Legislator Case Law & Legislation
III SW 14/00 AI generated

Supreme Court allows protest against presidential election despite voter removal due to procedural impossibility of appeal.

Case Number III SW 14/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court ruled that the protest filed by Stanisław R. was admissible despite his removal from the voter list. The Court found that the electoral commission incorrectly removed him based on a flawed court order regarding his civil rights status, which he could not legally challenge. Although the removal violated election laws, the Court determined this error did not alter the final election result.

Legislator headnote

AI generated

Art. 72 ust. 2; Art. 74 ust. 2 ustawy o wyborze Prezydenta RP: The right to file a protest is not denied to a voter removed from the list if they lacked the possibility to effectively use legal remedies against that removal.

Keywords

AI generated
protest admissibility voter list removal procedural impossibility presidential election legal remedies exhaustion

Cited Legislation

AI generated
art. 72 ust. 2 w związku z art. 74 ust. 2 i art. 38 oraz art. 39 ustawy z dnia 27 września 1990 r. o wyborze Prezydenta Rzeczypospolitej Polskiej
art. 75 ust. 1 i 1a ustawy o wyborze Prezydenta

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