| Parliament name |
- |
| Structure of parliament |
Bicameral |
| Chamber name |
Sejm |
| Related chamber (for bicameral parliaments) |
Senat / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 104 (1) of the Constitution of 02.04.1997)
|
| Start of the mandate |
· When the results are declared
|
| Validation of mandates |
· Validation by the Supreme Court only in case of challenge (Art. 101 (1) of the Constitution)
· Procedure (Art. 101 (2) of the Constitution, Art. 124 to 130 of the Act on Elections to the Sejm of the Republic of Poland)
|
| End of the mandate |
· On the day when the legal term of the House ends which is the day preceding the day when the newly elected Parliament meets - or on the day of early dissolution (Art. 98 (1), (3) and (4) of the Constitution; for early dissolution, see Art. 155 (2) and 225 of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure (Art. 131 (1) (3.) and (2) of the Act on Elections to the Sejm of the Republic of Poland): unilateral declaration of intent by the deputy; the seat becomes vacant; the vacancy is pronounced by the Marshall of the Sejm
· Authority competent to accept the resignation: the resignation need not be accepted
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: business activity involving benefit from the property of the State Treasury or local self-government/acquirement of such property (art. 107 of the Constitution)
(b) Refusal to take the oath (Art. 104 (3) of the Constitution, Art. 2 (3) to (5) of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 2a of the Standing Orders of the Sejm of the Republic of Poland, Art. 131 (1) (1.) of the Act on Elections to the Sejm of the Republic of Poland)
(c) Forfeiture of eligibility (Art. 131 (1) (2.) of the Act on Elections to the Sejm of the Republic of Poland)
(d) Death (Art. 131 (1) (4.) of the Act on Elections to the Sejm of the Republic of Poland)
(e) Loss of mandate for incompatibilities (Art. 131 (1) (5.) and (3) of the Act on Elections to the Sejm of the Republic of Poland; see also Art. 103 of the Constitution)
(f) Loss of mandate for submission of untrue vetting statement
(g) Invalidation of the election of a deputy (Art. 101 of the Constitution, Art. 124 to 130 of the Act on Elections to the Sejm of the Republic of Poland; see Validation of mandates)
(h) General procedure for (b) to (f) (Art. 131 (2) of the Act on Elections to the Sejm of the Republic of Poland)
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| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Marshal
2. The MPs belonging to parliamentary groups
3. The other MPs
· Outside Parliament: the official order of precedence ranks the Marshal of the Sejm in the 2nd position.
|
| Indemnities, facilities and services |
· Official passport (Art. 45 of the Act on the Exercise of the Mandate of a Deputy or Senator)
· Basic salary (for those who exercise their mandate on a professional basis; Art. 25 to
27 and 32 of the Act on the Exercise of the Mandate of a Deputy or Senator): PLZ 10,000 per month in 2009 (Additional percentage for certain functions)
+ Additional per diem allowance (for all deputies; Art. 42 of the Act on the Exercise of the Mandate of a Deputy or Senator): 30 % of monthly salary per month
+ Additional salary at the end of the year (Art. 37 of the Act on the Exercise of the Mandate of a Deputy or Senator)
· Exemption from tax for the additional allowance. The basic salary is not exempt from tax.
· Pension scheme (Art. 28 (3), 38 and 40 of the Act on the Exercise of the Mandate of a Deputy or Senator)
· Other facilities (see also Art. 4 of the Act on the Exercise of the Mandate of a Deputy or Senator):
(a) Secretariat (Art. 18 (5), 23 (5), 44 and 46 of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 125 to 128 of the Standing Orders of the Republic of Poland): Sejm papers and official gazettes free of charge, secretariat services
(b) Assistants (Art. 46 of the Act on the Exercise of the Mandate of a Deputy or Senator)
(c) Postal and telephone services: correspondence free of charge
(d) Travel and transport (Art. 43 of the Act on the Exercise of the Mandate of a Deputy or Senator)
(e) Others
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 105 (1) of the Constitution, Art. 6 (1) of the Act on the Exercise of the Mandate of a Deputy or Senator).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament (activities performed within the scope of the mandate; for these, see Art. 6 (2) of the Act on the Exercise of the Mandate of a Deputy or Senator).
· Derogations: disciplinary accountability (see Discipline, especially offence or insult), waiver of immunity in cases of violation of personal rights of third parties (e.g. offence of slander)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 105 (1) and (5) of the Constitution, Art. 7 (1) and 9 (1) of the Act on the Exercise of the Mandate of a Deputy or Senator).
