Legal Frameworks and Institutional Arrangements for Organizing Elections and Referendums in Lithuania and Poland
DOI:
https://doi.org/10.61801/Arsaequi.2026.32Keywords:
elections and referendums, legal frameworks, institutional arrangements, comparative analysis, electoral governance, Lithuania, PolandAbstract
Despite the fact that legal frameworks governing elections and referendums differ across jurisdictions, many practical challenges related to their organization remain similar. Legal regulation is intended to ensure clarity, transparency, and institutional stability; however, the main challenges often arise at the stage of implementation, where multiple institutions with distinct competences, tasks, and sometimes even diverging goals are involved. This article examines the legal frameworks and institutional arrangements for organizing elections and referendums in Lithuania and Poland. Focusing on recent developments in both regulation and practice, it analyses how constitutional and statutory provisions are applied in practice and how responsibilities are distributed among the institutions involved in electoral governance. The article explores the interaction between legal norms and institutional practice, identifying key challenges related to coordination, transparency, accountability, and the effective functioning of electoral administration. Based on a comparative analysis of legal regulation and practical implementation, the article highlights similarities and differences between the two jurisdictions and assesses their implications for electoral and referendum processes.
References
Literature
Adam T, ‘Fasadowość instytucji referendum ogólnokrajowego – wybrane zagadnienia’ in Beata Tokaj, Anna Feja-Paszkiewicz and Bogusław Banaszak (eds), Aktualne problemy referendum (Warszawa 2016)
Chmaj M, Prawo wyborcze w Polsce (Wolters Kluwer 2023)
Puksas A, ‘Multi-level Elections in the European Union: Legal and Political Challenges across Local, National and European Levels’ (2025) 15(1) Ars Aequi 47 https://doi.org/10.61801/Arsaequi.2025.285
Schmitt MN, ‘Foreign Cyber Interference in Elections’ (2021) 97 International Law Studies 739
Cases
Constitutional Court of the Republic of Lithuania, Ruling on the Compliance of the Republic of Lithuania's Law on Referendums (wording of 20 December 2018) with the Constitution of the Republic of Lithuania and the Constitutional Law (30 July 2020) No KT135-N11/2020
Legislation
Act of 14 March 2003 on Nationwide Referendum (Journal of Laws 2003 No 57, item 507, as amended)
Act of 15 September 2000 on Local Referendum (Journal of Laws 2000 No 88, item 985, as amended)
Central Electoral Commission of the Republic of Lithuania, Decision on the Approval of the Procedure for the Instal-lation and Assessment of Polling Stations No Sp-64, 25 August 2022 (as amended)
Constitution of the Republic of Lithuania, adopted by referendum on 25 October 1992 (as amended)
Constitution of the Republic of Poland, 2 April 1997 (Journal of Laws 1997 No 78, item 483, as amended)
Electoral Code of 5 January 2011 (Journal of Laws 2011 No 21, item 112, as amended)
Regulation (EU) 2024/900 of the European Parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising [2024] OJ L 900
Republic of Lithuania Constitutional Law Amending Article 172 of the Electoral Code No XIV-2189, 10 October 2023
Republic of Lithuania Constitutional Law Amending Articles 11, 69, 76, 85 and 118 of the Electoral Code No XIV-2186, 10 October 2023
Republic of Lithuania Constitutional Law Amending Articles 30, 31, 32, 95, 97, 99, 122, 193 and 196 and Supple-menting the Electoral Code with Articles 194 and 195 No XV-453, 7 October 2025
Republic of Lithuania Constitutional Law Amending Articles 32, 64, 69, 76, 78, 79, 80, 81, 85, 87, 88, 89, 93, 97, 100, 110, 114, 125, 138, 163, 181 and 193 of the Electoral Code No XIV-2185, 10 October 2023
Republic of Lithuania Constitutional Law Amending Articles 51 and 52 of the Electoral Code No XIV-2216, 7 No-vember 2023
Republic of Lithuania Constitutional Law Amending Articles 57 and 61 of the Electoral Code No XIV-2217, 7 No-vember 2023
Republic of Lithuania Constitutional Law Amending Articles 168 and 170 of the Electoral Code No XIV-2588, 7 May 2024
Republic of Lithuania Constitutional Law on the Approval, Entry into Force and Implementation of the Electoral Code No XIV-1381, 19 July 2022 (as amended)
Republic of Lithuania Constitutional Law on the List of Constitutional Laws No XI-1932, 15 March 2012 (as amended)
Republic of Lithuania Constitutional Law on the Referendum No XIV-1163, 23 June 2022
Republic of Lithuania Law on Political Organisations No XIV-1415, 15 September 2022 (as amended)
Reports and Opinions
European Commission for Democracy through Law (Venice Commission), Code of Good Practice in Electoral Mat-ters: Guidelines, Explanatory Report and Interpretative Declarations (Council of Europe 2002) https://www.venice.coe.int/images/SITE%20IMAGES/Publications/Code_conduite_PREMS%20026115%20GBR.pdf
European Commission for Democracy through Law (Venice Commission), Opinion on Amendments to the Law on the Common Courts, the Law on the Supreme Court and Some Other Laws (Opinion No CDL-AD(2020)017-e, 22 June 2020) https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2020)017-e
UAB Civitta and e-Governance Academy Foundation, Feasibility Study for Online Voting Information System (2024) https://www.vrk.lt/documents/10180/804010/Internetinio+balsavimo+informacin%C4%97s+sistemos+galimybi%C5%B3%20studija_2024.pdf
Websites and Online Sources
Central Electoral Commission of the Republic of Lithuania, ‘Boundaries of Single-Member Constituencies for the 2024 Elections to the Seimas’ https://www.vrk.lt/en/2024-apygardu-ribos
Central Electoral Commission of the Republic of Lithuania, ‘Previous Referendums’ https://www.vrk.lt/en/ankstesni accessed 26 December 2025
Central Electoral Commission of the Republic of Lithuania, ‘The 12 May 2024 Mandatory Referendum on the Amendment of Article 12 of the Constitution of the Republic of Lithuania’ https://www.vrk.lt/en/2024-referendumas
Supreme Audit Office of Poland, ‘27 million penalties for envelope elections for Poczta Polska S.A.’ https://www.nik.gov.pl/aktualnosci/27-milinow-kary-za-wybory-kopertowe-dla-poczty-polskiej-s-a.html
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