On 15 September 2023, the Supreme Court, sitting in the Extraordinary Review and Public Affairs Chamber, rejected an application filed by the representative of the Election Committee Polska Liberalna Strajk Przedsiębiorców (Committee) to secure electoral rights by ordering the National Electoral Commission (PKW) either to include the Committee in the draw of numbers among election committees that have registered their lists in all electoral districts, or to withhold the draw.
On 13 September 2023, the representative of the Committee filed an application to the Supreme Court "to secure electoral rights" by ordering the PKW to include the Committee in the draw for the numbers of the "national list" or, alternatively, to withhold the draw until the question of registration of the Committee's lists has been legally resolved.
The Supreme Court rejected the Committee representative's application to secure the electoral rights due to its inadmissibility.
The Electoral Code provides for neither a provision on the basis of which an application to secure electoral rights can be filed, nor a provision indicating the grounds, form or scope of possible security and, in particular, authorising the Supreme Court to grant such security. The Electoral Code also does not refer to other procedural provisions that may provide a possible basis for granting the requested security.
In view of the Supreme Court's jurisprudence, granting security in public cases is only possible as an exceptional situation, provided that there is a clear provision of public law which specifies in detail the entity authorised to grant such security, its form and scope (see the Supreme Court's judgments of: 27 March 2019, I NO 59/18; and 19 September 2019, I NSW 69/19).
Since the possibility of filing an application "to secure electoral rights" is not provided for in the Electoral Code in the scope indicated by the applicant, as well as in any other normative act, it must be considered that such an application is inadmissible.