{"title":"从国家选举委员会委员的经历看选举制度","authors":"Zbigniew Szonert","doi":"10.1515/lape-2017-0005","DOIUrl":null,"url":null,"abstract":"I had been working in the National Electoral Commission as its member between 1995 and 2003, hence the experience from that period allows forming conclusions de lege ferenda concerning constitutional system foundations of this very substantial organ, which the National Electoral Commission undoubtedly is, in democratic state of law. The conclusions which were formed in the mentioned period by the managerial bodies of the National Electoral Commission, and have not only remained up-to-date, but are also the evidence of perspicacity and wisdom of the individuals who were forming them while working on the project of the new Polish Constitution. At that time I was holding simultaneously the post of a judge of the Supreme Administrative Court and a membership of the National Electoral Commission. The function of the head of the National Electoral Commission was held subsequently by Judge Wojciech Łączkowski and Judge Ferdynand Rymarz. Both Gentlemen were the judges of the Constitutional Tribunal, highly competent lawyers, and individuals of noble personalities. These in particular made the atmosphere of work in the nine-person panel of the National Electoral Commission filled with the sense of responsibility for taking, frequently hard, decisions. It was them who should take merit for the fact that in those days the National Electoral Commission was perceived as the undisputable authority in the society, as well as government and political circles. Recalling the atmosphere of work and the high level of the matter of state discussions during meetings of the National Electoral Commission its head at that time, Judge Ferdynand Rymarz, wrote,” The head of the National Electoral Commission was but a primus inter pares (the first amongst the equals) and his vote was formally and actually equal with the other members`. I held strictly to this rule and did not impose my views on the others. In discussions I presented my opinion as the last one”1. Such a distance towards so eminent a state post, branded with the sense of personal dignity and responsibility, was a characteristic feature of the heads of the National Electoral Commission, who acting this way were role models of ethics and morality worth being followed. 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引用次数: 0
摘要
1995年至2003年期间,我一直在国家选举委员会工作,担任其成员,因此那段时间的经验使我能够对这个非常重要的机构的宪法制度基础形成法律上的结论,毫无疑问,国家选举委员会是民主法治国家。在上述期间由全国选举委员会的管理机构得出的结论不仅是最新的,而且是在制定新波兰宪法项目时得出这些结论的个人的洞察力和智慧的证据。当时,我兼任最高行政法院法官和全国选举委员会委员。全国选举委员会主席的职务后来由沃伊切赫法官Łączkowski和费迪南德·雷马兹法官担任。两位先生都是宪法法庭的法官,是非常能干的律师,也是品格高尚的人。这尤其使全国选举委员会九人小组的工作气氛充满了责任感,要作出往往是艰难的决定。当时,无论是在政府还是政界,选举委员会都被认为是无可争议的权威,这是他们的功劳。回顾当时国家选举委员会主席费迪南德·里马兹法官会议期间的工作气氛和国家讨论事项的高水平,他写道:“国家选举委员会主席只是一个primus inter pares(平等中的第一人),他的投票权与其他成员在形式上和实际上是平等的。”我严格遵守这条规则,不把自己的观点强加于人。在讨论中,我把自己的观点作为最后一个。距离如此显赫的国家职位如此之远,这一职位带有个人尊严和责任感,是全国选举委员会主席的一个特点,他们这样做是值得效仿的伦理和道德楷模。1995年10月3日,在全国选举委员会的一次会议上,议员Irena Lipowicz
On the election system from the perspective of the experience of the National Electoral Commission member
I had been working in the National Electoral Commission as its member between 1995 and 2003, hence the experience from that period allows forming conclusions de lege ferenda concerning constitutional system foundations of this very substantial organ, which the National Electoral Commission undoubtedly is, in democratic state of law. The conclusions which were formed in the mentioned period by the managerial bodies of the National Electoral Commission, and have not only remained up-to-date, but are also the evidence of perspicacity and wisdom of the individuals who were forming them while working on the project of the new Polish Constitution. At that time I was holding simultaneously the post of a judge of the Supreme Administrative Court and a membership of the National Electoral Commission. The function of the head of the National Electoral Commission was held subsequently by Judge Wojciech Łączkowski and Judge Ferdynand Rymarz. Both Gentlemen were the judges of the Constitutional Tribunal, highly competent lawyers, and individuals of noble personalities. These in particular made the atmosphere of work in the nine-person panel of the National Electoral Commission filled with the sense of responsibility for taking, frequently hard, decisions. It was them who should take merit for the fact that in those days the National Electoral Commission was perceived as the undisputable authority in the society, as well as government and political circles. Recalling the atmosphere of work and the high level of the matter of state discussions during meetings of the National Electoral Commission its head at that time, Judge Ferdynand Rymarz, wrote,” The head of the National Electoral Commission was but a primus inter pares (the first amongst the equals) and his vote was formally and actually equal with the other members`. I held strictly to this rule and did not impose my views on the others. In discussions I presented my opinion as the last one”1. Such a distance towards so eminent a state post, branded with the sense of personal dignity and responsibility, was a characteristic feature of the heads of the National Electoral Commission, who acting this way were role models of ethics and morality worth being followed. On October 3, 1995, at a meeting of the National Electoral Commission an MP Irena Lipowicz