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EN
The right to stand for elections is a crucial political right. Nevertheless it is subject to limitations. These limitations are especially sensible in case of independent candidates who face additional difficulties on the way to win the mandate of a Deputy. In contrary to foreign electoral laws, the Polish Electoral Code in grants an exclusive right to propose candidates to electoral committees. The author of the opinion focuses on the position of independent candidates to present an analysis of particular requirements (such as: a necessity to be proposed by a committee, a required number of candidates on an electoral list, a minimal number of signatures which allow the list to be registered) which hinder the performance of the right to stand for election. Moreover, it is emphasised that the need to cross the nationwide electoral threshold substantially limits the chances of local candidates unrelated to any political party to succeed.
EN
Currently, election administration is often discussed in the mass media and is of great interest to the public. This is probably due to the recent local elections carried out on 16 November 2014, during which there was a problem among others with the election information technology system and delays in the announcement of the results of the vote. The objective is to assess certain issues of the regional electoral commissions, their mode of appointment, composition, organisation of work, position in the composition and tasks of these committees, which are involved in conducting all forms of elections. The article analyzes the solutions adopted in the Polish electoral law for regional electoral commissions, as well as containing conclusions and recommendations. This is important in view of the ongoing legislative work on the amendment to the Electoral Code of 2011.
EN
The political transformation which was introduced in Poland in 1989 brought about the creation of a state founded on democratic rules and respecting basic human rights. It was a period of dynamic political changes. As a result, self-government appeared and continues to exist in its present shape. The electoral system is an essential part of political life on a local and regional level. However, this system can also easily be abused to achieve some immediate political goals which do not always converge with the aims of a democratic state. Six previous self-government elections have proven that electoral regulations often become the subject of a political game.
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EN
This article examines the use of microblogging service Twitter during the period of the presidential election 2013 in the Czech Republic and aims to contribute to a development of an emerging research field to which only a marginal interest of academics have been devoted so far, especially in the Czech Republic. A multi-method approach is used to analyze the dataset of tweets, which have contained predefined hashtags within a course of four weeks period – including both, the first and the second round of elections. The findings indicate that the debate on Twitter “copies” events in mainstream media (mainly presidential TV debate), while linking to information sources in posts does not necessarily lead to the official media sources. The analysis also reveals that tweets most often refer to Karel Schwarzenberg, in comparison with the names of other candidates, and that among the themes of tweets and retweets the most frequent topics are the campaign and political preferences which suggests the potential of Czech Twitter to form a basis of online political communication.
PL
Artykuł porusza zagadnienia analizy nowych zapisów ustawy o wyborach deputowanych do Rady Najwyższej Ukrainy z 17 listopada 2011 r. w kontekście gwarancji zasady alternacji władzy. Autorki stawiają pytanie o to w jakim stopniu nowe zapisy ordynacji wyborczej zapewniają zasadę alternację władzy a w jakim stopniu prowadzą do monopolu partii rządzącej. Autorki rozstrzygając postawiony we wstępie problem badawczy, doszły do wniosków, że specyfiką ukraińskiego systemu wyborczego jest z jednej strony częściowe zagwarantowanie zasady alternacji władzy, z drugiej wyraźne dążenie partii rządzącej do utrzymania jej monopolu. Daje to podstawy twierdzić, że przykład ten możemy traktować jako pewnego rodzaju hybrydę między antynomicznymi punktami continuum.
EN
The objective of this article is to attempt to analyse the new regulations in The Law of the Ukraine in Elections of People’s Deputies of Ukraine of November 17, 2011 in the context of the guarantee of compliance with the principle of alternation in power. The authors ask questions is the answer to the following question: To what extent do the new regulations in electoral law guarantee the principle of alternation in power and to what extent do they contribute to the monopoly of the ruling party. Considering the research problem presented in the introduction it is necessary to state that, on the one hand, partial guarantee’s of the principle alternation in power is a characteristic trait of the Ukrainian electoral system, while on the other hand, aspiration of the ruling party to maintain its monopoly is also fairly evident.
