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EN
The Author states that the National Media Council cannot be an addressee of an interpellation or a Deputy’s question. As a rule, admissibility of submitting interpellations and Deputy’s questions, whose subject matter would be the functioning of the Council, is exclued. In addition a particular practical situation, when a member of the Council of Ministers undertakes activities related to the functioning of the NMC, was discussed.
EN
The author discusses formal aspects of constitutionality of an amendment introduced by a sponsor of the bill amending the Act on Family Benefits and the Act on the System of Social Insurances. It is concluded that requirements, developed by the Constitutional Tribunal, concerning the proper subject matter of amendments, do not apply to amendments introduced by a sponsor of a bill, according to Article 36 paras. 1a–1c of the Standing Orders of the Sejm. Thus, the assessed amendment is constitutionally admissible.
EN
Examining the possible adoption by the Presidium of the Sejm of an interpretative resolution regarding limiting the number of interpellations and Deputy’s questions on the same “matter”, the author of the opinion concludes that any restrictions in this regard should be formulated with caution. The rights of Deputies to submit interpellations cannot be only illusory. He also notes that the Standing Orders of the Sejm have already introduced a mechanism for control by the Presidium of the Sejm over interpellations and Deputy’s questions. In order to counter the practice of submitting excessive number of interpellations of similar content to the same body, the author examines the possibility of combining by the Presidium of the Sejm similar interpellations into one interpellation.
EN
After the analysis of the Standing Orders of the Sejm, it was found that because of the fact, that a Deputy elected to the Committee on Removal of Legal Consequences of Illegal Reprivatisation Decisions concerning Real Estates in Warsaw begins to perform duties of a secretary of state, there exists a problem of incompatibility of this function with being a member of Sejm’s. Thus the Deputy appointed to this position loses ex lege his membership in the committees of the Sejm.
EN
Committees of the Sejm which, according to Article 106 para. 2 of the Standing Orders of the Sejm of the Republic of Poland, consider respective parts of a budgetary bill, are not entitled to adopt a resolution on holding a public hearing. In the course of work on the budgetary bill only the Public Finances Committee may be classified as “the committee to which the bill has been referred for consideration”, i.e. as an entity which, according to Article 70a para. 2 of the Standing Orders, possesses an exclusive right to adopt a resolution on holding a public hearing (in the phase of work specified in Article 70a para. 4 of the Standing Orders.
EN
The article deals with the question whether, in the context of the power of appropriate Sejm committees to consider individual parts of draft budgets, as referred to in Article 106 paragraph 2 of the Standing Orders of the Sejm, it is admissible to submit a motion for and to adopt a resolution on holding a public hearing (Article 70a of the Standing Orders of the Sejm). Based on the analysis of the provisions of the Standing Orders of the Sejm, the author draws a conclusion that Sejm committees do not have such a power. According to the Standing Orders of the Sejm, in the course of work on a draft budget, an exclusive right to adopt resolution on holding a public hearing belongs to the Public Finances Committee.
EN
The author argues that the inconsistency between the Budget Act and other statutes can be eliminated by way of amendment of the Budget Act or amendment of the relevant implementing provisions. The accountability for adoption of the Budget Act cannot be assigned to any of the entities, unless in the course of work on the Bill constitutionally provided procedural requirements have been breached. The author points out that some participants in the legislative procedure cannot be held accountable before the Tribunal of State due to material incompatibility of parliamentary mandate.
EN
The specificity of the proceedings in relation to petitions precludes the admissibility of discontinuance of the proceedings regarding consideration of a petition on the basis of appropriate application of Article 105 § 1 of the Code of Administrative Procedure. In case of withdrawal of a petition submitted to the Sejm, the body responsible for its consideration, i.e. the Petitions Committee, should make a decision about the way of proceeding with the petition. Withdrawal of the petition does not prevent its consideration. Given the open catalogue of the ways in which petitions can be proceeded, the Committee should be allowed to adopt a resolution to refuse consideration of the petition because of the applicant’s willingness to withdraw the petition
EN
A former Deputy to the Sejm of the Republic of Poland, and at the same time a former member of the Parliamentary Assembly of the Council of Europe (PACE), cannot be held responsible to the Sejm. Potentially, bringing the above-mentioned person to a criminal liability may be considered, because, according to the author, in the analyzed case, that person was not protected by immunity privileges granted under international law to the members of PACE. A possible launch of this type of legal responsibility would, however, require determining of a few strictly criminal-law matters described in the opinion.
EN
The discussed Article specifies the acceptable subject matter of points of order. The assumption that they may concern matters being the subject of orders of the day and the course of sittings means that the subject matter of the point of order cannot become a matter to be considered in the future, i.e. during any of subsequent sittings. In the author’s opinion, it is in principle unacceptable to submit pro futuro points of order. Article 184 para. 2 of the Standing Orders of the Sejm refers only to the subject of the point of order and not to the motives of the motion submitted by the applicant. This means that, on justifying the point of order, a Deputy may rely on external circumstances, i.e. not related to a group of matters considered by the Sejm during a given sitting.
