Supreme Court dismisses appeal; unauthorized association representation constitutes fatal formal defect under referendum law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Polish Regional Branch of the 'Sobor Wszechsłowiański' association's appeal against the Electoral Commission's refusal to issue a referendum campaign certificate. The Commission rejected the application because the association's representative failed to comply with its own statutes, which required dual signatures from the Board and Vice-President, whereas only one signature was provided. The Court held that this statutory non-compliance is an irreparable formal defect that invalidates the notification, regardless of the association's statutory goals or the Commission's minor naming error.
Legislator headnote
AI generatedArt. 48 ust. 1 pkt 3; Art. 48 ust. 2; Art. 48 ust. 4; Art. 48 ust. 7 ustawy o referendum ogólnokrajowym: A failure to comply with the association's own statutory requirements for representation constitutes an irreparable formal defect, mandating the refusal of the referendum campaign certificate without possibility of correction.