Problemy orzecznictwa Sądu Najwyższego związanego z wyborami parlamentarnymi z 2011 r.

The parliamentary election of 2011 was the first Polish elections carried out in accordance with the provisions of the Electoral Code which entered into force on 1 August 2011 and replaced previous numerous legislative acts governing the electoral law, including the Act on Elections to the Sejm and to the Senate. The examination of electoral complaints, filed in connection with these elections, revealed the first major problems in the case law of the Supreme Court concerning the interpretation of the provisions of the Code. The author presents these problems taking into account the criticism of the Supreme Court formulated by the National Electoral Commission, the Public Prosecutor General, as well as legal academics interested in electoral studies. The culmination of this presentation is the author’s proposal that the necessary amendments be made to the provisions of the Electoral Code in relation to the problems that emerged in the current practice of their application. The author also provides an assessment of draft legislation, currently being before Parliament, which affect those issues, and an assessment of the latest amendments to the Electoral Code introduced by the Act of 11 July 2014 insofar as they relate to the issues discussed.