, and chapter 11a, which contains most of the rules connected to the election social control, was added to the Electoral Code. In Polish law system there are three main institutions with competences to observe the electoral process and watch if all procedures are followed. These are: an international election observer, a person of trust and a citizen election observer. Each of these institutions, in terms of election control has its own entitlements and limitations. Due to the fact that each of them serves similar purposes they may seem almost identical. However there are some very important differences. Most of these differences come from the nature of each function. It is obvious that external observers have fewer rights to intervene in the internal elections than the domestic ones. Regulations related to people of trust and citizen observers are set not only in the same act, but also in the same chapter, so their competences are very close to each other with really subtle differences. The author shows how people who hold mentioned positions can operate throughout the whole electoral process. What actions they can take and where the limits of their operations are. The article shows hows the mechanism of social election control function not only from the theoretical point of view, but also analyze the results of the work, done by people who serve three stipulated above roles do.
Dopuszczalność protestu wyborczego w świetle orzecznictwa Sądu Najwyższego
Dopuszczalność protestu wyborczego w świetle orzecznictwa Sądu Najwyższego
(The Admissibility of Election Protest in the Light of the Jurisprudence of the Supreme Court)
- Author(s):Aleksander Hyżorek
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:313-323
- No. of Pages:11
- Keywords:election protest; Supreme Court; electoral law; allegations of electoral protest; admissibility of election protest
- Summary/Abstract:The article deals with issues related to the institution of election protest. It discusses the circle of entities authorized to lodge it, as well as the premises for the Supreme Court to recognize such a protest. It also points to the need to identify violations of electoral law and to support them with evidence. The procedure of judicial assistance in the recounting of votes is also discussed.
Efektywność sądowej kontroli czynności prawa wyborczego
Efektywność sądowej kontroli czynności prawa wyborczego
(The Effectiveness of the National Appeal System in Electoral Law)
- Author(s):Kamil Kapica
- Language:Polish
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:324-339
- No. of Pages:16
- Keywords:effective legal remedy; electoral conduct; electoral law; European Convention on Human Rights; electoral campaign
- Summary/Abstract:The existence of the complaint and appeal system in electoral matters is one of the conditions of free and fair elections within the meaning of the European Convention on Human Rights. The article discusses the requirements of effective remedy in the jurisprudence of the ECHR. The study reviews the substantive and procedural law provisions, the pragmatics of applying the provisions and de lege ferenda postulates, which together determine the effectiveness of the national appeal system in electoral matters.
