Legislator Case Law & Legislation
III SW 17/01 AI generated

Supreme Court allows election committee notification without prior valid court registration of the political party.

Case Number III SW 17/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland declared the election commission's refusal to accept a party's notification valid, ordering its revocation. The applicant, representing the 'Alternatywa Ruch Społeczny' committee, argued that the law only requires an authenticated extract from the party registry, not proof of a final court ruling on registration. The court held that requiring a final court decision would create unreasonable delays for new parties and contradict the purpose of the election ordinance, thus allowing the notification to proceed with just the registry extract.

Legislator headnote

AI generated

Art. 12 ust. 1 ustawy o partiach politycznych; Art. 96 ust. 5 pkt 2 Ordynacji wyborczej: The final court decision on a party's registration is not a prerequisite for submitting the election committee's notification, which only requires an authenticated extract from the party registry.

Keywords

AI generated
political party registration election committee notification final court decision requirement authenticated registry extract election ordinance interpretation new party formation Supreme Court ruling

Cited Legislation

AI generated
Art. 12 ust. 1 of the Political Parties Act
Art. 96 ust. 5 pkt 2 of the Electoral Ordinance to the Sejm and Senate of the Republic of Poland
art. 100 ust. 1 Konstytucji RP

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