Supreme Court dismissed referendum campaign complaint due to lack of statutory remedy for defect correction.
Legislator summary
AI generatedThe Supreme Court dismissed the Association's complaint against the Electoral Commission's refusal to issue a referendum campaign certificate. The Association argued its statutory goals aligned with the EU accession referendum, but failed to prove any actual activities supporting the specific referendum subject matter. The court ruled that the relevant referendum law does not provide a mechanism for the Commission to request the removal of defects in a complaint, thereby precluding any review of the substantive argument regarding the Association's activities.
Legislator headnote
AI generatedUstawa o referendum ogólnokrajowym z dnia 14 marca 2003 r., art. 48 ust. 1 pkt 3c; art. 48 ust. 7: The court lacks jurisdiction to examine substantive defects in a complaint regarding campaign eligibility because the statute does not prescribe a procedure for the interested party to correct such defects.