TY - JOUR
TI - Commentary to the resolution of the Supreme Court of January 19, 2016 (Ref. No. III SW 168–169/15). Stating the validity of elections to Sejm and Senate. Does higher electoral thresholds have sense?
AU - Langer, Wojciech
TI - Commentary to the resolution of the Supreme Court of January 19, 2016 (Ref. No. III SW 168–169/15). Stating the validity of elections to Sejm and Senate. Does higher electoral thresholds have sense?
AB - 
	The Election Code of Poland enables two electoral thresholds: 5% for the political parties’ election committees, and 8% for the coalition of election committees. The Supreme Court held that making an informal alliance of the political parties which decide to run a joint election list, allows to lower electoral threshold. This solution favors not following the statutory electoral thresholds agreed for in the process of forming the electoral coalition. Those election committees which have formed the actual coalition, without notifying the National Electoral Commission, are in more favorable position as they gain the seats above the threshold of 5%, whereas those committees which followed the statutory notification requirement are eligible to participate in the distribution of seats only if exceeding the higher, 8%, threshold. Therefore, the key question to ask is whether keeping the varied electoral thresholds makes sense.
VL - 2017
IS - Issue 2 (2017)
PY - 2017
SN - 2544-2031
C1 - 2956-3623
SP - 112
EP - 125
UR - https://ejournals.eu/en/journal/przeglad-konstytucyjny/article/commentary-to-the-resolution-of-the-supreme-court-of-january-19-2016-ref-no-iii-sw-168-169-15-stating-the-validity-of-elections-to-sejm-and-senate-does-higher-electoral-thresholds-have-sense
KW - electoral thresholds
KW - electoral coalitions
KW - political parties