The applicable legislation does not prevent a parliamentarian from organising a fundraising event provided in the form of bank transfers (e.g. via crowdfunding websites) to raise funds for a charitable purpose. However, a collection of funds for such a purpose could not take the form of a “public collection” within the meaning of the Act on the principles of public collections, i.e. a fundraising in the form of cash contributions. Deputies are prohibited from accepting donations that may undermine the confidence of the electorate in their exercise of their mandate for the good of the Nation (Article 33(2) in conjunction with Article 1(1) of the Act on the performance of the mandate of deputy or senator).
{"title":"Opinia prawna w sprawie możliwości organizowania przez posła aukcji oraz zbiórki pieniężnej na cel charytatywny","authors":"Wojciech Odrowąż-Sypniewski","doi":"10.31268/ps.2022.145","DOIUrl":"https://doi.org/10.31268/ps.2022.145","url":null,"abstract":"The applicable legislation does not prevent a parliamentarian from organising a fundraising event provided in the form of bank transfers (e.g. via crowdfunding websites) to raise funds for a charitable purpose. However, a collection of funds for such a purpose could not take the form of a “public collection” within the meaning of the Act on the principles of public collections, i.e. a fundraising in the form of cash contributions. Deputies are prohibited from accepting donations that may undermine the confidence of the electorate in their exercise of their mandate for the good of the Nation (Article 33(2) in conjunction with Article 1(1) of the Act on the performance of the mandate of deputy or senator).","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The presidential election held in 2020 was special due to the ongoing SARS-CoV-2 pandemic, as the electoral process took place in several unusual stages. The first stage was based on the assumption that a standard electoral process would suffice to perform the election. In the second stage, an attempt was made to organise the election by postal voting. The third stage resulted from the failure to hold the vote on the originally scheduled date (10 May 2020). The fourth stage was to hold the electoral process on a new date (28 June 2020). The extraordinary circumstances under which the election took place revealed previously unknown aspects in the application of the law. The paper aims at describing different stages of the process as well as identifying legal problems that were exposed during the elections. The systematics of the article is based on a chronology of events.
{"title":"Wybory prezydenckie w czasie pandemii","authors":"M. Dobrowolski","doi":"10.31268/ps.2022.150","DOIUrl":"https://doi.org/10.31268/ps.2022.150","url":null,"abstract":"The presidential election held in 2020 was special due to the ongoing SARS-CoV-2 pandemic, as the electoral process took place in several unusual stages. The first stage was based on the assumption that a standard electoral process would suffice to perform the election. In the second stage, an attempt was made to organise the election by postal voting. The third stage resulted from the failure to hold the vote on the originally scheduled date (10 May 2020). The fourth stage was to hold the electoral process on a new date (28 June 2020). The extraordinary circumstances under which the election took place revealed previously unknown aspects in the application of the law. The paper aims at describing different stages of the process as well as identifying legal problems that were exposed during the elections. The systematics of the article is based on a chronology of events.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69348022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Political crimes constitute a specific “set” of prohibited acts undertaken by the perpetrator in specific historical and political conditionalities. In the Criminal Penal Code of 19 April 1969 and in the Penal Code of 6 June 1997, the legislator distinguished the factual states circumstances of acts directed against the State that bear the features of punishable acts of a political nature. After 1944/1945, the concept of “counter-revolutionary crime” was developed in the doctrine of communist criminal law. However, after the breakthrough of 1989, in the new social and political reality, it was necessary for the legislator to respond to the acts committed in the previous system, consistent with the legal norms of that time, but classified under new legal and political circumstances as crimes committed on behalf of state authorities or as state crimes. Thus, individual acts, in different circumstances, had a certain political potential and should be treated as political crimes.
