Assessment of the legal effects of the Bill on the Establishment of the Referendum Day and on Amendment of Act on the Nationwide Referendum Cover Image

Ocena skutków prawnych projektu ustawy o ustanowieniu Dnia Referendalnego oraz o zmianie ustawy o referendum ogólnokrajowym
Assessment of the legal effects of the Bill on the Establishment of the Referendum Day and on Amendment of Act on the Nationwide Referendum

Author(s): Robert Jastrzębski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: bill;nationwide referendum;direct democracy;

Summary/Abstract: The bill raises serious constitutional doubts. The obligatory nature of the proposed Referendum Day cannot be reconciled with the constitutional principle of optionality of a referendum ordered by the Sejm or the President with the consent of the Senate. The bill is internally inconsistent. The proposed date of the Referendum Day does not coincide with the date in the explanatory statement. In addition, there is no justification for the anticipated costs of implementing the bill and no indication as to whether the matter concerned is a single referendum or the entirety of the legislative changes.

  • Issue Year: 73/2022
  • Issue No: 1
  • Page Range: 202-216
  • Page Count: 15
  • Language: Polish
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