Legislator Case Law & Legislation
III SW 162/11 AI generated

Supreme Court dismisses election protest filed late, ruling postal date to court controls validity.

Case Number III SW 162/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Adam J.'s election protest against the 2011 parliamentary elections because it was filed after the statutory deadline. Although the applicant submitted the document to the prosecutor's office first, the court determined that the legal filing date is the day it was mailed to the Supreme Court via public postal service. Consequently, the court ruled that the protest was inadmissible as it failed to meet the strict seven-day filing requirement.

Legislator headnote

AI generated

Art. 101 Konstytucji RP; art. 241 § 1 Kodeksu wyborczego; Art. 243 § 1 Kodeksu wyborczego: A protest against election validity must be filed directly with the Supreme Court within seven days of the results' publication, and the date of mailing to the Court determines admissibility, precluding late filings.

Keywords

AI generated
election protest admissibility statutory filing deadline postal service date rule Supreme Court jurisdiction parliamentary election validity

Cited Legislation

AI generated
Art. 101 Konstytucji Rzeczypospolitej Polskiej
art. 241 § 1 Kodeksu wyborczego
art. 243 § 1 Kodeksu wyborczego
art. 101 Konstytucji

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