PL
Jednym z najważniejszych elementów przesądzających o demokratycznym ustroju państwa jest bez wątpienia parlament, czyli kolegialny organ wyłaniany z bezpośrednich wyborów, będący jednocześnie emanacją woli obywateli jako suwerena. Na początku parlamenty wypełniały mało skomplikowane zadania, były jedynie organem reprezentacyjnym. Z upływem lat, rozwojem technologicznym społeczeństw i ewolucją realiów ekonomicznej współpracy państw ich rola oraz zakres kompetencyjny ulegały stopniowemu wzrostowi. PE jest jednym z kluczowych elementów systemu instytucjonalnego Unii Europejskiej, a tym samym jedynym organem, którego skład jest wybierany w bezpośredniej elekcji. Organ ten, jako forum powszechnej reprezentacji przez wybranych deputowanych z państw wspólnoty, skupia poglądy i stanowiska nie tylko samych reprezentantów, ale również ich elektoratu. Parlament jest również wyrazem wielonarodowej społeczności UE, jej głosem i dążeniem do wpływania na losy całej UE. Artykuł przedstawia ewolucję Parlamentu Europejskiego oraz ordynacji wyborczej w wyborach do tegoż organu od początku jego kształtowania się jako instytucji Unii Europejskiej do chwili obecnej. Celem niniejszego artykułu jest ukazanie przemian, jakie od początku tworzenia się PE następowały w ustawodawstwie UE w odniesieniu do samego PE oraz do ordynacji wyborczej, w oparciu o którą wyłaniani są jego członkowie. Podstawową tezą przedmiotowego artykułu jest zagadnienie, jak wyglądał proces ewolucji PE na przestrzeni lat, jak zmieniała się jego pozycja w systemie instytucjonalnym UE oraz jak z biegiem lat dążono do ujednolicenia procedury wyborczej w wyborach do tegoż organu. Artykuł dotyczy ewolucyjnej pozycji ustrojowej PE. Skupia się na wybranych aspektach ujednolicania procedury wyborczej w wyborach do PE z uwagi na ich przełomowość i doniosłość w obowiązującej obecnie procedurze.
EN
It is without any doubt that one of the most important elements of every democratic political system is a Parliament, that is, a collective authority elected in direct elections, which is simultaneously an emanation of will of citizens as a sovereign. Over the years of the technological development of societies and evolution of the economic cooperation amongst states, its role and scope of responsibilities have gradually grown. The European Parliament is one of the key elements of the institutional system of the European Union, and thus, the only body, the composition of which is elected in direct election. This body, as a forum for universal representation by the elected deputies from the member states, brings together views and positions not only of the representatives but also of their electorate. The parliament is also an expression of the multinational EU community, its voice and its desire to have influence on the fate of the entire EU. This article presents the evolution of the European Parliament and of the election law concerning this body, since its formation as an institution of the European Union until now. The purpose of this article is to present changes which have taken place in the EU legislation in respect of the electoral law, on the basis of which members of the parliament are elected, since the formation of the EP. The main subject of this article covers following issues: how the evolution process of the parliament has looked like over the years, how its position in the institutional architecture of the EU has been evolving and how it has been endeavoured to harmonize electoral procedures to this body over the years. The article is about the evolutionary political position of the EP. The article focuses on selected aspects of unification of the electoral procedure for the election to the EP due to their path-breaking character and importance of the procedure being currently in force.
EN
League of Polish Families (LPR) achieved great political success against other na-tional parties in 3rd Republic of Poland. The party had representatives in the Polish parliament and government, European Parliament and Voivodeship sejmiks. This success was a result of their political programme, exposing sovereign national policy and consol-idation of different parties of Polish national right. Defeat of LPR was caused by ideolog-ical and personal conflicts amongst the party’s leaders and between central management and local structures. Those problems led to internal divisions in party and decrease influ-ence of LPR in Polish society.
EN
According to the Code of Good Practice in Electoral Matters, adopted by the Venice Commission, the fundamental elements of electoral law should be closed to amendment less than one year before an election or be written in the constitution or at a level higher than ordinary law. Unfortunately the Constitution of the Republic of Poland and Electoral Code do not protect the stability of the law to a suffi cient extent. Lack of restrictions caused in recent years the state of the affairs, where the electoral law have been frequently modifi ed just before the elections, mainly because of the particular interests of ruling party. However, in 2006 the Constitutional Tribunal referred positively to the suggestions of the Venice Commission and introduce to the legal system the principle of stability of electoral law, related to democratic rule of law. From this moment the essential elements of the electo ral law must be adopted at least six months before the next election, understood not only as the act of voting, but as a whole the activities covered by the electoral calendar. This article tries to answer the question: how we should understood the term “fundamental elements of the electoral law” and how to calculate the six months period, during which any change of electoral law are prohibit. It will be taken into consideration also critical comments and questions that have emerged during the adjudicate the conformity of statutes by the judges of the Constitutional Tribunal.