{"title":"Uwarunkowania normatywne i systemowe przestępstwa politycznego w Polsce w latach 1944/1945–1997","authors":"Tomasz Kuczur","doi":"10.31268/ps.2022.86","DOIUrl":"https://doi.org/10.31268/ps.2022.86","url":null,"abstract":"Political crimes constitute a specific “set” of prohibited acts undertaken by the perpetrator in specific historical and political conditionalities. In the Criminal Penal Code of 19 April 1969 and in the Penal Code of 6 June 1997, the legislator distinguished the factual states circumstances of acts directed against the State that bear the features of punishable acts of a political nature. After 1944/1945, the concept of “counter-revolutionary crime” was developed in the doctrine of communist criminal law. However, after the breakthrough of 1989, in the new social and political reality, it was necessary for the legislator to respond to the acts committed in the previous system, consistent with the legal norms of that time, but classified under new legal and political circumstances as crimes committed on behalf of state authorities or as state crimes. Thus, individual acts, in different circumstances, had a certain political potential and should be treated as political crimes.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The subject of the article contains the issue of order competences related to the proceedings of Polish parliamentary committees. In turn, the aim of the study is to define their basic features, including similarities and differences between the order competences related to the proceedings of Polish parliamentary committees – in the area of their component parts, including the entity holding it, authorisation and subject, as well as in the area of elements related to them, which include the conditions for the admissibility of their application, as well as the appeal procedure against decisions constituting their application. Finally, the aspiration for this aim takes place using a dogmatic method, which includes an analysis of the content of the provisions relating to the competences in question. Its result shapes a list of the above-specified features of order competences related to the proceedings of Polish parliamentary and senatorial committees. The article also compares Polish regulations with those applicable in selected Central European countries, i.e. in Germany, Austria and Hungary.
{"title":"Kompetencje porządkowe związane z przebiegiem prac komisji sejmowych i senackich","authors":"Paweł Malec-Lewandowski","doi":"10.31268/ps.2022.87","DOIUrl":"https://doi.org/10.31268/ps.2022.87","url":null,"abstract":"The subject of the article contains the issue of order competences related to the proceedings of Polish parliamentary committees. In turn, the aim of the study is to define their basic features, including similarities and differences between the order competences related to the proceedings of Polish parliamentary committees – in the area of their component parts, including the entity holding it, authorisation and subject, as well as in the area of elements related to them, which include the conditions for the admissibility of their application, as well as the appeal procedure against decisions constituting their application. Finally, the aspiration for this aim takes place using a dogmatic method, which includes an analysis of the content of the provisions relating to the competences in question. Its result shapes a list of the above-specified features of order competences related to the proceedings of Polish parliamentary and senatorial committees. The article also compares Polish regulations with those applicable in selected Central European countries, i.e. in Germany, Austria and Hungary.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Disputes and even conflicts regarding the legal situation of the fetus (unborn child) justify the need for debate also among lawyers. Apart from the areas of extreme controversy, there are also such areas where research cooperation seems possible. The fate of children affected by fetal alcohol spectrum disorders is one that should be of concern to all. The paper outlines the medical, economic and social context of FASDs. Against this background, the legal aspects of these damages are presented through the prism of Polish criminal, civil and administrative law, including draft legal solutions. The author justifies the thesis on the need to use non-penal legal instruments to counteract the causes of FASDs, in order to complement educational, informational and support activities undertaken for the same purpose.
