III SW 61/95
AI generated
Supreme Court dismissed protest against non-elected candidate as it must target the elected winner only.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Roman W.'s request to invalidate the presidential election results for Lech Wałęsa. The petitioner argued that the Catholic Church violated election silence by campaigning for Wałęsa, but the Court held that the Electoral Law only permits protests against the actual winner of the election. Since Aleksander Kwaśniewski was elected and not Wałęsa, the petitioner lacked standing to file a protest under the cited statute.
Legislator headnote
AI generatedArt. 72 ust. 1 ustawy o wyborze Prezydenta RP; A protest under the Presidential Election Act must be filed against the election of the actual winner, not against a non-elected candidate, thereby invalidating petitions targeting unsuccessful candidates.
Keywords
AI generated
presidential election protest
standing to protest
non-elected candidate
election silence violation
Supreme Court dismissal
Cited Legislation
AI generatedArt. 72 ust. 1 of the Act of 27 September 1990 on the Election of the President of the Republic of Poland
Art. 73 ust. 1 of the Act of 27 September 1990 on the Election of the President of the Republic of Poland