Legal opinion on compliance of the deputies’ bill amending the act on the exercise of the mandate of a deputy or senator with Constitution (...) Cover Image

Opinia prawna w sprawie konstytucyjności poselskiego projektu ustawy o zmianie ustawy o wykonywaniu mandatu posła i senatora, polegającej na (...)
Legal opinion on compliance of the deputies’ bill amending the act on the exercise of the mandate of a deputy or senator with Constitution (...)

Author(s): Janusz Mordwiłko
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; mandate of a deputy or senator; the Constitution; General Prosecutor;

Summary/Abstract: The opinion concerns the amendment of art. 16 and art. 20 para. 1 of the act on the exercise of the mandate of a deputy or senator. The proposal aims to grant the deputies the right to obtain the information and explanations concerning the exercise of their mandate from the General Prosecutor. According to the bill, also the Sejm commissions would grant the right to demand the information end explanations from General Prosecutor. Moreover the bill provides the deputies the right to intervene in prosecution in order to settle the case made by themselves or on behalf of voters and to get the information on the way of its examination. The author considers that these rights of deputies are unconstitutional. In the author’s opinion, granting this right for the commissions also causes doubts as regards to its compliance with the Constitution.

  • Issue Year: 2011
  • Issue No: 2
  • Page Range: 66-76
  • Page Count: 11
  • Language: Polish