Home > 2.1.3 Jurisdictions > POLAND - Parliamentary Election Law
 
 
 
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Article 82
 
1. The Supreme Court shall, by a bench of the whole Chamber of Labour , Social Insurance and Public Affairs, determine the validity of the elections, and of the election of a deputy to the Seym or a senator against whom a protest has been lodged on the basis of a report submitted by the National Electoral Commission and judgements resulting from the examination of the protests.
In such proceedings, the provisions of Articles 18 and 19 of the Act of the 20th September 1984 – on the Supreme Court (Journal of Laws of 1994, No. 13, item 48, of 199r No. 34, item 163, of 1996, No. 77, item 367, of 1997, No. 75, item 471, No. 98, item 604, No. 106, item 679 and No. 124, item 782, and of 1999, No. 75, item 853 and No. 110, item 1255) shall be applied respectively.
2. The Supreme Court shall take the decisions referred to in paragraph 1 in the form of a resolution adopted no later than the 90th day after polling day, at a sitting attended by the Procurator General and the Chair of the National Electoral Commission.
3. If the Supreme Court, following a decision invalidating the election in a constituency or the election of a deputy to the Seym or a senator, shall resolve the seat/s to be vacant by reason of invalidation, then repeat elections or other appropriate electoral procedures must be conducted on Polish territory according to the principles and procedures of this Act.
4. The resolution of the Supreme Court shall be immediately submitted to the President of the Republic and to the Marshal of the Seym or the Marshal of the Senate respectively, and to the National Electoral Commission.
5. The resolution of the Supreme Court shall be announced in the Journal of Laws of the Republic of Poland.
6. In cases referred to in paragraph 3 above seats shall be vacant on the day of publication of the resolution of the Supreme Court.