THE SYSTEMIC FOUNDATIONS OF INCOMAPATIBILITY OF A PARLIAMENTARY MANDATE
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The article discusses selected questions relating to prohibition of holding of several offices at the same time ('incompatibilitas') and undertaking of particular activity by persons performing public functions. The Constitution of 1997 takes different approaches to this issue. The differences concern both subjective aspects (i.e. persons and positions subject to such prohibition) and objective ones (i.e. the content of such prohibitions). Sometimes, the Constitution itself imposes the limitations on incompatibility of positions and activities taken by persons performing public functions. (e.g. in Article 209 paragraph 2). It also allows the legislator to elaborate and extend that catalogue. Incompatibility rules play the role of guarantor and are designed to secure proper functioning of public institutions. Nevertheless, at the same time, they constitute limitation on the rights of the individual. Therefore, the principle of 'incompatibilitas' should be harmonised with the freedoms and rights of persons and citizens. The author examines legal solutions and problems which appeared in the practice of their application. He also discusses the jurisprudence of the Constitutional Tribunal concerning the issue, as well as the views of the study of law in this respect.
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