The judiciary is one of the basic functions of the state. In Poland, it is based on Article 10 of the Constitution of the Republic of Poland, which stipulates the separation of powers. The essence of this separation of powers in a democratic state is not the isolation of authorities from one another, but their mutual cooperation and mutual inhibition. Therefore, the formulation of allegations against one of the authorities has tangible consequences for the other two, so when formulating these accusations, firstly, it is necessary to have evidence to support them, secondly, far-reaching consequences must be taken into account, and thirdly, it is necessary to maintain a kind of moderation which, instead of radicalising positions, will bring a consensus closer to resolving the various disputes. The perspective of the recent years of observation of the political scene, but also of the academic scene, shows that much more often in the indicated spaces there are criticisms and accusations than proposals for solving the problems affecting the contemporary judiciary, and this is all the more important because without the efficient functioning of the judiciary, the other two authorities remain ‘inoperative’. A tangible example of this was the 2023 Sejm and Senate elections. Criticism of Supreme Court judges appointed after 2017, and the negation of the functioning of the Chamber of Extraordinary Control and Public Affairs (however, this issue will only be outlined due to the framework of the study), have led to the fact that, in the opinion of those negating the status of the Supreme Court judges and the indicated Supreme Court Chamber, there was actually ‘no’ body appropriate to determine the validity of the elections, and let us recall that, according to the Constitution of the Republic of Poland, this body is exclusively the Supreme Court. Based on the above, the following statement will be devoted to showing the influence of the Supreme Court on the determination of the validity of elections in Poland and, in parallel, the dangers that are associated with the negation of the existence of judges and judicial bodies.

Projekt dofinansowany ze środków budżetu państwa, przyznanych przez Ministra Edukacji i Nauki w ramach Programu „Społeczna Odpowiedzialność Nauki II” pt. „Współczesny obraz społeczeństwa polskiego w nauce i debacie publicznej”