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MÓŁKA v. POLAND DECISION
security, public transport, culture, protection of the environment,
agriculture, public order, consumer protection and defence.
Under section 12, the exclusive competence of a district council (rada
powiatu) includes, inter alia, enacting local laws and adopting a budget,
taxes and resolutions concerning district finances.
4. Local Government in a region (Law of 5 June 1998)
There are sixteen regions (wojewόdztwo) in Poland. Section 11 of the
Law of 5 June 1998 provides that the regional government shall prepare a
development strategy for the region. Under section 18, the exclusive
competence of a regional assembly (sejmik wojewόdztwa) includes, inter
alia, enacting local laws and adopting a land-use plan, a budget and
resolutions concerning regional finances.
5. Provisions regarding the exercise of the right to vote by disabled
persons
(a) Local elections
Section 46 of the Law of 16 July 1998 on Elections to Municipal
Councils, District Councils and Regional Assemblies (Ordynacja wyborcza
do rad gmin, rad powiatów i sejmików województw) (“the Local Elections
Act”) provided, in so far as relevant:
“A disabled voter may, at his or her request, be assisted in voting by another person,
other than members of the [electoral] commission and election monitors (mężowie
zaufania).”
(b) Parliamentary elections
At the relevant time section 40 of the Law of 28 May 1993 on Elections
to the Sejm of the Republic of Poland (Ordynacja wyborcza do Sejmu
Rzeczypospolitej Polskiej) provided:
“A disabled voter may, at his or her request, be assisted in voting by another person,
other than election monitors.”
The subsequent Law – of 12 April 2001 – on Elections to the Sejm and
the Senate of the Republic of Poland (Ordynacja wyborcza do Sejmu
Rzeczypospolitej Polskiej i do Senatu Rzeczypospolitej Polskiej) contains for
the first time specific provisions regarding the exercise of the right to vote
by disabled persons. Section 52(2) in fine states:
“Premises designated as offices of the regional and local electoral commissions shall
be easily accessible to disabled persons.”
Section 53(1) reads as follows:
“The mayor shall provide premises of local electoral commissions that are adapted
to the needs of disabled voters.”
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