Opinia prawna na temat trybu rozstrzygania przez Sejm o tajności obrad (art. 172 ust. 3 regulaminu Sejmu)
Legal opinion on the procedure for deciding by the Sejm on secrecy of debate (Article 172 paragraph. 3 of the Standing Orders of the Sejm)
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The author indicates what legislation should be taken into account under the security procedure in the event that the subject of secret debate of the Sejm comprises classified information within its statutory meaning. He also points out that these provisions do not apply in a phase in which the Sejm – without the participation of the public and the media – decides whether the debate is to be held in camera. The procedure for exclusion of open nature of debate is specified in Article 172 para. 2 of the Standing Orders of the Sejm which states that a motion in this respect may be submitted by the Presidium of the Sejm or at least 30 Deputies. The resolution whether to hold a sitting in camera is taken “without admittance to the public and the representatives of the press, radio and television, after hearing the reasons for the request – without debate”. The author concludes that the way of ensuring security (in organizational and technical terms) of resolving by the Sejm secrecy of debate is limited to the exclusion of the public and representatives of the media and does not require the application of measures identical to those associated with the procedure for secrecy of debate.
Publication order reference