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Poland: Granting voting rights to foreigners is not possible without amending the Constitution (Unofficial translation)

According to constitutional specialists, in the light of the article 62, paragraph 1 of the Polish Constitution, it is not possible to extend voting rights in local elections to third country nationals without amending this constitutional provision. Their opinion differs from the opinion expressed in the expertise of the Helsinki Foundation for Human Rights, according to which the amendment of the Polish Constitution is not necessary (the author of the expertise refers to the decision of the Constitutional Tribunal on the constitutionality of the extension of the electoral rights at the local level to EU nationals residing in Poland).

Article 62, paragraph 1 of the Polish Constitution states that ‘if, no later than on the day of vote, he has attained 18 years of age, Polish citizen shall have the right to participate in a referendum and the right to vote for the President of the Republic of Poland as well as representatives to the Sejm and Senate and organs of local government’.