Validity of legislation passed by Parliament if elections are declared invalid
DOI:
https://doi.org/10.15584/actaires.2024.1.2Keywords:
election, mandate, validity, Supreme CourtAbstract
The purpose of this study was to show how the legality of elections to the Sejm and Senate is scrutinised in Poland and to present the existence of legal acts issued by a defectively filled Parliament.
The main method of research adopted in this thesis was the analysis of Polish court judgments due to the scarcity of doctrinal texts on the subject.
After analysing the sources, the author of the paper identified the theses concerning the validity of legal acts and concluded that the acts issued by the Parliament in the period between its constitution and the issuance of the Supreme Court's decision are valid, and the second thesis concerns the equalisation of the deadlines for the first sitting of the new Parliament and the deadline for the Supreme Court's decision.
The timeliness of the topic is highlighted by the fact that the current year is an election year and the lack of statutory and doctrinal regulation of this issue.