- Tytuł:
- On the Issue of Compensatory Liability of Circuit Electoral Commission Members Acting as Public Officials
- Autorzy:
- Zych, Radosław
- Tematy:
-
public official
circuit electoral commissions
compensatory liability
judicial decisions
public authority - Pokaż więcej
- Wydawca:
- Stowarzyszenie Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego
- Powiązania:
- https://bibliotekanauki.pl/articles/55991766.pdf Link otwiera się w nowym oknie
- Opis:
- The purpose of this paper is to answer the question whether the following can incur civil liability for damage caused by an unlawful act or omission committed by members of circuit electoral commissions: Is it the State Treasury or a local government unit or another legal person exercising public authority under the law? In my opinion it is necessary to verify the hypothesis whether the activity of members of circuit electoral commissions constitutes exercise of public authority. Moreover: Is the manner of appointing their members, their qualifications and competences important for qualifying them in this category? This paper examines the case law of the Supreme Court and common courts of various instances, starting from 2013. This date is justified by the expiry of the relevant deadline since the entry into force of the Electoral Code, which would make it possible to identify matters that are subject to my considerations. I believe the activities of circuit electoral commissions can be said to have a special character because the credibility of the voting process and the determination of its results depend on their work.
- Dostawca treści:
- Biblioteka Nauki
Artykuł