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Glosa do postanowienia Sądu Najwyższego z 5 listopada 2019 r., sygn. akt I NSW 136/19

100%

Bucoń P.

Przegląd Sejmowy

2020

issue 4(159)

205-214

On 5 November 2019, the Supreme Court issued a decision in which it expressed the opinion that the election protest was groundless. The Supreme Court adjudged that the Election Code contains a specific rule for determining whether the time limit for performing certain actions provided for in electoral law has been met. The general civil law rules referring to the lapse of the time limit do not apply in this case. The time limit specified in Article 265a of the Election Code (by the 15th day before elections, and in the event of its extension as a result of the application of Article 9 § 2 of the Election Code, by the 13th day before elections) is understood as a moment by which the candidate registration event must occur. The condition for the registration is the death of the previous candidate and making the submission within the set time limit. The death of the previous candidate may occur in the period from the list registration to the end of the set time limit, i.e., also on the last day of the time limit. It is important for the submission of the new candidate to occur at the latest on the 13th day before elections. According to the Election Code, the analyzed time limit is not regarded as a time period starting with a factual event.

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Glosa do postanowienia Sądu Najwyższego z 5 listopada 2019 r., sygn. akt I NSW 136/19