In August 2010, an election official decided to increase the number of the electoral districts within Białołęka, a Warsaw district, from three to four. However, the decision was issued after the lapse of the respective period set out in the electoral law.
In January, the Circuit Court resolved to summarily dismiss Mr Kamionowski’s protest, saying that the complainant could have raised his objections before the elections had taken place.
Mr Kamionowski appealed this decision before the Appellate Court. On Thursday, May 12th, the Appellate Court dismissed the appeal and reiterated the lower court’s argument.
‘The Appellate Court entirely failed to rule on the merits of the case’, says Irmina Pacho, HFHR. ‘The judges declined to rule on the legality of the elections to the local district council, focusing, similarly to the first instance court, on procedural requirements.’
The courts interpreted the electoral law in a way materially exceeding the scope of the complaint but failed to indicate when and by whom the complaint would have to be filed.
In the HFHR’s opinion, such interpretation of the law resulted in the refusal to examine the protest on its merits. Further, a ruling like this one makes a common voter uneasy about the way the law in force is construed. ‘Consequently, this may lead to voters having major difficulties with enforcing their legal rights related to elections’, adds Ms Pacho.
