Problematyka łączenia mandatu parlamentarnego ze stanowiskami członka Rady Ministrów i sekretarza stanu w administracji rządowej
The issue of combining a parliamentary mandate with the positions of a member of the Council of Ministers and a secretary of state in government administration

Summary/Abstract: Author analyzes the exception to the principle of incompatibilitas, established in art. 103 sec. 1 in fine of the Constitution of the Polish Republic, allowing to combine a parliamentary mandate with the membership in the Council of Ministers and function of secretary of state in government administration. The article exam- ines incompatibilitas in the context of the parliamentary mandate, the exception from it and interpretations of doctrine and jurisprudence. Positive and negative aspects of combining legislative and executive functions were also assessed. Author used e.x. legal and historical methods. The author negatively evaluates discussed exception as unfavorable for the legislative authority and proposes the institution of suspending the mandate and function of „deputy”, performing parlamentary duties in place of cabinet member.

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