Membership of a Deputy in the parliamentary team is not considered a type of service or work the pursuit of which requires access to classified information. This is due to the fact that the parliamentary teams are established in order to promote certain values and attitudes, and serve to achieve cross‑party public purposes. The author explains that the exercise of a Deputy’s mandate may require the use of classified information, but each time is it a consequence of the Sejm’s decision.
The author analyzes the possibilities and consequences of the disclosure of classified information by a person covered by the motion for waiver of immunity at a sitting of the Sejm, in the course of examination of the motion. He claims that a person to whom the motion to waive immunity pertains is entitled to comment the information contained therein, including the use of classified information, insofar as they relate to the circumstances of the case and the allegations formulated in the motion. This is a guarantee of the right to defence in the course of proceedings relating to waiver of immunity. The author points out that such proceedings must respect basic procedural standards and, in particular, take into account the constitutional right to defence.
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.