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  1. 2 Przegląd Sejmowy

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  1. 2 Sarnecki P.

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  1. 2 2015

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Sejm a organy prokuratury

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Sarnecki P.
Przegląd Sejmowy
|
2015
|
issue 2(127)
85-102
EN
The Act of 9 October 2009 separates the positions of Public Prosecutor General and Minister of Justice. Following its entry into force, the Public Prosecutor General has ceased to be a member of the Council of Ministers. The relevant existing powers of the Sejm relating to Minister of Justice cannot be exercised in relation to the Public Prosecutor General. The latter is no longer appointed by the Sejm, but by the President of the Republic of Poland. Moreover, the Sejm was deprived of its power to perform oversight over the prosecutor’s office, but in practice the Public Prosecutor General quite often delivers information about his/her activities to the Sejm, especially to Sejm committees. Overall control over of the Public Prosecutor General (and — indirectly — over the entire Prosecutor’s Office) is exercised by the Prime Minister who examines annual reports submitted by the Public Prosecutor General. If the Prime Minister does not approve the report he/she may submit a request to the Sejm to dismiss the Prosecutor. Another channel by which the Sejm may exert infl uence on the Public Prosecutor General is probably the National Council of Public Prosecution, whose composition may contain four Deputies to the Sejm and two Senators.
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Immunitet posłów i senatorów w radach pozaparlamentarnych

100%
Sarnecki P.
Przegląd Sejmowy
|
2015
|
issue 6(131)
9-28
EN
The article deals with immunity of Members of Parliament in collegial extra-parliamentary bodies in which their participation is required by the provisions of the Constitution or statutes. The author poses the question of whether such activities may be considered as “parliamentary activities” i.e. those falling within the scope of the exercise of their mandate (and therefore subject, in particular, to protection by parliamentary non-liability or material immunity) or rather the performance “other public function” (which results only in their protection by inviolability or formal immunity)? The Act on the Exercise of the Mandate of a Deputy or Senator does not give a defi nitive answer to this question. The author points to the relevant jurisprudence of the Supreme Court and the Constitutional Tribunal. The main criterion for distinguishing between “acting as Member of Parliament” and performance of “other public function” is the existence of a connection between the functions of a given body and the functions of parliament. In the author’s opinion, there are four of such bodies in Poland, of which only participation in the Council of Labour Protection is considered as parliamentary activity, whereas participation in the National Council of the Judiciary, the National Prosecution Council and Civil Service Council is considered as performance of “other public function”
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