Complaints about irregularities in the electoral register and the voter list – selected remarks against the background of jurisprudence

The article discusses the issues of the so-called complaints about irregularities in the register of voters and the list of voters, regulated in the provisions of the Act of 5 January 2011, the Election Code. The considerations focused on the legal nature of the decision of the commune head (mayor, city president) made as a result of the admissibility of lodging such a complaint by anyone. These decisions of administrative courts were cited, in which opposing positions were expressed regarding the admissibility of applying the provisions of the Act – Code of Administrative Procedure to various procedural issues on the basis of complaint proceedings and discussed in detail in the aspect of the main problem raised in the article. The author argues that the provisions of the Code of Administrative Procedure will not apply to these proceedings, and the decisions of commune heads or other authorized entities made in response to complaints are not administrative decisions.