Glosa do wyroku Naczelnego Sądu Administracyjnego z 16 sierpnia 2018 r. (sygn. akt II OSK 2362118)

The commentary contains the analysis of the judgment of the Supreme Administrative Court of 16 August 2018, ref. no. OSK 2362/18, dismissing the cassation complaint submitted by a group of inhabitants of Sulejówek to the judgment by the Voivoideship Court of Appeal in Warsaw, related to maintaining the constitutional principle of equality of elections in dividing the Sulejówek commune into single-member constituencies for the elections to the commune council. In its material aspect, the Court’s judgment considering this division consistent with the principle of equality of elections is contradictory to the universally applied interpretation of the electoral equality norm. The commentary also exemplifies the defectiveness of the Court’s reasoning, as Article 419 § 2 item 2 of the Electoral Code – which is the Court’s opinion is one of the systemic safeguards of the principle of the equality of elections – may have been disregarded in the modification of the boundaries of electoral constituencies.