A SEJM INVESTIGATIVE COMMITTEE AS A FORM OF OVERSIGHT BY THE SEJM

• Authors: Banaszak B.
• Languages of publication: PL

Abstracts

EN

The significance of investigative powers of parliament for the exercise of its oversight function is emphasized by the study of constitutional law. Such view is shared by several constitutional courts, including the Polish Constitutional Tribunal. In our times, however, the opinion has been established that investigative powers serve the public interest. In this context, its should be noticed that no function may be considered separately. This point of view obviously extends the scope of activity of the investigative committee. In case that the system of standing committees of the Sejm is well developed, a solution may be proposed that creation of investigative committees is admissible only in the event that a particular matter cannot be dealt with by standing committees. This opinion was shared by the Polish Constitutional Tribunal. This attitude seems to have no wider support in the literature of subject and parliamentary practice democratic states. By contrast, there are opposite trends. They show that even granting of investigative powers to standing committees do not lead to liquidation of investigative committees. Poland's Constitution dos not specify the entities that may be subjected to review by investigative committee. From the principle of the division of powers, the Constitutional Tribunal derives the view that independent organs are excluded from investigation exercised by investigative committees. The resolution on the appointment of the investigative committee as a special (ad hoc) committee of parliament (chamber) indicates the scope of work of an investigative committee in the name of the committee or in the above-mentioned resolution. It is stressed by the literature of the subject that the scope of committee work must be specified clearly and completely. The subject matter of committee work specified in the resolution establishing that committee may not be further modified in a considerable degree, since this should require modification of the resolution which provided the basis for establishing of that committee. The committee itself is not entitled to change the subject matter of its work. Another issue which deserves mention is the question whether the matters that are (or have already been) examined by another State organ may be covered by the subject matters covered by the subject matter of the investigative committee. Such a possibility is generally admitted.

Keywords

EN

INVESTIGATIVE COMMITTEE; PARLIAMENTARY OVERSIGHT

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2008
• Issue: 3(86)
• Document type: ARTICLE

Contributors

author

Banaszak B.

• B. Banaszak, Uniwersytet Wroclawski, Wydzial Prawa, Administracji i Ekonomii, ul. Uniwersytecka 22/26, 50-145 Wroclaw, Poland

Identifiers

CEJSH db identifier

08PLAAAA04879254