Weto ustawodawcze w świetle obowiązujących przepisów i dotychczasowej praktyki sejmowej

• Authors: Parśniak Karina

Title variants

EN

Legislative veto in the light of applicable regulations and previous parliamentary practice

• Languages of publication: PL

Abstracts

EN

The subject of this article is not only a discussion of the provisions of the Constitution regarding the institution of legislative veto, but also an indication of issues directly related to this right of the President, which in practice raise concerns and are the subject of dispute in the doctrine, in particular with regard to the reconsideration of the act by the Sejm or the possibility of withdrawing it and by whom. The article will also present procedural issues related to the course of the legislative process, launched as a result of the President's use of the legislative veto, including the indicated areas that have not been regulated in the provisions of the Rules of Procedure of the Sejm, which results in granting great freedom to the Marshal of the Sejm and committees and also has impact on the questioned execution of the President's power in the parliamentary practice, regardless of whether the government and the parliamentary majority belong to the President's political background or not. In this regard, an attempt will be made to indicate the reason for the passiveness of the Marshal of the Sejm towards the submitted legislative initiative of the President and the committee regarding the pace of work on them and above all, to solve this problem, which however, requires appropriate legislative action. The article will also analyze legislative initiative for reconsideration of the act by the Sejm, submitted in the period from the 3rd to the 8th term of the Sejm, in terms of the assessment of the activity of individual Presidents, especially in periods of cohabitation, the effectiveness of the legislative veto, as well as the number of unresolved legislative initiative and those on which work was carried out too slowly in the committees, until the vetoed act was covered by the principle of discontinuation.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2023
• Issue: PL 2 (124)/2023
• Pages: 100-131

Contributors

author

Parśniak Karina

• Rządowe Centrum Legislacji - Government Legislation Center