The rules and procedure for the organisation of parliamentary elections in 2023 are provided for by the Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws No. 78, item 483 as amended) and the Act of 5 January 2011 - Electoral Code (EC) (Journal of Laws of 2022, item 1277 as amended).
The National Electoral Commission (PKW) is the permanent supreme electoral authority competent for the conduct of elections. The PKW accepts notifications on the formation of election committees, but may, however, in cases specified by law, adopt a resolution on the refusal to accept such a notification. The PKW also examines appeals against the decisions of the regional electoral commissions on the refusal to register a list of candidates. The decision of the PKW is adopted in the form of a resolution.
The decision of the PKW:
1) on the refusal to accept the notification on the formation of an election committee in parliamentary elections (Article 205 of the EC) and
2) on the refusal to register a list of candidates in parliamentary elections (Article 218 of the EC and Article 218 in conjunction with Article 258 of the EC)
may be appealed to the Supreme Court.
The most important information with regard to the rules and procedure for lodging the above complaints is as follows.
Complaint against the decision of the PKW on the refusal to accept a notification on the formation of an election committee
TIME LIMIT
The complaint shall be lodged within 2 days of the date on which the decision of the PKW on the refusal to accept a notification on the formation of the election committee was made public.
WHO CAN LODGE A COMPLAINT
The right to lodge a complaint is vested in the electoral representative. Each election committee appoints an electoral representative who is authorised to act for and on behalf of it. Granting the right to lodge a complaint to the electoral representative excludes the possibility of lodging a complaint by other individuals or entities. At the same time, the Electoral Code does not exclude the possibility of appointing a professional representative (advocate, attorney at law).
HOW TO LODGE A COMPLAINT
The complaint should be lodged directly to the Supreme Court (at the Service Desk for the Public in the Supreme Court building in Warsaw at pl. Krasińskich 2/4/6, office 0N39, from Monday to Friday 8.30-15.30). The regulations do not provide for lodging a complaint in any other form than in writing. The complaint must also be signed by the electoral representative. Lodging a complaint via email or the ePUAP system does not meet the requirement.
IMPORTANT
The complaint must meet the general conditions of a pleading as specified in Article 126 of the Code of Civil Procedure (CCP) and be free of formal deficiencies. Due to the short time limit for the examination of the complaint, it is not possible to summon the electoral representative to supplement any deficiencies of the complaint.
DECISION
The Supreme Court shall examine the complaint in a 3-judge bench in non‑contentious proceedings within 2 days. If the Court decides that the complaint is well-founded, the PKW shall immediately accept the notice of formation of the election committee. The Supreme Court may also dismiss the complaint if the Court finds it unfounded or may reject it (if the complaint has been lodged by an unauthorised person or after the deadline, or if it contains other formal deficiencies), or discontinue the proceedings (e.g. if the complaint has been withdrawn). There is no legal remedy against a decision of the Supreme Court.
Complaint against the decision of the PKW on the refusal to register a list of candidates in parliamentary elections
TIME LIMIT
The complaint shall be lodged within 2 days of the date on which the decision of the PKW on the refusal to register a list of candidates in parliamentary elections was made public.
WHO CAN LODGE A COMPLAINT
The right to lodge a complaint is vested in the person submitting the list of candidates (the person submitting the list may be the electoral representative of the election committee or a named person authorised by him or her). Granting the right of lodging a complaint to the person submitting the list of candidates excludes the possibility of lodging it by other individuals or entities. At the same time, the Electoral Code does not exclude the possibility of appointing a professional representative (advocate, attorney at law).
HOW TO LODGE A COMPLAINT
The complaint should be lodged directly to the Supreme Court (at the Service Desk for the Public in the Supreme Court building in Warsaw at pl. Krasińskich 2/4/6, office 0N39, from Monday to Friday 8.30-15.30). The regulations do not provide for lodging a complaint in any other form than in writing. The complaint must also be signed by the person submitting the list of candidates. Lodging a complaint via email or the ePUAP system does not meet the requirement.
IMPORTANT
The complaint must meet the general conditions of a pleading as specified in Article 126 of the CCP and be free of formal deficiencies. Due to the short time limit for the examination of the complaint, it is not possible to summon the electoral representative to supplement any deficiencies of the complaint.
DECISION
The Supreme Court shall examine the complaint in a 3-judge bench in non‑contentious proceedings within 2 days. If the Court decides that the complaint is well-founded, the PKW shall immediately register the list of candidates to the extent indicated in the decision of the Court. The Supreme Court may also dismiss the complaint if the Court finds it unfounded or may reject it (if the complaint has been lodged by an unauthorised person or after the deadline, or contains other formal deficiencies), or discontinue the proceedings (e.g. if the complaint has been withdrawn). There is no legal remedy against a decision of the Supreme Court.