EN
In the election campaign, politicians use the media to improve the image. They also want to discredit political opponents. They use rumors and factoids. Politicians in „Wprost” before the parliamentary election in 2011, in Poland, they created positive image and they competed about the place on the election list. Because of celebritisation of politics disappeared border between the public sphere and the private sphere of the activities. Politicians in the pre-election interviews are telling about family, hobby, the private life and friendships. In this way, they let journalists on continuing the subject of their private life on. The text illustrated with examples taken from polish politics before the parliamentary election in 2011.
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EN
The theme of the article is the election to the House of Representatives - the lowest chamber of the Belorussian parliament - which took place in September 2012. Successively, all the issues connected with the election campaign, its course and results are presented, taking the opposition’s situation into consideration. Most attention is paid to national and foreign obse¬rvers’ opinions concerning the proper compliance with democratic rules and procedures during the election. The election to the House of Representatives seems to be of little importance when it comes to the real political authority in Belarus. However, the election campaign seemed to be an opportunity for the opposition to fill an information gap among the voters. The Belorussian opposition’s weaknesses, especially an inability to negotiate, are shown. The election results were not accepted by the UE and most of international organiza¬tions. This fact suggests that Minsk will still be isolated and dependent on Moscow’s aid.
Decyzje
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2020
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issue 34
31-48
EN
This paper proposes a correction to the Flis-Słomczyński-Stolicki (2019, 2020) formula for countries with large variation among their districts in terms of political divisions. The Flis-Słomczyński-Stolicki formula (FSS formula) estimates seat allocations under the Jefferson-D’Hondt method by using national vote shares, as well as other parameters that are often readily available. However, the FSS formula does not yield precise estimates in those countries where there are independent candidates, special rights assigned to minority parties, signifi cant variation in district sizes, or an unequal distribution of votes due to ethnic or other regional divisions. Hence, I propose dividing the national distribution of votes into regions that satisfy the assumptions of the FSS formula within their district borders. By applying the FSS formula to regions consisting of historically and politically homogenous districts, I demonstrate that the formula’s estimates become signifi cantly more precise. For instance, by applying the regional correction to the 2018 Turkish Parliamentary elections, as well as other Turkish elections between 2007 and 2015, I show that the formula with the correction in three separate regions improves the Loosemore-Hanby goodness of fi t estimates from 2.1 to 3.41 percentage points (95% CI). Thus, the correction might signifi cantly improve the estimates of the FSS formula in various countries, including Spain, Peru, and Belgium.
EN
According to the sources most commonly referred to, such as the International Institute for Democracy and Electoral Assistance or United Nations Development Programme, Electoral Management Bodies can be basically classified into three models: the governmental model, independent model and mixed model. The selection of a particular model of electoral administration is at the discretion of state authorities, however, there are some universal guidelines that should apply to all electoral bodies. The Independent Model of electoral management is very often used in new or emerging democracies, which is obviously dictated by the lack of trust in the previous authoritarian or totalitarian regimes. Countries with stable democracy, such as West European countries and the United States, have no similar experiences, so their electoral administrations are based on the government model or mixed model. The article presents electoral management bodies in eight countries, representing different continents and various political regimes, e.g. Iran, Brazil, Republic of South Africa, New Zealand and Spain. Each electoral authority has to effectively perform the assignment task, that is why their independence must be guaranteed irrespective of their organizational or financial, circumstances and, even, of the method of selecting their members.
EN
The electoral system plays an important role in the process of the determining of the election results. It enables the distribution of the seats among the competing electoral committees, and it affects the balance of the political forces in the representative bodies. But the meaning of the electoral system is not limited to the electoral process. The elec-toral system affects also the communication of the elected people with the voters. The electoral code introduced important changes in the manner of the conduct of elections to the municipal councils. The purpose of this presentation is an attempt to analyse how much these changes may affect the reinforcement of the ties between the councillor and the voters and they may contribute to better representation of the interests of the elec-torate in the work of the municipal council.
EN
The parliamentary elections in 2011, accounted for another installment of the rivalry between the two major parties: Platforma Obywatelska and Prawo i Sprawiedliwość. The most expected moment of the campaign was the debate between the leaders of the two formations, which could help the undecided voters to compare the images and programs of candidates. Lack of TV duel major politicians, made the interview by journalist Tomasz Lis with statesman Jarosław Kaczyński has become a substitute for debate. Because of diversity of views of both interlocutors and the course of the meeting, the event attracted a lot of emotion and audiences. Eristic techniques used during the program could indicate the involvement of publicist, who wanted to prove the falsity of the image of politics. Jarosław Kaczyński mindful of the experience of 2007, when he lost the debate with Donald Tusk, this time prepared to meet substantially, using a variety of techniques. The aim of this article is to present the most important moments of the interview and evaluate the role of event made for the election campaign.
