The election must be ?fair?, i.e. its legal framework and practical implementation must ensure the free expression of the opinion of the people in the choice of the legislature or other representative body. Fairness of elections constitutes a prerequisite for the proper implementation of the five fundamental rules of suffrage (universal, equal, free, secret, and direct) which, taken together, constitute the European electoral heritage. This article discusses the European standards of ?fair elections? in five specific fields: stability of electoral legislation, postal voting, misuse of public means in the electoral campaign, the role of the public media in the electoral campaign, and adjudication of electoral disputes. Particular attention is given to the caselaw of the European Court of Human Rights and the opinions of the Venice Commission. These standards are confronted with the Polish electoral laws and practice, in particular, the experience of the 2020 presidential elections.

The European Standards of „Fair” Elections (the Venice Commission and the European Court of Human Rights)

The election must be ?fair?, i.e. its legal framework and practical implementation must ensure the free expression of the opinion of the people in the choice of the legislature or other representative body. Fairness of elections constitutes a prerequisite for the proper implementation of the five fundamental rules of suffrage (universal, equal, free, secret, and direct) which, taken together, constitute the European electoral heritage. This article discusses the European standards of ?fair elections? in five specific fields: stability of electoral legislation, postal voting, misuse of public means in the electoral campaign, the role of the public media in the electoral campaign, and adjudication of electoral disputes. Particular attention is given to the caselaw of the European Court of Human Rights and the opinions of the Venice Commission. These standards are confronted with the Polish electoral laws and practice, in particular, the experience of the 2020 presidential elections.