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POLAND
Sejm (Sejm)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name -
More photos  >>>
Structure of parliament Bicameral
Chamber name Sejm
Related chamber (for bicameral parliaments) Senat / Senate
Affiliation to the IPU Yes
Affiliation date(s) 1921 - 1950
1955 -
LEADERSHIP
President Ewa Kopacz (F) 
Notes Elected on 8 Nov. 2011.
Secretary General Lech Czapla (M) 
Notes Appointed on 23 July 2010.
COMPOSITION
Members (statutory / current number) 460 / 460
PERCENTAGE OF WOMEN


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Women (current number) 109 (23.70%)
Mode of designation directly elected 460
Term 4 years
Last renewal dates 9 October 2011
(View details)
CONTACT INFORMATION
Address Sejm
ul. Wiejska 6/8 - 00 902 WARSZAWA
(Export mailing lists)
Phone (48 22) 694 20 41
Fax (48 22) 694 18 63
E-mail listy@sejm.gov.pl
Website
http://www.sejm.gov.pl

ELECTORAL SYSTEM

Parliament name -
Structure of parliament Bicameral
Chamber name Sejm
Related chamber (for bicameral parliaments) Senat / Senate
LEGAL FRAMEWORK
Electoral law 12 April 2001
Last amended on 3 March 2011
Mode of designation directly elected 460
Constituencies 41 multi-member (7-19 seats) constituencies, a total of 460 seats.
Voting system Proportional: - All 460 members are elected by proportional representation, distribution of seats being effected on the basis of the modified Saint-Lague method; parties win seats according to the aggregate vote for their candidates in a constituency, and then allocate them to those with highest totals.
- At least 35 per cent of candidates on party lists must be women and another 35 per cent men.
- There are thresholds for participation in allocation of seats: 5% of the total votes cast for party list; 8% for a coalition list. National minorities' lists are exempt from thresholds requirements.
Vacancies arising between general elections are filled by the individual who is "next-in-line" on the list of the party which formerly held the seat.
Voting is not compulsory.
Voter requirements - age: 18 years
- Polish citizenship
- disqualifications: mental deficiency, deprivation of civil or electoral rights by court ruling
CANDIDATES
Eligibility Qualified electors
- age: 21 years
- Polish citizenship
- permanent residence in the country for not less than five years
Incompatibilities - President of the National Bank of Poland, of the Supreme Chamber of Control, the Commissioner for Citizens' Rights, the Commissioner for Childrens' Rights or their assistants
- members of the Council for Monetary Policy, of the National Council of Radio Broadcasting and Television
- ambassadors
- employment in the chancelleries of the Diet, Senate or President of the Republic
- employment in government administration (except members of the Council of Ministers and Secretaries of State); employment in local government administration
- judges, public prosecutors
- civil servants
- soldiers on active duty, police or State protection forces
- elected members of local government
Candidacy requirements - endorsed by electors and political parties, which may set up national or local electoral committees for this purpose
- lists of district constituency candidates must be submitted no later than 40 days prior to the polling date and be supported by at least 5,000 electors resident in the constituency concerned

LAST ELECTIONS

Parliament name -
Structure of parliament Bicameral
Chamber name Sejm
Related chamber (for bicameral parliaments) Senat / Senate
BACKGROUND
Dates of election / renewal (from/to) 9 October 2011
Timing and scope of renewal Elections were held for all the seats of the Sejm on the normal expiry of the members' term of office.
On 4 August 2011, President Bronislaw Komorowski called parliamentary elections for 9 October. The Gender Quota bill, passed by parliament in January 2011, was applied for the first time in the 2011 elections (see note 1). Under the new electoral law, which came into force on 1 August 2011, Poles abroad are allowed to vote by post in general elections. The same law initially provided that elections would be held over two days, but this new provision was ruled unconstitutional by the Constitutional Tribunal (see note 2).

In the previous elections (October 2007), the Civic Platform (PO), led by Mr. Donald Tusk, took 209 seats in the 460-member Sejm (lower house) and 60 in the 100-member Senate. The party of then Prime Minister Jaroslaw Kaczynski, Law and Justice (PiS), took 166 and 39 seats respectively. The Left and Democrats (LiD) and the Polish Peasant Party (PSL) took 53 and 31 seats in the Sejm, while the remaining seat went to the German-speaking minority (in the Sejm) and an independent candidate (in the Senate).

In November 2007, the Sejm elected Mr. Komorowski (PO) as its Speaker, while Mr. Bogdan Borusewicz (independent) was re-elected as the Senate President. President Lech Kaczynski - the outgoing Prime Minister's twin brother - subsequently designated Mr. Tusk as the new Prime Minister. The latter formed a coalition government comprising his PO and the PSL. Under his government, Poland was the only country in the European Union (EU) to record economic growth during the 2008 - 2009 global economic crisis.

