MÓŁKA v. POLAND DECISION
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The Polish State imposes on its citizens a number of obligations.... In return it gives
every citizen a right to vote and in this way the possibility of having an influence on
public life. It is the fundamental right in democratic states and that is what democracy
is all about. ...”
On 29 April 1999 the Cracow Court of Appeal dismissed the applicant’s
appeal. The appellate court agreed with the Regional Court’s conclusion
that the applicant’s case did not disclose a breach of the Local Elections
Act.
B. Relevant domestic and international law
1. Relevant constitutional provisions
Article 10 of the Constitution provides:
“1. The system of government of the Republic of Poland shall be based on the
separation of and balance between the legislative, executive and judicial powers.
2. Legislative power shall be vested in the Sejm and the Senate, executive power
shall be vested in the President of the Republic of Poland and the Council of
Ministers, and judicial power shall be vested in the courts and tribunals.”
Article 69 of the Constitution provides:
“Public authorities shall provide, in accordance with statute, assistance to disabled
persons to ensure their subsistence, adaptation to work and social communication.”
Chapter III of the Constitution, entitled “Sources of Law”, begins with
Article 87, which provides:
“1. The sources of the universally binding law of the Republic of Poland shall be:
the Constitution, statutes, ratified international agreements, and regulations.
2. Local laws (akty prawa miejscowego) passed by the organs [of local government]
shall be a source of universally binding law of the Republic of Poland in the territory
of the organ passing the laws.”
The last provision in Chapter III is Article 94, which provides:
“On the basis of and within limits specified by statute, the organs of local
government and territorial organs of government administration shall enact local laws
applicable to their territorially defined areas of operation. The principles of and
procedures for enacting local laws shall be specified by statute.”
Chapter IV, entitled “The Sejm and the Senate”, begins with Article 95,
which provides:
“1. Legislative power in the Republic of Poland shall be exercised by the Sejm and
the Senate.
2. The Sejm shall exercise control over the activities of the Council of Ministers
within the scope specified by the provisions of the Constitution and statutes.”
Chapter VII, entitled “Local Government”, contains the following
provisions:
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