{"title":"W poszukiwaniu pola współpracy badawczej adwersarzy. Prawne aspekty alkoholowych uszkodzeń płodu","authors":"J. Mazurkiewicz","doi":"10.31268/ps.2022.88","DOIUrl":"https://doi.org/10.31268/ps.2022.88","url":null,"abstract":"Disputes and even conflicts regarding the legal situation of the fetus (unborn child) justify the need for debate also among lawyers. Apart from the areas of extreme controversy, there are also such areas where research cooperation seems possible. The fate of children affected by fetal alcohol spectrum disorders is one that should be of concern to all. The paper outlines the medical, economic and social context of FASDs. Against this background, the legal aspects of these damages are presented through the prism of Polish criminal, civil and administrative law, including draft legal solutions. The author justifies the thesis on the need to use non-penal legal instruments to counteract the causes of FASDs, in order to complement educational, informational and support activities undertaken for the same purpose.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article analyses the issue of introducing a permanent system of distribution of seats in the European Parliament, taking into account the existing legal and political conditions. It points out that as a result of the entry into force of the provisions of the Treaty of Lisbon, and then Brexit, the indirect voting power of citizens of the largest Member States, especially Germany, France and Italy, in the decision-making process in the EU, has increased. At the same time, most of the proposed methods of distribution of seats in this institution lead to a significant increase in the number of parliamentary seats for the Member States with the largest populations. The paper presents the original concept of a permanent system of distribution of seats in the European Parliament, which ensures that when it is first applied, no Member State will have a smaller number of seats than it resulted from European Council Decision of 28 June 2013 establishing the composition of the European Parliament. It, therefore, meets the important political requirement that the introduction of the new method of distribution of parliamentary seats does not result in a reduction in the number of seats for any Member State.
{"title":"Trwały system podziału mandatów w Parlamencie Europejskim – uwarunkowania prawne i polityczne","authors":"Marcin Kleinowski","doi":"10.31268/ps.2022.99","DOIUrl":"https://doi.org/10.31268/ps.2022.99","url":null,"abstract":"The article analyses the issue of introducing a permanent system of distribution of seats in the European Parliament, taking into account the existing legal and political conditions. It points out that as a result of the entry into force of the provisions of the Treaty of Lisbon, and then Brexit, the indirect voting power of citizens of the largest Member States, especially Germany, France and Italy, in the decision-making process in the EU, has increased. At the same time, most of the proposed methods of distribution of seats in this institution lead to a significant increase in the number of parliamentary seats for the Member States with the largest populations. The paper presents the original concept of a permanent system of distribution of seats in the European Parliament, which ensures that when it is first applied, no Member State will have a smaller number of seats than it resulted from European Council Decision of 28 June 2013 establishing the composition of the European Parliament. It, therefore, meets the important political requirement that the introduction of the new method of distribution of parliamentary seats does not result in a reduction in the number of seats for any Member State.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper studies the case law of the Constitutional Court of the Republic of Colombia of 26 April 2017 (Case C-246/17) which interpret the capacity of the minor to give informed consent to aesthetic medicine and plastic surgery treatments, as well as participation of such person in campaigns promoting this type of treatments. In this case, the Court first decided that the ban on aesthetic medicine and plastic surgery procedures for minors should not be applied to adolescents over 14 years of age who, due to their level of development, are able to participate together with persons having parental authority in the decision-making about the risks involved in such procedures and are able to consent to the procedure in an informed and qualified manner. The Constitutional Court also finds that the prohibition on participating in campaigns promoting cosmetic medicine clinics and the treatments carried out there, which applies to persons aged between 15 and 18, is a proportionate and effective restriction. In this way, the legislator achieves constitutionally legitimate objectives, i.e. discouraging treatments that may expose the health of a minor to unnecessary risks and reducing gender stereotypes regarding a certain canon of beauty. In assessing this ruling, the article examines the concepts of: “free development of personality”, “right to privacy”, “informed consent to medical treatment” of minors, as well as “legal moralism” and “paternalist measures”. To this end, a dogmatic method was used by reviewing the case law of the Constitutional Court of the Republic of Colombia, and the results obtained were presented through a descriptive method. In the conclusions, attention is drawn to the consistent doctrine existing in the Court’s jurisprudence relating to the concepts.
