The Procedure for Selecting the Ombudsman in Poland – Some Remarks on the Representativeness of the Procedure

Przegląd Prawa Konstytucyjnego, 2024

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DOI 10.15804/ppk.2024.06.22
Data confidence 70 medium
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Abstract

This paper examines the procedure of electing the Commissioner for Human Rights (Rzecznik Praw Obywatelskich) by the Sejm. The considerations are conducted in the context of its representativeness. How does the Sejm proceed when two or more candidates have been nominated? In such a situation, is voting carried out in alphabetical order, in accordance with the principle that the candidate who obtained a, n absolute majority of votes is elected, or is there a joint vote on the candidates, in accordance with the principle that in the absence of an absolute majority of votes by one of the candidates in the first voting, the name of the candidate who obtained the lowest number of votes in the previous round is removed from the list of candidates before the next round of voting? As argued in this paper, the order of voting is not neutral to the effects of voting. From the point of view of individual candidates, it may privilege some and discriminate against others. The text uses the dogmatic method and legal reasoning.