Supreme Court dismisses appeal; referendum campaign rights require updated statutes registered in the Court Register.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Foundation Rademenes' appeal against the Electoral Commission's refusal to issue a certificate for referendum campaign participation. The Commission denied the request because the Foundation's amended statutes, which added relevant campaign goals, had not yet been entered into the Court Register. The Court ruled that for legal acts concerning foundations, the register entry is constitutive, meaning the Foundation's activities must be judged based on the unregistered version of its statutes at the time of the application.
Legislator headnote
AI generatedArt. 48 ust. 2 pkt 3, ust. 3, ust. 4 ustawy o referendum ogólnokrajowym; Art. 11 ust. 2, Art. 9 ust. 1 ustawy o fundacjach; Art. 14 ustawy o Krajowym Rejestrze Sądowym: The entry of a foundation's statute changes into the Court Register is constitutive, requiring the applicant to rely on the registered text of the statute when claiming rights under referendum laws.