• Przedterminowe zakończenie pełnomocnictw parlamentu na przykładzie Polski i Czech

    Author: Agnieszka Bień - Kacała
    Institution: Uniwersytet Mikołaja Kopernika w Toruniu
    Author: Magdalena Rączka
    Institution: Uniwersytet Mikołaja Kopernika w Toruniu
    Year of publication: 2010
    Source: Show
    Pages: 55-74
    DOI Address:
    PDF: ppk/02-03/ppk2-303.pdf

    This paper concerns early termination of representative body’s term of office executed by the head of the state. The competence has a character of sanction that occurs in case of improper parliamentary performance. It takes on an obligatory or optional form. The act of the President does not require countersignature. The major difference between Poland and the Czech Republic consists in the effect of the institution application. It is not automatic in Poland – the period of parliamentary operation is extended in time and expires the day before the Sejm of the new term gathers. Whereas in the Czech Republic we deal with immediate termination of the lower house activity. Unlike in Poland, the end of the lower house term of office does not affect duration of the Senat plenipotentiary pow- ers. Concerning the termination of term of office under the constitutional act, it needs to be emphasized that there are doubts regarding possibility of its passing in Poland. The reasons for that include regulation of the institution expressed in the constitution in the apparently complete way and the lack of separate consti- tutional act in the catalogue of the law sources. The Czech Constitutional Court recognizes such an act as being in contradiction with the Czech constitution, which may be additional argument in the discourse.

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