Parliamentary Mandate and Membership of the Council of Ministers: reflections on Potential reforms in Polish Law and Constitutional Practice
Parliamentary Mandate and Membership of the Council of Ministers: reflections on Potential reforms in Polish Law and Constitutional Practice

Summary/Abstract: The principle of incompatibility is highly significant for upholding the standards of a democratic state governed by the rule of law. It helps shape the structure of the system of public authorities and constitutes one of the fundamental guarantees of the independent exercise of the parliamentary mandate. The 1997 Polish Constitution provides an extensive catalogue of functions that may not be combined with a parliamentary mandate. At the same time, it expressis verbis provides for an exception for members of the Council of Ministers and secretaries of state in government administration. This article argues that while this solution is characteristic of parliamentary-cabinet systems of government, it also gives rise to certain adverse phenomena. In Poland, there is a persistent tendency to appoint parliamentarians to numerous ministerial and secretary-of-state positions, a practice that is subject to critical assessment by legal scholars and commentators as well as in public discourse. Under the current legal framework, the arguments for maintaining the constitutional exception to the principle of incompatibility are intertwined with arguments calling for its abolition.

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