The Limits of MP’s Amendments of Government Drafts  of Regular Bills and the Budget Act

The article concentrates on the issue of regulations of legislative proceedings in the Sejm in the scope of the right of Members of Parliament to put forward amendments to government bills. Analysis of the provisions of the Constitution of April 2, 1997 and of the Standing Orders of the Sejm of 1992 proves that the current regulations, both with reference to the so-called regular bills, as well as the draft of the budget act, create great possibilities for Members of Parliament to make changes to the government legislative proposals during the stages of the first and the second reading of a bill. This creates a serious threat to the material integrity of the projects, as well as limits the effectiveness of the policy conducted by the government. The previous amendments to the Standing Orders of the Sejm made in order to limit the influence of MP’s amendments on the contents of government projects proved to be not effective enough; therefore, the Author calls for the further modernization of legislative proceedings aimed at guaranteeing effective protection of government projects against their deformation during the legislative proceedings in the Sejm.

On 26 March 2020, by a resolution adopted on 26 March 2020, the Standing Orders of the Sejm of the Republic of Poland were amended to allow the sessions to be conducted using electronic means of remote communication. These amendments raise serious reservations as to their constitutionality. This is due to the fact that the Constitution of 1997 stipulates that the Sejm and Senate shall meet at sessions, while the meeting, being a concept that has been defined, is defined as the assembly of MPs in one place in order to consider the matter under discussion. In addition, as parliamentary practice has demonstrated, the changes introduced have generated a number of problems related to Deputies’ attendance at such remote sessions, participation in debates and casting votes. As a consequence, this may lead to weakening of the legitimacy of the work of the Chamber and a reduction in the capacity to exercise the mandate.

Custom as a Creator of Legal Norm on the Example of Standing Orders of the Sejm

Parliamentary custom has been present in modern parliament since its inception. The functioning of the British or German parliament shows that customs can co-create or supplement parliamentary procedure. In the Polish parliament, customs also regulate a number of proceedings. The subject of this article is the custom found in the practice of the lower house of the Polish parliament – the Sejm. Examples of customs that have been transformed into norms of the Sejm’s rules of procedure despite their long practice are indicated and discussed. However, the analysis of these examples does not give a clear answer to the question of the reasons for turning custom into law. It shows the inconsistency and discretionary nature of the changes. It is also in vain to find purposefulness and consistency in the creation of norms on the basis of custom.