The need to constitutionalise the National Electoral Commission – selected issues

Abstract

The author analyzed the legitimacy of the constitutionalisation of the State Commission.
The observation of the activities of the democratic state institutions made us reflect once again on
the need or even justifiability of assigning the status of a constitutional body to the NEC. The conclusion
of the considerations introduces the postulate to raise to the rank of constitutional State
Electoral Commission, which is an organ of state control and protection of the law. The constitutional
foundation is extremely important for the structure and composition of the electoral bodies.
The analysis of the tasks of the NEC proves that the constitutionalization of this central electoral
body, supervising the implementation of passive and active electoral law, and of a body independent
of the executive, seems to be necessary in the light of its current competences.