Opinia prawna w sprawie możliwości ubezpieczenia posłów od odpowiedzialności cywilnej związanej z prowadzeniem przez posła biura poselskiego.
Legal Opinion on the Possibility of Covering by Insurance Civil Liability of the Deputies for Running their Parliamentary Offices.

Summary/Abstract: The author claims that non‑accountability or non‑liability (parliamentary privilege) provided for in the Act on the Exercise of the Mandate of a Deputy or Senator protects a Deputy (a Senator) only in relation to his/her activity falling with the scope of the exercise of his/her mandate. This privilege is a so‑called permanent immunity, and covers all types of MPs’ liability before the courts, including civil liability. The Act on the Exercise of the Mandate of a Deputy or Senator provides that A Deputy and Senator is entitled to a limp sum to cover the costs related to the functioning of the offices, according to the principles and in amount specified, respectively, by the Marshals of both chambers. These funds cannot be spent for purposes other than those specified above. The absence of insurance (a widely known category of costs) in the list of expenses specified in §9 (1) of the Order No. 8 of the Marshal of the Sejm does not seem to be incidental. In the author’s view, it is deliberately and intentionally omitted in the Order. Civil liability insurance would relate only to organisational and technical aspects of the functioning of a Deputy’s office, but not to the exercise by a Deputy of his/her mandate (i.e. parliamentary duties) in a Deputy’s office.

• Details
• Contents