Ocena konstytucyjności niektórych przepisów ustawy zmieniającej ustawę o wykonywaniu mandatu posła i senatora
Assessment of the constitutionality of certain provisions of the Act amending the Act on the Exercise of the Mandate of a Deputy or Senator

Summary/Abstract: The draft position of the Sejm related to the referral of the President of the Republic of Poland, stating that the indicated provisions of the Act amending the Act on the Exercise of the Mandate of a Deputy or Senator are in conformity to the Constitution. The articles in question provided that a deputy or a senator deprived of liberty does not exercise the rights and duties arising from the aforementioned provisions. They also apply to a deputy or a senator against whom a decision on detention on remand has been issued. The essence of the President's claim is that the amending Act was adopted in violation of the requirements of the legislative process, since the Senate exceeded the constitutional limits of amendments to a statute passed by the Sejm. However, in the position it was stated that the Senate's amendments directly concerned the subject matter of the regulation, and that there had been no violation of the Constitution in this regard.

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