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Protest wyborczy w wyborach parlamentarnych

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Banaszak B.

Przegląd Sejmowy

2014

issue 1(120)

49-62

Election protest is one of the institutions enabling the review of validity of elections. It is associated with judicial verifi cation. The Constitution does not regulate electoral protests, delegating that task to the legislature. Provisions governing election protests in parliamentary elections are dispersed across the Electoral Code. The Code does not contain specifi c rules regarding the conduct of election protests in elections to the Senate, but is limited to a general referring clause in Article 258, which required application of the provisions governing the validity of elections to the Sejm. The ground of the protest are acts constituting election offense or tort. According to the jurisprudence of the Supreme Court examining the election protests concerning parliamentary elections, any violation of the provisions of the Electoral Code will not necessarily lead to the declaration of invalidity of the election, although any such violation may give rise to election protest. There must be a causal link between the breach of the Electoral Code and the defectiveness of the process of voting and establishing the election results. In judicial practice of the Supreme Court only in a few cases, the allegations raised in election protests are considered to affect the outcomes of elections.

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1 Przegląd Sejmowy

1 2014

1 Banaszak B.

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Protest wyborczy w wyborach parlamentarnych