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Commentary to the resolution of the Supreme Court of January 19, 2016 (Ref. No. III SW 168–169/15). Stating the validity of elections to Sejm and Senate. Does higher electoral thresholds have sense?

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Langer W.

Constitutional Review

2017

issue 2

The Election Code of Poland enables two electoral thresholds: 5% for the political parties’ election committees, and 8% for the coalition of election committees. The Supreme Court held that making an informal alliance of the political parties which decide to run a joint election list, allows to lower electoral threshold. This solution favors not following the statutory electoral thresholds agreed for in the process of forming the electoral coalition. Those election committees which have formed the actual coalition, without notifying the National Electoral Commission, are in more favorable position as they gain the seats above the threshold of 5%, whereas those committees which followed the statutory notification requirement are eligible to participate in the distribution of seats only if exceeding the higher, 8%, threshold. Therefore, the key question to ask is whether keeping the varied electoral thresholds makes sense.

FUNKCJE PRAWA WYBORCZEGO W KONTEKŚCIE WYBORÓW DO PARLAMENTU EUROPEJSKIEGO

100%

Langer W.

Polityka i Społeczeństwo

2015

vol. 13

issue 1

23-35

The text contains a catalog of the functions of electoral law (creating, expressing the will of the voters, legitimizing, controlling and integrating) and a brief description of their character. Then, the European Parliament is described, focusing on regulations concerning the election procedure, both on a European and national level. The next part presents an evaluation of each function’s implementation, through the norms of electoral law to the European Parliament, particularly in the context of the elections of the 25th May 2014 from the Subcarpathia district, especially on the basis of the elec-tion’s results, stated in the declaration of the State Election Commission of the 26th May 2014.

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1 Constitutional Review

1 Polityka i Społeczeństwo

2 Langer W.

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Commentary to the resolution of the Supreme Court of January 19, 2016 (Ref. No. III SW 168–169/15). Stating the validity of elections to Sejm and Senate. Does higher electoral thresholds have sense?

FUNKCJE PRAWA WYBORCZEGO W KONTEKŚCIE WYBORÓW DO PARLAMENTU EUROPEJSKIEGO