The Role of the Electoral Commissioner in the Division of Municipalities Into Constituencies

Abstract

The subject of this article is to analyze the role of the electoral commissioner in the process of creating constituencies for municipal elections. It presents the evolution of the position of the electoral commissioner with the focus on his functions in relation to the creation of constituencies by the municipality. The paper shows the legal nature of a resolution of the municipal council concerning the creation of constituencies and also of a replacement order issued by the electoral commissioner. In addition, the article discusses the problem of supervision and control of a resolution of the municipal council about creation of constituencies for the local elections. The main aim of the article is to show that the competence of the commissioner to issue a replacement order infringes Article 87 paragraph 2 of the Polish Constitution, because it grants him the right to enact local laws, and because the lack of possibility to file a complaint within the administrative courtfor there solution on creation of constituencies is at variance with Article 45 paragraph 1 of the Polish Constitution.