Important information on the rules and procedures for lodging election protests in the election to the European Parliament, scheduled for 9 June 2024.
TIME LIMIT
Protests against the validity of the election to the European Parliament shall be lodged with the Supreme Court
in writing within 7 days of the day on which the election results were announced by the National Electoral Commission (PKW) in the Journal of Laws of the Republic of Poland (Dziennik Ustaw Rzeczypospolitej Polskiej).
No effective protest can be lodged before the announcement of the election results.
HOW TO LODGE A PROTEST?
Election protest can be lodged directly to the Supreme Court. The indicated point for lodging protests in the building of the Supreme Court in Warsaw at pl. Krasińskich 2/4/6 is open from Monday to Friday between 8:00 and 16:00.
Election protest can be sent at a Polish postal facility of a designated operator within the meaning of the Act of 23 November 2012 - Postal Law. By decision of the President of the Office of Electronic Communications, the designated operator for 2016-2025 is
‘Poczta Polska’.
A protest posted at another operator must be received by the Supreme Court before the expiry of the time limit for lodging a protest, therefore sending a protest by e.g. a courier does not guarantee that the time limit for lodging a protest will be met.
Voters who are staying abroad or on a Polish sea vessel may lodge an election protest with the territorially competent consul or shipmaster respectively.Such voters must attach to their protest a notice of appointment of their election agent (representative) resident in Poland or a representative for delivery resident in Poland. A protest sent to the consul by foreign post or courier must be received by the consular office before the expiry of the time limit for lodging a protest.
WHO CAN LODGE A PROTEST?
The right to lodge an election protest is vested in a specific group of entities. These are:
the voter, the election agent, and the chairman of the competent electoral commission.
No other entity, e.g. a company, foundation, union, etc. can lodge a protest. Complainants are not obliged to appoint a professional representative (advocate, attorney-at-law), they can lodge a protest in person.
FORMAL REQUIREMENTS
The protest must be lodged in writing.Lodging of an election protest in a form other than in writing, i.e. by fax, e-mail, or ePUAP, is not admissible.
An election protest, in order to be examined on its merits,
MUST NOT CONTAIN FORMAL DEFECTS. The protest must meet the requirements provided for in the Electoral Code, as well as meet the general conditions of a pleading specified in Article 126 et seq. of the Code of Civil Procedure, i.e. it
must include, in particular:
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identification of the entity lodging the protest with the address and PESEL number;
-
indication in which of the polling districts in the area of the relevant electoral district the name of the person lodging the protest was included in the registry of voters - if the protest is lodged by a voter;
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designation of the representative with the indication of his/her address - if a representative was appointed (the document authorizing to represent the voter should be attached to the protest);
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request for a declaration of invalidity of the election/election in the particular electoral district/election of a particular member of the EU Parliament;
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presentation or indication of the evidence on which the allegations are based;
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reasons for the allegations;
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the handwritten signature of the person lodging the protest or his/her representative.
If the election protest is lodged by a person staying abroad or on a Polish sea vessel - the protest must ADDITIONALLY include:
-
the designation of a representative residing in Poland or a representative for delivery residing in Poland with the indication of respective address (the document authorizing to represent the voter should be attached to the protest).
COURT PROCEEDINGS
The Supreme Court examines protests
in a 3-judge bench, in non-contentious proceedings, whose participants are the entity lodging the protest, the chairman of the relevant electoral commission or his deputy (in practice, the Chairman of the National Electoral Commission and the chairman of the relevant District Electoral Commission) and the Prosecutor General.
As a general rule,
the Supreme Court examines protests in a closed session, in which only judges are present, excluding the participation of third parties.
For important reasons, protests may be referred for examination in a public session (hearing), in which the participants in the proceedings, as well as representatives of the media and the public, may also attend.
If, in the course of the examination of a protest, the need to take evidence arises, then a decision on admitting and taking of evidence, e.g. from the testimony of witnesses or the examination of ballot papers, is issued. The selection of evidence depends on the requests of the entity lodging the protest and the circumstances of the particular case. In practice, taking of evidence is commissioned by the Supreme Court to other courts - district courts or regional courts. In previous legal aid requests, it has been pointed out that it is necessary to take such evidence in open session. The scheduling of a public hearing and the direct taking of evidence before the Supreme Court is conditioned by reasons of procedural economy.
POSSIBLE DECISIONS
Leaving the protest without further proceedings means that the protest cannot be examined on its merits due to formal reasons. This will be the case, e.g. when: the protest is lodged by an unauthorised person or does not meet the formal requirements, i.e. it was lodged in breach of the time limit; it contains no allegations; it fails to present or indicate the evidence on which the allegations are based; and, in the case of a protest lodged abroad or on a Polish sea vessel, it does not contain a notice of the appointment of a representative or a representative for delivery residing in Poland. The Supreme Court shall also leave without further proceedings a protest concerning an issue for which the Electoral Code provides that a complaint or appeal may be lodged with a court or with the National Electoral Commission before the voting day.
If the protest meets the formal requirements, then its examination is concluded by issuing the decision in which the Supreme Court expresses its opinion on the protest.
The Supreme Court may find the protest unfounded or well-founded. In the latter case, the Supreme Court indicates whether the irregularities found affected the election result.
The Supreme Court may also
discontinue the proceedings if the entity lodging the protest withdraws it or if issuing a decision for other reasons is unnecessary or inadmissible.
RESOLUTION ON THE VALIDITY OF THE ELECTIONS
After examining all election protests, the Supreme Court,
sitting in the full Extraordinary Review and Public Affairs Chamber, on the basis of the election report submitted by the National Electoral Commission and the opinions issued following the examination of the protests, shall decide on the validity of the election as well as on the validity of the election of the MP against whom the protest was lodged. The decision shall have the form of a resolution, which shall be issued
no later than on the 90th day after the election day, at a public session
with the participation of the Prosecutor General and the Chairman of the National Electoral Commission. Representatives of the media, as well as the public, may attend the public hearing.