Supreme Court dismisses referendum campaign rights claim due to missing certified statute and statutory interpretation.
Legislator summary
AI generatedThe Supreme Court dismissed the Foundation's appeal against the Electoral Commission's refusal to issue a certificate for referendum campaign participation. The Commission denied the request because the Foundation's statutory goals did not align with the EU accession treaty referendum and because the certified statute was missing from the notification. The Court ruled that the specific referendum law mandates a strict three-day deadline for refusal upon missing conditions, overriding general election procedure rules and preventing the applicant from curing the defect.
Legislator headnote
AI generatedArt. 48 ust. 2, 4, 7 ustawy o referendum ogólnokrajowym; Art. 64 § 2 KPA; Art. 102 ust. 2 Ordynacji wyborczej: The specific referendum law's mandatory three-day refusal period for missing statutory conditions prevails over general election procedure rules, and the lack of a certified statute constitutes an absolute bar to campaign rights regardless of the applicant's activities.