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Zmiany w prawie wyborczym Ukrainy: plusy i minusy dla integracji europejskiej

100%
Pankiewicz I.
Colloquium Wydziału Nauk Humanistycznych i Społecznych AMW
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2012
|
issue 2
191-206
EN
The article discusses the changes which are taking place in the Election Law of Ukraine. Their consequence is the transformation of the state from the parliamentary-presidential into the presidentially-parliamentary republic and the loss by the Supreme Council of Ukraine of a considerable part of its authority in favour of the president of Ukraine. As based on the conducted analysis, the conclusion has been done that the Ukrainian Election Law requires further changes which shall allow its ordinary development, stimulate real rivalry in the process of elections and lead to forming of the proper level of political culture in the society. The success of the introduced changes depends on whether the Election Law will be practically followed or will be left as juridical declaration, whether the destiny of Ukraine will be connected with Europe or with authoritarianism.
2
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CHANGE IN OF THE SYSTEM OF THE POLISH SENATE, ADOPTED IN 2011 (Zmiana systemu wyborczego do Senatu RP z 2011 r.)

80%
Jarentowski M.
Przegląd Sejmowy
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2011
|
issue 4(105)
33-47
EN
In January 2011 the Sejm adopted the Election Code which changes, inter alia, some elements of electoral system and the procedure for election of the second chamber of parliament - the Senate. Among the most important novelties was replacing of former 40 constituencies with 2-4 members with 100 single-member constituencies. An election formula has remained intact; it is still a simple majority vote. As regards the adjustment of the size of constituencies (i.e. the number of seats to be taken in a constituency) to the number of inhabitants, the former electoral law provided for a relatively imprecise procedure of distribution of seats between 16 provinces and, then, between constituencies. The Election Code introduces single-member constituencies; therefore it requires that the boundaries of constituencies (and, as a result, the number of its inhabitants) be adjusted to the number of seats, i.e. one seat. To prevent the necessity of changing the boundaries of constituencies in every election, the Code provides a margin of flexibility: to each constituency it should fall at least 50% of the norm of representation and no more than 200% of that norm (the norm of representation equals to the number of the country's population divided by 100). The Code also includes a provision guaranteeing that the number of constituencies created in each province will be no less than the integral number resulting from division of the number of inhabitants of the province by the norm of representation. One possible result of the introduction of single-member constituencies is that the most represented party will lose some seats to smaller parties or to independent candidates. Should the election of 2007 be held on the basis of the Election Code, the Civic Platform would probably lose 4 seats to the Law and Justice Party. Another effect of changing the size of constituencies will be solving the problem with wasted votes. Previously, under multi-member constituencies, a voter was able to (but didn't have to) choose as many candidates as was the number of seats to be obtained in the constituency. However, the voters have not always made use of that possibility. The bigger was the number of seats to be obtained in a constituency, the smaller was the proportion of voters indicating the whole possible number of candidates. During the elections in 2001, 2005 and 2007, about 24% of votes were wasted in this way. The Election Code has filled the loopholes in the existing law. Previously, the law has not provided for what to do when the number of candidates standing for a seat in a by-election equals the number of seats to be obtained in that election. In practice, elections were held, but voters had no opportunity to vote against candidates. By contrast, the Code provides for the possibility of casting a negative vote.
3
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CHANGES IN ELECTROLAL LAW INTRODUSED BY THE ELECTION CODE (Zmiany w prawie wyborczym wprowadzone przez kodeks wyborczy)

80%
Rakowska A., Skotnicki K.
Przegląd Sejmowy
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2011
|
issue 4(105)
9-32
EN
The Election Code was adopted on January 5, 2011 and entered into force on August 1, 2011 replacing five existing laws governing elections. It has unified the electoral system and implemented some new solutions aimed at changing considerably the electoral process or providing only an arrangement of the existing regulations. The authors describe and provide assessment of some novelties implemented by the Code, including single-member constituencies in elections to the Senate and in local self-government elections, the requirement for candidates to have no criminal convictions, obligation to apply gender quotas on electoral lists, changes in the election campaigning procedures, possibility of two-day voting, correspondence voting, as well as the powers of international election observers. They discuss the advantages and disadvantages of these institutions, at the same time identifying those solutions which may cause problems in practice. As regards single-member constituencies the authors claim that their introduction in elections to the Senate mostly shows a continued lack of vision for the second chamber and, in relation to local self-government elections, it may tempt municipal councils to determine the boundaries based mostly on the results of elections in former polling districts. Concerning gender quotas, the authors pointed out doubts as to their compliance with several constitutional provisions. Constitutional and interpretative doubts also appear in relation to the provision requiring candidates to have no criminal convictions. Regulations concerning election campaigning are also criticized, showing lack of preciseness of the provisions the Code which may cause a lot of doubts in practice. Discussing the possibility of a two-day voting, the authors conclude that it is no inconsistent with Poland's constitution. They support the idea of correspondence voting for citizens staying abroad and introduction of a statutory basis for activities performed by international election observers. Finally, the authors conclude that the changes introduced in electoral law mostly result from the practice of its application and are of arranging nature; therefore they should rather be approved. However, there are provisions that should be considered as imperfectly prepared, which prove the continued existence of a tendency to treat electoral law as an instrument for political dominance.
4
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THE CONCEPT OF REFORM OF LAW IN RELATION TO GENERAL ELECTIONS TO THE SEJM AND SENATE IN THE PROCESS OF ADOPTION OF THE AUGUST AMENDMENT (Koncepcje zmiany prawa wyborczego do Sejmu i Senatu w procesie uchwalania noweli sierpniowej)

80%
Kacperski K.
Przegląd Sejmowy
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2011
|
issue 1(102)
43-69
EN
The coup d'état carried out in May 1926 by Joseph Pilsudski proved a significant turning point in the history of the Second Republic, as it put en end to parliamentary turn democracy existing since 1918-1919. The coup affected all elements of political system, including the actions of the Sejm and the Senate of the first term of office, aimed at development of new instruments of electoral law (in relation to representative bodies). It resulted from the general objective of the Pilsudski's camp, i.e. to strengthen the institutions of the executive rather than improve the mechanisms of creation of parliament. In June 1926, many bills have been submitted in the Sejm with the aim of transformation (in part or in the whole) of the principles governing elections of Deputies to the Sejm and Senators. After a discussion lasting several months in parliament no changes in this matter have been enacted. It turned out that none of the proposals submitted by Centre-Right parliamentary groups did not get acceptance from Deputies and Senators. The content of the proposals was too controversial for them to reach a qualified majority of votes in a highly fragmented parliament (which resulted from Pilsudski's actions). It turned out again that it is easier to voice ideas than turn them into action. Thereby, the call for improvement of the system of general elections to the Sejm and Senate, which was one of most important subject of public debate in the 1920s, receded, imperceptibly, into the background. And it was only in 1935 that such improvement was carried out as an element of a wider process of transformation of the system of government, culminating in the adoption of the April Constitution.
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