EN
An obligation, provided for in the Standing Orders of the Sejm, of a sponsor’s of the bill to present to present outline drafts of principal executive orders is one of the core procedural regulations shaping the content of an explanatory statement of a bill. If the sponsor does not plan to issue any executive orders on the bases on the bill, it has to be indicated in the explanatory statement of the bill, as an information about legal consequences of the bill. In case when entry into force of the statute will result in the necessity of modifying executive orders being in force, it should be notified while presenting the above-mentioned legal consequences.
EN
The institution of intervention was constructed in the Act on the Exercise of the Exercise of a Mandate of a Deputy or Senator in a relatively inaccurate way. The author of the opinion states that in the analyzed situation a Deputy is not entitled to participate in the inspection carried out by the County’s Inspectorate of Construction Supervision. The only legal requirements concerning the intervention concern informing the Deputy about the state of consideration the case, being the subject of the intervention, and defining the date of “the final consideration of the case”.
EN
The analysis concerns the issue of whether a committee considering, based on the indicated provision, amendments submitted during the second reading, should vote on their acceptance or rejection separately for each amendment, or if it is possible, after consideration of the amendment, to automatically (without separate vote) draw a recommendation concerning other amendments, in case it is a logical consequence of acceptance or rejection of the former amendment. The author assessed that there are no obstacles to apply, at this stage of legislative work, per analogiam the institution of the third-reading voting applied in the first instance to the “most far-reaching amendments”, i.e. those whose adoption or rejection determines decision concerning other amendments.
EN
In the opinion of the author, the Bill meets the requirements specified in the Act on the Execution of a Legislative Initiative by Citizens. However, doubts are related to the question whether it is constitutionally permissible for a group of citizens to submit the analyzed project, because in accordance with the Constitution, relations between the Republic of Poland and the Catholic Church are determined by an international agreement concluded with the Holy See, while relations between the Republic of Poland and other churches and religious associations are determined by laws passed on the basis of agreements concluded by the Council of Ministers with their respective representatives. However, in a situation where changes in the provisions of the Act on the relations between the State and the Catholic Church in Poland do not constitute the basic matter covered by a given amending bill, it is acceptable that the initiative for such changes does not come exclusively from the Council of Ministers.
EN
The author of the opinion supports a dominant position among Polish constitutional lawyers, according to which rejection of bill during the first reading is constitutionally acceptable. He shows that the possibility of rejection of bills during the first reading is an institution firmly rooted in the Polish parliamentary tradition. Removing it would cause extension of the work on bills, because of a likely “ritualization” of three readings. The author claims that such situation would lead to a weakening of the role and importance of the institution of readings of bills.
EN
The subject of the opinion is the admissibility of consideration by a committee of motions to carry out a control in connection with the lack of general principles of carrying it out set out in the Standing Orders of the Sejm. Motions to carry out the control submitted to the National Defence Committee stay within the scope of the subject matter of activities of the committee. The author claims that one of the motions rises some concerns of a legal nature. The subject of the request was defined in a problem way, whereas committee’s control relates to enforcement and executing statutes and Sejm resolutions, what leads to a conclusion that the scope of the control should be related to a given act or resolution.
EN
The Marshal of the Sejm is not allowed to verify, whether an explanatory statement to a bill submitted by a group of citizens meets requirements specified in Articles 34 paras. 2 and 3 of the Standing Orders of the Sejm of the Republic of Poland. Besides, demanding enclosure – to the notification of the establishment of the Committee – of statements on accession to the legislative initiative committee and of a statement on selection of committee’s agent, is not based on rules of the Act of 24th June 1999 on Exercise of the Legislative Initiative by Citizens. Therefore the current practice of demanding the enclosure of the above documents cannot be continued in future.
EN
the State Sanitary Inspection is a part of government administration. Hence, regardless of the strong competence relationship with the governor of the county (starosta powiatu), the function of director of a county sanitary-epidemiological station should be regarded as belonging to the segment of government administration. The author concludes that, according to the law in force, there is no incompatibility of the function of county councillor and the function of director of the county sanitaryepidemiological station. It is therefore admissible.
EN
Points of order may be raised only in respect of “technical and organizational” matters being the subject of the orders of the day or the proceedings in a sitting. A exclusive subject of a point of order concerning altering the procedure for voting is to choose one of the methods of the vote, as provided for in Article 188 paras. 2 and 3 of the Standing Orders of the Sejm.
EN
The Vice-Marshal of the Sejm, who has been authorized by the Marshal of the Sejm to take action in matters related to petitions, does not exercise the competence to assess petitions on his own, but does so on behalf of the Marshal. This action should therefore be assessed, as if it were performed personally by the Marshal of the Sejm. The provisions of the Standing Orders of the Sejm do not provide for the possibility of re-assessment of petitions. Consequently, the petitioner’s request to re-examine the petition in order to possibly amend the decision to leave it unexamined cannot be satisfied.
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