{"title":"Glosa do Wyroku Trybunału Konstytucyjnego Republiki Kolumbii z dnia 26 kwietnia 2017 r., sygn. akt C-246/17","authors":"Andrzej Pogłódek, Anna Stachowicz","doi":"10.31268/ps.2022.105","DOIUrl":"https://doi.org/10.31268/ps.2022.105","url":null,"abstract":"This paper studies the case law of the Constitutional Court of the Republic of Colombia of 26 April 2017 (Case C-246/17) which interpret the capacity of the minor to give informed consent to aesthetic medicine and plastic surgery treatments, as well as participation of such person in campaigns promoting this type of treatments. In this case, the Court first decided that the ban on aesthetic medicine and plastic surgery procedures for minors should not be applied to adolescents over 14 years of age who, due to their level of development, are able to participate together with persons having parental authority in the decision-making about the risks involved in such procedures and are able to consent to the procedure in an informed and qualified manner. The Constitutional Court also finds that the prohibition on participating in campaigns promoting cosmetic medicine clinics and the treatments carried out there, which applies to persons aged between 15 and 18, is a proportionate and effective restriction. In this way, the legislator achieves constitutionally legitimate objectives, i.e. discouraging treatments that may expose the health of a minor to unnecessary risks and reducing gender stereotypes regarding a certain canon of beauty. In assessing this ruling, the article examines the concepts of: “free development of personality”, “right to privacy”, “informed consent to medical treatment” of minors, as well as “legal moralism” and “paternalist measures”. To this end, a dogmatic method was used by reviewing the case law of the Constitutional Court of the Republic of Colombia, and the results obtained were presented through a descriptive method. In the conclusions, attention is drawn to the consistent doctrine existing in the Court’s jurisprudence relating to the concepts.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69346359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article examines the participation of the political milieu of the left, represented primarily by the Social Democracy of the Republic of Poland and the Democratic Left Alliance, in public debate in Poland on historical politics. The evolution of the left’s attitude towards the past was taken into account, starting from its weak interest in history in the first decade of the Third Republic of Poland, to the recognition of its importance in subsequent years including the attempt to search for one’s own vision of the national past, events and figures worth commemorating, as well as, to a lesser extent, the attitude towards selected issues that were present in the public space and important for competing political circles: the significance of the Warsaw Uprising or the enrichment of the existing pantheon of national heroes with the Cursed Soldiers.
{"title":"Lewica parlamentarna wobec polityki historycznej w debacie publicznej w III Rzeczypospolitej","authors":"Krystyna Trembicka","doi":"10.31268/ps.2022.116","DOIUrl":"https://doi.org/10.31268/ps.2022.116","url":null,"abstract":"The article examines the participation of the political milieu of the left, represented primarily by the Social Democracy of the Republic of Poland and the Democratic Left Alliance, in public debate in Poland on historical politics. The evolution of the left’s attitude towards the past was taken into account, starting from its weak interest in history in the first decade of the Third Republic of Poland, to the recognition of its importance in subsequent years including the attempt to search for one’s own vision of the national past, events and figures worth commemorating, as well as, to a lesser extent, the attitude towards selected issues that were present in the public space and important for competing political circles: the significance of the Warsaw Uprising or the enrichment of the existing pantheon of national heroes with the Cursed Soldiers.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In order to ensure uniform application of the tax law by tax authorities, the minister responsible for public finance (Minister of Finance, MoF) may issue general interpretations of the tax law ex officio or at the request of a taxpayer. When issuing general interpretations, the MoF is subject to the same rules of interpretation as any interpreter. In particular, when interpreting tax law, the MoF cannot change the content of the interpreted provisions of law, as such action would exceed the limits of interpretation and encroach on the territory reserved for the legislator. This article positively verifies the hypothesis that the MoF, in its general interpretation of 25 October 2019, while clarifying the scope of the exemption from taxation of income from activities in the Polish Investment Zone, added to the provisions of the income tax laws a condition of “close connections” for such exemption, which never existed in tax law. Thus, it unlawfully took over the role of the legislator. The article thoroughly analyses the reasons and consequences of such an action, including the most recent legislative changes implemented within the framework of the so-called Polish Deal.
