Glosa do Postanowienia Trybunału Konstytucyjnego z dnia 10 stycznia 2023 r., sygn. akt SK 79/19

The article discusses the Ruling of the Constitutional Tribunal of 10 January 2023 (ref. no. SK 79/19) on the discontinuance of examination of the constitutional complaint questioning the compliance of Article 419 § 2 point 1 of the Electoral Code, allowing the creation of single-mandate constituencies in the same commune with populations differing from each other by almost three times, with Article 169, paragraph 2, sentence 1 of the Constitution of the Republic of Poland enshrining the principle of equality of local elections. On the grounds of the analysis of the opinions of the Attorney General and the Sejm of the Republic of Poland presented in the proceedings, the key features of the indicated violation of the constitutional right to substantively equal elections are revealed: i.e. its direct nature, the unambiguity of the provisions causing this violation and the permanence of the effects caused by it.