Opinia prawna na temat kompetencji Marszałka Sejmu do podjęcia decyzji w sprawie umieszczania i eksponowania symboli religijnych w budynkach Sejmu RP
Legal Opinion on the Competence of the Marshal of the Sejm to Decide on the Placement and Display of Religious Symbols in the Buildings of the Sejm of the Republic of Poland

Summary/Abstract: Polish law does not explicitly regulate the presence of religious symbols in public spaces. Since 1997, the only religious element of the Sejm’s plenary hall décor has been the Latin cross, the presence of which is justified by tradition, the state’s cultural identity, and universally accepted parliamentary practice. It is argued that religious symbols – due to their very nature – transcend the scope of ‘ordinary’ interior décor that is routinely maintained. The plenary hall, as a place of exceptional constitutional significance, is not subject to any discretionary decisions by the Marshal of the Sejm [i.e. the Speaker] or individual Sejm Deputies [i.e. MPs]. Instead, any determinations concerning the said hall should be adopted by the competent assembly. If the subject of a procedural motion submitted to the Marshal of the Sejm (pursuant to Article 241 of the Administrative Procedure Code) falls within the remit of the Sejm’s competence as a House of the Polish Parliament, the motion must be regarded as addressed to the entire House, rather than solely to its internal representative. In such cases, the said Marshal should refer the matter for consideration to the body that is competent within the scope ratione materiae, namely the Committee for the Rules of Procedure and Sejm Deputies’ Affairs.

• Details
• Contents