Th e Role of the Electoral Commissioner in the Division of Municipalities Into Constituencies

Journal Title: Białostockie Studia Prawnicze - Year 2016, Vol 0, Issue 20

Abstract

Th e subject of this article is to analyze the role of the electoral commissioner in the process of creating constituencies for municipal elections. It presents the evolution of the position of the electoral commissioner with the focus on his functions in relation to the creation of constituencies by the municipality. Th epaper shows the legal nature of a resolution of the municipal council concerning the creation of constituencies and also of a replacement order issued by the electoral commissioner. In addition, the article discusses the problem of supervision and control of a resolution of the municipal council about creation of constituencies for the local elections. Th e main aim of the article is to show that the competence of the commissioner to issue a replacement order infringes Article 87 paragraph 2 of the Polish Constitution, because it grants him the right to enact local laws, and because the lack of possibility to fi le a complaint within the administrative courtfor there solution on creation of constituencies is at variance with Article 45 paragraph 1 of the Polish Constitution.

Authors and Affiliations

Anna Budnik, Marta Czubkowska

Keywords

Related Articles

Concerning Highlights of Mediation Agreements Execution in Belarus

Th e Republic of Belarus is actively developing a variety of alternative dispute resolution mechanisms, in particular mediation. Mediation is a relatively new institution for Belarusian legislation and law enforcement. T...

Application of the Provisions of the Code of Criminal Procedure in Disciplinary Proceedings Against Attorneys

Th e paper presents the problem of applying the provisions of criminal procedure to disciplinary proceedings against attorneys. Th e author will present both the rules that exist under the provisions of criminal procedur...

Prawo spadkowe w obliczu postępu technologicznego (nowe wyzwania w XXI wieku)

Technological progress and achievements in the fi eld of bioethics bring about important changes in the material and personal scope of inheritance law regulation, including the consequences of human death. Particularly,...

Situation of the Incapacitated in Granting Consent to Medical Treatment. Selected Issues

A basic right of each patient is the right to grant consent to medical treatment. A doctor cannot act without the knowledge and will of a patient. Contrary behaviour is treated as illegal. A possibility of using the righ...

Postępowanie apelacyjne w procesie rosyjskim po nowelizacji z 2013 r.

After the reform of the Russian process of 2013, appeal, due to the wide range of decisions which are subject to it, may be referred to as a mean of appeal combining features of the Polish appeal and complaint. In the Ru...

Download PDF file
  • EP ID EP342944
  • DOI 10.15290/bsp.2016.20A.17
  • Views 56
  • Downloads 0

How To Cite

Anna Budnik, Marta Czubkowska (2016). Th e Role of the Electoral Commissioner in the Division of Municipalities Into Constituencies. Białostockie Studia Prawnicze, 0(20), 231-248. https://europub.co.uk./articles/-A-342944