Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and Latvia

The direct and participatory democracy is becoming increasingly popular in recent years in Europe. States are introducing new institutions into their constitutional systems, which, on the one hand, strengthen the ability of citizens to influence decision-making processes and, on the other hand, all...

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Main Authors: Andrzej Jackiewicz, Anna Rytel-Warzocha
Format: Article
Language:English
Published: University of Latvia Press 2024-10-01
Series:Law: Journal of the University of Latvia
Subjects:
Online Access:https://journal.lu.lv/jull/article/view/2066
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author Andrzej Jackiewicz
Anna Rytel-Warzocha
author_facet Andrzej Jackiewicz
Anna Rytel-Warzocha
author_sort Andrzej Jackiewicz
collection DOAJ
description The direct and participatory democracy is becoming increasingly popular in recent years in Europe. States are introducing new institutions into their constitutional systems, which, on the one hand, strengthen the ability of citizens to influence decision-making processes and, on the other hand, allow them to control the actions of public authorities. One of such institutions is a “recall”, which provides citizens with the right to recall, by way of voting, the public authorities elected directly by citizens. The institution of recall may take either direct or indirect form. Nevertheless, only a “direct recall” that takes place at the request of citizens can fully satisfy their interests. The direct recall at the national level is a relatively rare institution, hence, Latvian solutions in this area that allow for the recall of parliament before the end of its term may be considered unique, whilst in Poland the institution of direct recall occurs at the local level. Polish experiences with the practice of recalls indicate that for this institution to function effectively, it is necessary to adopt appropriate legal regulations. For example, the high turnout threshold adopted in both countries, which determines the binding nature of the vote, may be a factor that significantly reduces the effectiveness of this measure. The authors present the current legal regulations concerning the institution of direct recall in both states, as well as provide their critical assessment.
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spelling doaj-art-b669c8ecee644e7384b2c05fd320991a2025-08-20T01:48:28ZengUniversity of Latvia PressLaw: Journal of the University of Latvia1691-76772592-93642024-10-011710.22364/jull.17.05Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and LatviaAndrzej Jackiewicz0https://orcid.org/0000-0001-6957-3139Anna Rytel-Warzocha1https://orcid.org/0000-0002-6639-8010University of BiałystokUniversity of Gdańsk The direct and participatory democracy is becoming increasingly popular in recent years in Europe. States are introducing new institutions into their constitutional systems, which, on the one hand, strengthen the ability of citizens to influence decision-making processes and, on the other hand, allow them to control the actions of public authorities. One of such institutions is a “recall”, which provides citizens with the right to recall, by way of voting, the public authorities elected directly by citizens. The institution of recall may take either direct or indirect form. Nevertheless, only a “direct recall” that takes place at the request of citizens can fully satisfy their interests. The direct recall at the national level is a relatively rare institution, hence, Latvian solutions in this area that allow for the recall of parliament before the end of its term may be considered unique, whilst in Poland the institution of direct recall occurs at the local level. Polish experiences with the practice of recalls indicate that for this institution to function effectively, it is necessary to adopt appropriate legal regulations. For example, the high turnout threshold adopted in both countries, which determines the binding nature of the vote, may be a factor that significantly reduces the effectiveness of this measure. The authors present the current legal regulations concerning the institution of direct recall in both states, as well as provide their critical assessment. https://journal.lu.lv/jull/article/view/2066direct democracyaccountability of elected officialsdirect recallindirect recallpopular votingPoland
spellingShingle Andrzej Jackiewicz
Anna Rytel-Warzocha
Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and Latvia
Law: Journal of the University of Latvia
direct democracy
accountability of elected officials
direct recall
indirect recall
popular voting
Poland
title Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and Latvia
title_full Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and Latvia
title_fullStr Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and Latvia
title_full_unstemmed Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and Latvia
title_short Direct Recall as an Instrument of Political Liability of Public Authorities Before Voters in the Republics of Poland and Latvia
title_sort direct recall as an instrument of political liability of public authorities before voters in the republics of poland and latvia
topic direct democracy
accountability of elected officials
direct recall
indirect recall
popular voting
Poland
url https://journal.lu.lv/jull/article/view/2066
work_keys_str_mv AT andrzejjackiewicz directrecallasaninstrumentofpoliticalliabilityofpublicauthoritiesbeforevotersintherepublicsofpolandandlatvia
AT annarytelwarzocha directrecallasaninstrumentofpoliticalliabilityofpublicauthoritiesbeforevotersintherepublicsofpolandandlatvia