The National Electoral Commission (PKW) is the permanent supreme electoral authority competent for, inter alia, the conduct of elections. Pursuant to Article 161(1) of the Electoral Code, the PKW may issue guidelines binding on electoral commissioners, electoral officials and lower-level electoral commissions, as well as explanations to organs of government administration and organs of local self-government units, as well as organisational units under their authority performing tasks related to the conduct of elections, election committees, and radio and television broadcasters.
The decision (resolution) of the PKW on the issues of guidelines and explanations may be appealed to the Supreme Court.
TIME LIMIT
A complaint should be lodged within 7 days from the date of publication of the resolution in the Public Information Bulletin on the website of the National Electoral Commission. There is no obligation to publish the resolution in the Official Journal of the Republic of Poland "Monitor Polski", therefore the time limit for lodging a complaint commences from the date of its announcement in the BIP on the website of the PKW.
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. 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).
A complaint lodged with a postal operator, must be received by the Supreme Court before the time limit for lodging it, therefore sending the complaint by post does not guarantee that the time limit for lodging the complaint is met (Article 9(1) of the Electoral Code).
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 entity lodging it to supplement any deficiencies of the complaint.
EFFECTS OF LODGING A COMPLAINT
Lodging a complaint suspends the enforcement of the resolution of the National Electoral Commission in the scope to which the complaint concerns. If less than 7 days remain until election day, lodging a complaint does not suspend the execution of the resolution, unless the Supreme Court decides otherwise.
DECISION
The Supreme Court shall examine the complaint in a 3-judge bench in non‑contentious proceedings within 7 days. The participants in the proceedings are the applicant and the President of the PKW or his/her deputy.
The Supreme Court may:
1. Declare the complaint to be well-founded, then the PKW shall immediately repeal the challenged resolution or amend it within the scope indicated in the judgment.
2. Dismiss the complaint if it finds it unfounded.
3. Reject the complaint if the complaint is lodged by an unauthorised person or after the time limit, or contains other formal deficiencies.
4. Discontinue the proceedings (e.g. if the complaint is withdrawn).
There is no legal remedy against a decision of the Supreme Court.