About the need to restore the honorary court and introduce the parliamentary and senatorial apology to the Polish parliamentary law

There is no universal regulatory model of parliamentary ethics. The issues of parliamentary ethics are regulated in various countries by acts of varying degrees, usually statutes and parliamentary standing orders. There are countries where redress for abusive conduct of MPs is subject to general rules such as civil liability. Law in other states provides specific sanctions and means of redress for breach of ethics. Traditional forms of redress, referring to the rules of honor procedure of knighthood and nobility, include various forms of apology: personal, written, in mass media, and a particularly interesting type of apologies – to the whole parliament (chambers) as an offended “person”. The inter-war history of the Polish parliament provides an interesting example of an honorary court institution that dealt with cases of offence of one member by the other and the marshal’s court – gathering in case of the violation of the honor of a member by a non-parliamentarian. The honorary court survived until the first years of the communist period. Since 1997, there has been a parliamentary commission in the Polish Parliament, whose mode of operation and system of sanctions’ apply – does not meet its task. The aim of this article is to propose innovative and restorative changes in the area of the subject matter in Poland -- first of all – the restoration of court of Honour and the introduction of an apology from MPs and Senators for breach of ethics.

The evolution of the European Parliament as an institution in the legislation of the European Union and the status of its members – selected issues

The article presents the evolution of the mandate of a Member of Parliament from the beginning of its development as an institution of the European Union. PE began to take shape already in 1949 due to the changes that followed as a result of the formation of the European Communities.It is believed that, its benchmark was a Consultation Assembly of the Council of Europe which was brought into being in 1949. Moreover, its beginnings can be associated with Paris Treaty signed on 18 April 1951. Under this treaty the European Union of Coal and Steel was created. European Parliament Deputies` status was assigned by the Decision of Council of the European Union concerning an election of members of the European Parliament in general elections (76/787/EWWiS, EWG, Euratom), Protocol on the Privileges and Immunities of the European Communities, the Regulations of the European Parliament and the European Parliament decision on the adoption of the status of Members of the European Parliament. The purpose of this article is to show the changes that have since the beginning of the formation of the EP followed in EU legislation, in relation to the EP and how legislation is shaped mandate of its members. The basic thesis of this article is how the process of evolution PE over the years, has changed its position in the EU institutional system, and how over the years, regulated the issue of the mandate and status of its deputies. The article is also of evolutionary political position of the EP and the status of its members. The analysis, applicable to several common problems associated with the evolution of EU legislation, the institution of free mandate of MEP over the years.

The strength of the parliament in the political system is largely dependent on its professionalism defined by the activity of its deputies. Polish MPs’ level of education is high, often higher than the West European average. The aim of this paper is to find out whether candidates’ education is an electoral criterion, whether voters base their decisions on the prospective deputies’ qualifications and skills confirmed by university diplomas. The study the results of which I present below was carried out between December 2018 and February 2019 as part of the nationwide research project Political preferences. Attitudes – Identifications – Behaviors. It was conducted with the application of the survey questionnaire method.

Aktywność parlamentarna posłów jest często przedmiotem debaty publicznej, głównie z powodu transmitowania obrad, odbywających się w murach polskiego parlamentu. Do wyborców trafiają fragmenty wystąpień posłów, które przykuwają uwagę odbiorców ze względu na poruszane tematy, sposób wypowiadania się oraz emocje, jakie wywołują wśród parlamentarzystów. Uwaga mediów skupia się głównie na najbardziej znanych politykach. Trudno z tego powodu w telewizji i radiu dostrzec działalność posłów z tzw. tylnych ław, którzy wielokrotnie wykazują się większą aktywnością parlamentarną niż bardziej znani politycy.

Parliamentary inviolability and COVID-19

The article is devoted to the relationship between the institution of parliamentary inviolability and certain measures used to prevent or combat infectious diseases, including COVID- 19. Article 105 sec. 5 of the Constitution of the Republic of Poland prohibits deprivation or restriction of freedom of a member of parliament without the consent of the competent chamber, except his apprehension in the act of committing a crime and if a detention is necessary to ensure the proper course of the proceedings. At the same time, anti-epidemic regulations relating, inter alia, to COVID-19, provides for the possibility to apply measures such as quarantine, home isolation or forced hospitalization that appear to conflict with constitutional regulation of parliamentary inviolability. Furthermore, the law foresees a possibility to apply direct coercion to people resisting the application of such measures. The authors, relying on the concept of assessing the value of legally protected goods, developed by Constitutional Tribunal, conclude that, despite the lack of an explicit constitutional regulation in this regard, it is possible to apply anti-epidemic regulations to members of the Polish parliament. In this case, values such as human life and health prevail over the legal good protected by the institution of parliamentary inviolability.

The Free Mandate and Its Limits

The author aims to highlight the issue of the free mandate and its limits by indicating its evolution over the years. This paper includes a consideration of the characteristics of the representative free mandate by indicating its basic properties (universality, independence and non-revocability) as well as the formal and material limits of its exercise. The author focuses his attention primarily on the analysis of the regulations concerning the problem in question, extended by a number of doctrinal views and the historical aspect.

Selected Control Instruments Used by Committees of the Sejm of the Republic of Poland

The article discusses the control instruments used by Sejm committees acting as bodies of the Sejm. The committees have a wide range of possibilities to perform their control function, but they cannot go beyond the scope specified in the constitution. Some committees have their own powers based on special statutory regulations. The article is based on legal provisions and parliamentary practice, indicates the advantages and disadvantages of the instruments used, and also contains conclusions regarding the possibilities of improving this aspect of the committee’s operation.