为了确保税务机关统一适用税法，负责公共财政的部长(minister of finance, MoF)可依职权或应纳税人的要求发布税法的一般解释。财政部发布一般解释，适用与解释员相同的解释规则。特别是，在解释税法时，财政部不能改变被解释的法律条款的内容，因为这样做会超出解释的范围，侵犯立法者的领地。本文积极验证了财政部在其2019年10月25日的一般性解释中提出的假设，即在澄清波兰投资区活动所得免税范围的同时，在所得税法的规定中增加了税法中从未存在的“密切联系”条件。因此，它非法地取代了立法者的角色。本文详尽地分析了这种行动的原因和后果，包括在所谓的《波兰协定》框架内最近实施的立法改革。
{"title":"Prawotwórcza działalność ministra finansów pod pozorem interpretacji ogólnej przepisów ustawy o wspieraniu nowych inwestycji","authors":"Błażej Kuźniacki","doi":"10.31268/ps.2022.140","DOIUrl":"https://doi.org/10.31268/ps.2022.140","url":null,"abstract":"In order to ensure uniform application of the tax law by tax authorities, the minister responsible for public finance (Minister of Finance, MoF) may issue general interpretations of the tax law ex officio or at the request of a taxpayer. When issuing general interpretations, the MoF is subject to the same rules of interpretation as any interpreter. In particular, when interpreting tax law, the MoF cannot change the content of the interpreted provisions of law, as such action would exceed the limits of interpretation and encroach on the territory reserved for the legislator. This article positively verifies the hypothesis that the MoF, in its general interpretation of 25 October 2019, while clarifying the scope of the exemption from taxation of income from activities in the Polish Investment Zone, added to the provisions of the income tax laws a condition of “close connections” for such exemption, which never existed in tax law. Thus, it unlawfully took over the role of the legislator. The article thoroughly analyses the reasons and consequences of such an action, including the most recent legislative changes implemented within the framework of the so-called Polish Deal.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The aim of this study is to analyse the operation of a new institution in the form of a complaint by the electoral representative against the resolutions of the National Electoral Commission in the form of guidelines and explanations, as well as to assess the legitimacy of the implementation of this institution into the Polish electoral law. On the one hand, there is no doubt that this solution contributes to the implementation of a long-reported postulate for the decisions of the election administration to be brought under judicial control, and also influences the extension of the catalogue of instruments for social control of the election process. On the other hand, however, it is impossible to analyse a venture of this institution with complete disregard for other conditions of the election process. The analysis is intended to provide an answer to the question of whether the complaint against the resolutions of the National Electoral Commission, as referred to in Article 162a of the Polish Election Code, in its current form is a desirable component of the Polish electoral law, or is it rather an institution limiting the efficiency of the election process. In the study, the construction of Article 161a of the Election Code was examined using a formal and legal method, and the consequences of the application of the new solution in election practice were analysed using an empirical method and the achievements of the doctrine of constitutional law.
{"title":"Zaskarżalność uchwał Państwowej Komisji Wyborczej w trybie art. 161a Kodeksu wyborczego","authors":"Agata Pyrzyńska","doi":"10.31268/ps.2022.128","DOIUrl":"https://doi.org/10.31268/ps.2022.128","url":null,"abstract":"The aim of this study is to analyse the operation of a new institution in the form of a complaint by the electoral representative against the resolutions of the National Electoral Commission in the form of guidelines and explanations, as well as to assess the legitimacy of the implementation of this institution into the Polish electoral law. On the one hand, there is no doubt that this solution contributes to the implementation of a long-reported postulate for the decisions of the election administration to be brought under judicial control, and also influences the extension of the catalogue of instruments for social control of the election process. On the other hand, however, it is impossible to analyse a venture of this institution with complete disregard for other conditions of the election process. The analysis is intended to provide an answer to the question of whether the complaint against the resolutions of the National Electoral Commission, as referred to in Article 162a of the Polish Election Code, in its current form is a desirable component of the Polish electoral law, or is it rather an institution limiting the efficiency of the election process. In the study, the construction of Article 161a of the Election Code was examined using a formal and legal method, and the consequences of the application of the new solution in election practice were analysed using an empirical method and the achievements of the doctrine of constitutional law.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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