· It applies to criminal proceedings, covers all offences with the exception of those leading to occupational responsibility and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: a deputy may be detained or arrested in cases of flagrante delicto and in which his detention is necessary for securing the proper course of proceedings. Any such detention shall be immediately communicated to the Marshal of the Sejm, who may order the immediate release of the deputy.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, no power can be used to summon reluctant MPs before a court as a witness.
· Protection is provided from the start to the end of the mandate (Art. 12 (1) of the Act on the Exercise of the Mandate of a Deputy or Senator). It does not cover automatically judicial proceedings instituted against MPs before their election but these shall be suspended at the request of the Sejm until the time of expiry of the mandate, unless the deputy concerned has lifted his own immunity. In such an instance, the statute of limitation with respect to criminal proceedings shall be extended for the equivalent time (Art. 105 (3) and (4) of the Constitution).
· Parliamentary immunity (inviolability) can be lifted (Art. 105 (2), (4), and (5) of the Constitution):
- Competent authority: the Sejm or the deputy concerned
- Procedure (Art. 10 (2) to (5) of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 73 to 74 of the Standing Orders of the Sejm of the Republic of Poland). In this case, MPs must be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution and/or detention of one of its members:
- Competent authority: the Sejm
- Procedure
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of seminars at the beginning of the legislature.
· It is provided by the Chancellery.
· There is no handbook of parliamentary procedure.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings and other organs to which they have been elected (Art. 13 (1) of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 8 (1) of the Standing Orders of the Sejm of the Republic of Poland; see also Art. 8 (4) to (6) and (9) of the Standing Orders of the Sejm of the Republic of Poland).
· Penalties foreseen in case of failure to fulfil this obligation (Art. 8 (9), 22 and 24 of the Standing Orders of the Sejm of the Republic of Poland): reduction of basic salary and additional allowance; reproach, admonition, reprimand
· Body competent to judge such cases/to apply the penalties:
- Reduction of basic salary and additional allowance: the Marshal of the Sejm; the Presidium (appeal)
- Reproach, admonition, reprimand: the Presidium; the Sejm (appeal)
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 11 (1) (13), 101, of the Standing Orders of the Sejm of the Republic of Poland.
· Disciplinary measures foreseen:
- Warning for irrelevance (Art. 101 (2) of the Standing Orders of the Sejm of the Republic of Poland)
- Order to discontinue the speech (Art. 101 (2) of the Standing Orders of the Sejm of the Republic of Poland)
- Call to order (Art. 101 (3) of the Standing Orders of the Sejm of the Republic of Poland)
- Call to order recorded in the minutes (Art. 101 (4) of the Standing Orders of the Sejm of the Republic of Poland)
- Order to leave the sitting (Art. 101 (5) of the Standing Orders of the Sejm of the Republic of Poland)
- Recess in the debate (Art. 101 (5) of the Standing Orders of the Sejm of the Republic of Poland)
· Competent body to judge such cases/to apply penalties (Art. 11 (1) (8.) and 101 (1) of the Standing Orders of the Sejm of the Republic of Poland): the Marshal; the Presidium in consultation with the Committee on Rules and Deputies' Affairs (appeal)
· Procedure (Art. 101 (2) to (7) of the Standing Orders of the Sejm of the Republic of Poland)
|
| Code (rules) of conduct |
· This concept is to be established in the country's juridical system (Code of Conduct of Deputies). There are several other pertinent provisions (Art. 33 to 35 of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 22, 23, 71a, and 72 of the Standing Orders of the Sejm of the Republic of Poland; for conduct which leads to the loss of mandate, see Loss of mandate).
· Penalties foreseen for violation of the Code of Conduct or other rules of conduct:
- reproach
- admonition
- reprimand
· Competent body to judge such cases/to impose penalties:
- Non-performance of the duties of a deputy, behaviour unbecoming to a deputy (Code of Conduct of Deputies): Committee on Deputies' Ethics, until the appointment of its members the Committee on Rules and Deputies' Affairs; Presidium of the Sejm (appeal)
- Breach or failure to perform the duties specified in Art. 33 to 35 of the Act on the Exercise of the Mandate of a Deputy or Senator: Presidium of the Sejm, after consultation with the Committee on Rules and Deputies' Affairs; the Sejm (appeal)
· Procedure:
- Non-performance of the duties of a deputy, behaviour unbecoming to a deputy (Code of Conduct of Deputies) (Art. 23, 72, and 74 of the Standing Orders of the Sejm of the Republic of Poland). In this case, MPs have means of recourse.
- Breach or failure to perform the duties specified in Art. 33 to 35 of the Act on the Exercise of the Mandate of a Deputy or Senator (Art. 33 to 35 of the Act on the Exercise of the Mandate of a Deputy or Senator, Art. 22 and 71a of the Standing Orders of the Sejm of the Republic of Poland). In this case, MPs have means of recourse.
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| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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