In April 2010, President Kaczynski and his wife - as well over 90 other senior officials - were killed in a plane crash at Smolensk airport in Russia. They were on their way to a ceremony to mark the 70th anniversary of the 1940 Katyn massacre, in which some 22,000 Poles were executed by the Soviet secret police. Speaker Komorowski became Acting President. He defeated Mr. Jaroslaw Kaczynski in the run-off presidential elections held in July the same year.

The tragedy in Smolensk continued to cast a shadow over the country in 2011. In January, Russia's Interstate Aviation Committee published a report concluding that pilot error, induced by "psychological pressure", was the main cause of the crash. PiS leader Kaczynski criticized the report, which, in his view, "had made a mockery of Poland".

In late July, a commission established by Polish Interior Minister Jerzy Miller published its own report on the Smolensk crash. The report concluded that pilot error was mostly to blame, but that unclear instructions from Russian air traffic controllers and bad weather at Smolensk airport also played a part. Defence Minister Bogdan Klich (PO) resigned, as the special transport aviation regiment in charge of VIP flights is subordinate to the Defence Ministry.

The 2011 elections saw a renewal of the duel between the PO and the PiS. In all, 7,035 candidates, including 3,063 women, stood for the Sejm and 500 candidates, including 70 women, ran for the Senate. Several widows of parliamentarians killed in the Smolensk tragedy, and former Defence Minister Klich, decided to run.

Prime Minister Tusk's PO ran on the government's record. The country's economy was expected to grow by 4 per cent in 2011, the highest rate among the EU's seven largest economies. He promised to reinforce the country's relationship with the EU but at the same time work for a rapprochement with Russia. He qualified the PiS as a "Eurosceptic, inward-looking opposition" party.

Mr. Kaczynski's PiS criticized the PO for not doing enough to lower unemployment, which reached almost 12 per cent in 2011. It promised to create more jobs and accelerate the pace of economic development, especially in the rural eastern regions.

The PSL - the PO's coalition partner in the outgoing government - pledged to obtain more EU funds for farmers to keep food prices under control. It also promised to provide affordable insurance for farmers and to develop clean energy. PSL leader Waldemar Pawlak said he would consider joining a new PO-led government on condition that his party received the same number of ministerial posts (3) as in the outgoing government.

The Democratic Left Alliance (SLD, successor of the Communist Party that had ruled Poland until the fall of communism in 1989) promised higher wages and support for the poorest families. SLD leader Grzegorz Napieralski pledged to establish a better relationship both with Western partners and Russia.

Palikot's Movement (RP) - formed in October 2010 by a former PO member, Mr. Janusz Palikot - vowed to establish a clear separation between Church and State. It campaigned on the legalization of abortion, gay marriage and marijuana. Although the Roman Catholic Church remains influential in Poland, the RP was reportedly gaining traction among young voters.

President Komorowski urged voters to turn out massively, recalling that "every vote has the same power as the vote of the President, Prime Minister or a minister."

On 9 October, 48.92 per cent of the 30.7 million registered voters turned out at the polls.

Prime Minister Tusk's PO remained the largest party with 207 seats in the Sejm and 63 seats in the Senate. The PO became the first party to win two consecutive terms since the fall of communism. Its coalition partner, the PSL, took 28 and two seats respectively, thus giving the outgoing government a majority in the newly elected parliament. The PiS remained the second largest party, winning 157 seats in the Sejm and 31 seats in the Senate. The RP and the SLD took 40 and 27 seats in the Sejm. The remaining seat in the Sejm went to the German-speaking minority, while the remaining four seats in the Senate went to independents. Former Defence Minister Klich (PO) was elected to the Senate along with Ms. Beata Gosiewska, widow of former PiS MP Przemyslaw Gosiewski, a victim of the Smolensk tragedy. In all, 110 women were elected to the Sejm and 13 to the Senate.

The newly elected parliament held its first session on 8 November. The Sejm elected Ms. Ewa Kopacz (PO) as its new Speaker - the first woman in Poland to assume the post - while Mr. Bogdan Borusewicz (PO) was re-elected as the Senate President.

On 19 November, Mr. Tusk's new government - comprising his PO and the PSL - won a vote of confidence in the Sejm.

Note 1:
At least 35 per cent of all candidates on the lists of all parties running for seats in the 460-seat Sejm must be women and 35 per cent must be men. The rule does not apply to elections to the 100-seat Senate but does apply to elections to the European Parliament and municipal elections. On 28 January, President Komorowski signed a bill into law that was based on an initiative from the Polish Women's Congress, supported by the signatures of more than 100,000 citizens. The law came into force on 3 March 2011. Although the initial proposal was for a 50 per cent quota, parliament lowered the figure to 35 per cent.

