Opinia prawna na temat zakresu zastosowania instytucji wniosków formalnych z Regulaminu Sejmu RP do spraw będących przedmiotem porządku dziennego i przebiegu posiedzenia Zgromadzenia Narodowego zwołanego w celu złożenia przysięgi przez nowo wybraneg
Legal Opinion on the Scope of the Application of Procedural Motions Under the Standing Orders of the Sejm to Matters Included in the Agenda and Course of Proceedings of the National Assembly Convened for the Purpose of Administering the Oath of Offic

Summary/Abstract: This article analyses the scope and limits of the mutatis mutandis application of the Standing Orders of the Sejm to the proceedings of the National Assembly that is convened for the purpose of administering the oath of office to the newly elected President of the Republic of Poland. The point of departure is § 9 of the said National Assembly’s Standing Orders, which – in matters not regulated in those Standing Orders – provides for reference to the Standing Orders of the Sejm. Such reference is subject to significant limitations arising from: the Constitution of the Republic of Poland; the constitutional purpose of the said National Assembly’s sitting; and, in fact, the said National Assembly’s Standing Orders themselves. This study demonstrates that the mutatis mutandis application of the Sejm’s Standing Orders may neither lead to an extension of the agenda, nor result in the said National Assembly’s adoption of normative or declaratory acts, nor permit the conduct of a debate going beyond the scope of the act of administering the aforementioned oath. A detailed analysis has been carried out as regards the admissibility of submitting procedural motions, identifying those that are excluded due to the lack of the possibility of holding debates and considering draft resolutions, as well as those that may be deemed admissible insofar as they relate solely to the procedural aspects of the sitting. The possibility of ordering a recess or an adjournment of the sitting is assessed negatively, admitting it only in extraordinary circumstances, with due regard to the principle of continuity in the exercise of the office of the President of the Republic of Poland. The author also justifies the competence of the Marshal [i.e. Speaker] of the Sejm to refuse to put inadmissible procedural motions to a vote, emphasising that the criteria for their assessment must take into account both the Standing Orders of the Sejm and the Standing Orders of the said National Assembly, as well as the constitutionally defined subject matter of the sitting.

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