EN
On 6 May 2015, the Act No. 52 was passed. It introduced important changes in the method of electing the composition of the Italian Chamber of Deputies. The most important of them consisted in a change in the construction of the majority bonus, as it was not enough to obtain the largest number of votes to receive extra seats. An additional requirement was imposed according to which bonus seats will be granted only to a grouping which reaches at least 40% of valid votes. In the judgment of 25 January 2017 (Ref. No. 48b/2015) the Constitutional Court of the Italian Republic found the unconstitutionality of the majority bonus. One of the main objections of the Court was to seek the authors of the challenged legal regulation to create each time a parliamentary majority capable of forming a stable government, at the expense of a high imbalance in the fi nal allocation of seats in the Chamber of Deputies, which violates Article 48 para. 2 of the Constitution of the Italian Republic
EN
The adoption of smart card technology in various parts of Africa has reduced electoral malpractices, resulting in election credibility and acceptability. However, its use in Nigeria’s electoral process is believed to have downsides. The paper investigates how adopting smart card technology reduced electoral malpractices during the 2019 presidential election, making it more transparent, credible, and reliable than the traditional technique. It uncovers the flaws of the technology in Nigeria, including card reader malfunction, delays in accreditation and voting, the inability of the INEC staff to operate the technology efficiently during voting, and election postponement, among others. It is therefore recommended that the INEC improve public awareness of the use of the technology and train its staff.
EN
The main research hypothesis of the article is as follows: the postulates of th electoral manifestos of the Law and Justice (PiS), Civic Platform (PO) and United Left (ZL) parties had a crucial impact on their success or failure in the 2015 parliamentary elections in Poland. The manifesto of each party is briefly described here.Owing to the interdisciplinary nature of the text, it applies political, sociological and philosophical approaches. During the verification of the main hypothesis it turns out that both PiS and PO emphasized social issues (mainly of economic character) during their electoral campaigns. This common factor was a feature distinguishing these two parties from the others during the elections. It can be assumed, with a fair degree of probability, that this was a key factor in the victory of PiS. The article attempts tospecify the underlying ideological currents of political parties in Poland in 2015 (Conservatives, Liberals, Socialists). The analysis may contribute to the further investigation of rivalry in the electoral process in Poland.
PL
Główna hipoteza badawcza postawiona w artykule brzmi: postulatyprogramowe (wyborcze) partii PiS, PO i ZL, miały decydujący wpływ na sukces wyborczy tych partii w wyborach parlamentarnych w Polsce w 2015 roku. Celem autora była charakterystyka programów wyborczych prawicowych i lewicowych partii oraz koalicji wyborczych przed wyborami parlamentarnymi w 2015 r. Scharakteryzowane zostały programy wyborcze poszczególnych komitetów wyborczych. W artykulepodjęto próbę charakterystyki partii politycznych posiadających największy potencjał wyborczy i reprezentujących główne nurty ideowe w Polsce: konserwatywny, liberalny oraz socjaldemokratyczny. Tekst ma charakter interdyscyplinarny, problem badawczy został przeanalizowany z perspektywy politologicznej, socjologicznej i filozoficznej. Weryfikując hipotezę postawioną w pracy, zauważono, iż występuje dużeprawdopodobieństwo, że to właśnie (socjalny) program wyborczy partii PiS, miał kluczowy wpływ na jej wynik wyborczy. Próba odpowiedzi na postawione pytanie badawcze może wnieść istotny wkład w dalsze badanie procesu rywalizacji wyborczej partii politycznych w Polsce.
EN
This article includes a deepened presentation and a commentary on some elements of the procedure of the election of the Pope, which underline the unity of the believers’ community. It is a unity in the sense of a participation of the whole Church in the election process, and secondly in that a special strengthening of the Pope to fulfill the ministry of unity of the Christ’s Church is accomplished by his election. The elements in question are as follows: entrusting of the election of the Bishop of the Church of Rome to the Cardinals of the Holy Roman Church, a majority of votes necessary for a valid election of the bishop of Rome, and a spiritual dimension of a conclave, as well as a calling directed to all the Faithful to participate in this special act.
EN
The article concerns a legal way of election the President in the Polish legal order between second world war. The April Constitution 1935, which made the head of state the most powerful body, tried to reflect the political orientation of its creators. The Constitution from 1935 was made personally for Józef Piłsudski. The political option, ruling Poland after 1926, had to construct the wise of president election, which would be secure for the this option.
EN
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.
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