Nature, properties and the legal character of the regulations of parliamentary clubs and circles in Poland Cover Image

Istota, właściwości i charakter prawny regulaminów klubów i kół parlamentarnych w Polsce
Nature, properties and the legal character of the regulations of parliamentary clubs and circles in Poland

Author(s): Bogumił Jakubek
Subject(s): History of Law, Political history, Government/Political systems
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: legal regulations; parliamentary clubs and circles;

Summary/Abstract: The legal regulations of parliamentary clubs and circles haven’t been subject to a comprehensive scientific analysis. The long-standing tradition of adopting own internal regulations by parliamentary fractions has not led to their definition or defining their features,functions and scope. For this purpose it was necessary to analyze the legal and dogmatic content of regulations enacted after 1918 by parliamentary clubs and circles in the Polish parliament. It was also important to examine the legal basis for these specific legislative acts. The regulations of parliamentary clubs and circles are the normative acts of parliamentary fractions, which regulate their internal organization and functioning. They have permanent character, so their effects are not limited to one parliamentary term of office.The regulations are autonomous and diversified acts adopted by each parliamentary club and circle.In the current legal order the regulations are adopted by parliamentary fractions under the provisions of the Standing Orders of the Sejm and the Senate. They are currently the only normative ads containing a reference to the dub regluations In addition, parliamentary dubs and circles derive the right to establish their own internal acts from the well-established parliamentary practice, the principle of autonomy of parliamentary Standing Orders (resulting from the freedom to establish parliamentary associations), and to some extent from the provisions of the statutes of political parties. The regulations of parliamentary fractions serve several important functions - organizational (they define the internal organization of the fraction and procedures to be followed in the fraction forum), increasing efficiency (they increase the effectiveness of the fraction), activating (they inspire the activity of the fraction members), disciplinary (they guarantee to obtain thc desired attitude of fraction members), unifying (they increase uniformity of decisions), integrating (they intensify the bond between the members of the fraction), identifying (they distinguish clubs and circles from each other), notifying (they bring out the fact of the creation and functioning of the fraction) and political (they promote the objectives of the political party).The analysis of the content of the regulations of parliamentary dubs and circles allows to point out the basic catalog of issues regulated there. The objective scope of these acts includes in particular: general issues, participation and proceedings in the dub or the circle, the rights and obligations of the members, the internal organization of club or are authorities, relations of the club (circle) with the political party and their relations with other fractions in the Chamber funding and organizational service of the dub (circle), and finally way of passing and amending the regulation. The specific rule of parliamentary dubs and circles in the parliamentary system justifies the demand to introduce statutory obligation to adopt the above mentioned regulations.

  • Issue Year: 2014
  • Issue No: XXXI
  • Page Range: 603-621
  • Page Count: 19
  • Language: Polish