Note 2:
The request to examine the new electoral law was submitted by the PiS, which claimed that two-day elections would allow turnout to be manipulated. In the same ruling, the Constitutional Tribunal ruled that a ban on TV advertising and billboards in election campaigns was incompatible with the Constitution and upheld the use of single-member constituencies in Senate elections.
STATISTICS
Voter turnout
Round no 19 October 2011
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
30'762'931
15'050'027 (48.92%)
680'524
14'369'503
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Civic Platform (PO) 39.18
Law and Justice (PiS) 29.89
Palikot Movement (RP) 10.02
Polish Peasant Party (PSL) 8.36
Democratic Left Alliance (SLD) 8.24
German Minority 0.19
Distribution of seats
Round no 1
Political Group Total of seats
Civic Platform (PO) 207
Law and Justice (PiS) 157
Palikot Movement (RP) 40
Polish Peasant Party (PSL) 28
Democratic Left Alliance (SLD) 27
German Minority 1
Distribution of seats according to sex
Men

Women

Percent of women
350

110

23.91%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
IPU Group (12.10.2011, 09.11.2011, 30.11.2011, 09.01.2012)
http://wybory2011.pkw.gov.pl/wyn/en/000000.html#tabs-1

Note on the distribution of seats
German Minority member is considered as non-affiliate since a minimum of three members is needed to form a parliamentary group in the Sejm. After the election seven members left the Law and Justice (PiS) and became non-affiliated members.

At the first session, held on 8 November 2011, 458 members, including 110 women, were sworn in. The mandates of two candidates-elect were invalidated due to incompatibilities with their profession. Two new members, both men, were sworn in on 17 November. The total number of women thus remained at 110 out of 460 members.

The composition of the Sejm as at 30 November 2011:
Civic Platform (PO): 207
Law and Justice (PiS): 137
Palikot Movement (RP): 41
Polish Peasant Party (PSL): 28
Democratic Left Alliance (SLD): 26
Polish Solidarity: 18*
Independents: 3**

*Polish Solidarity was formed by candidates elected under the PiS banner in 2011.
*Independent members: one representing the German minority and two elected under the PiS banner in 2011.

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name -
Structure of parliament Bicameral
Chamber name Sejm
Related chamber (for bicameral parliaments) Senat / Senate
APPOINTMENT AND TERM OF OFFICE
Title Marshal of the Sejm
Term - duration: 4 years (term of House);
- reasons for interruption of the term: resignation, death, dismissal
Appointment - elected by all Members of the Assembly
- election is held at the first sitting of the newly elected Sejm
- after the Members' mandates are validated and after Members are sworn in
Eligibility - any Member of the Sejm supported by at least 15 Deputies may be candidate
- formal notification of candidature has to be submitted to the most Senior former Marshal when the vote is called for
Voting system - formal vote by public ballot (by show of hands or roll call)
- absolute majority of votes of at least half of the Members of the Sejm is required
- if there are more than one candidate and if no candidate obtains the required majority in the first round, several rounds are held. The candidate having received the smallest number of votes does not take part in subsequent rounds of voting.
Procedures / results - the most senior former Marshal presides over the Assembly during the voting
- the Members-Secretaries and the most senior former Marshal supervise the voting
- the most senior former Marshal announces the results without any delay
- the results cannot be challenged
STATUS
Status - ranks second in the hierarchy of State ; may be calld upon as acting Head of State in his/her absence
- has precedence over the Marshal of the Senate
- presides over joint sittings of both Houses
- represents the Assembly with the public authorities
- represents the Assembly in international bodies
- in the absence of the Marshal, one of the two Vice-Marshals can assume his/her role and functions
Board - the Presidium of the Sejm is regulated by Standing Orders of the Sejm
- consists of 3 to 5 Members appointed for 4 years
- convenes at least once a week
- is in fact a collegiate presidency
Material facilities - daily allowance as a Member of the Sejm
- salary: PLZ 15,000 per month in 2009
- special allowance
- right to travel by plane and by train
- suite in the Sejm's hotel
- official car
- secretariat
- protection by the Government Security Bureau
- right to use planes and helicopters of the special transport section of the Air Force Squadron
FUNCTIONS
Organization of parliamentary business - presents the agenda to the Sejm for approval
The Presidium of the Sejm:
- establishes and modifies the agenda
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- examines the admissibility of request for setting up committees and/or committees of enquiry, proposes or decides on the setting up of such committees
The Sejm:
- refers texts to a committee for study
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Assembly
- takes disciplinary measures in the event of disturbance, and lifts such measures
- gives and withdraws permission to speak
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the adopted texts and the records of debates
- interprets the rules or other regulations governing the life of the Assembly according to precedents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
Special powers - takes part in voting on the Sejm's budget, as any other Member
- appoints the Clerk, in consultation with the Deputies Affairs Committee
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the Parliament Guard (Sejm Police) in the event of disturbance in the Chamber
Speaking and voting rights, other functions - takes the floor in legislative debates
- provides guidelines for the interpretation or completion of the text under discussion
- takes part in voting as any other Member
- proposes bills or amendments as any other Member of the Sejm
- intervenes in the parliamentary oversight procedure by reviewing interpellations
- is consulted by the Head of State in the event that the latter wants to dissolve the Sejm

PARLIAMENTARY MANDATE

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)
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.
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 18 January 2012
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