Legal opinion on the possibility of speaking in the debate on the motion to recall the Marshal of the Sejm by the Marshal of the Sejm or a Deputy(...) Cover Image

Opinia prawna w sprawie możliwości zabrania głosu w debacie nad wnioskiem o odwołanie Marszałka Sejmu przez Marszałka Sejmu lub posła rekomendowanego
Legal opinion on the possibility of speaking in the debate on the motion to recall the Marshal of the Sejm by the Marshal of the Sejm or a Deputy(...)

Author(s): Wojciech Odrowąż-Sypniewski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Marshal of the Sejm; Deputy; Standing Orders of the Sejm;

Summary/Abstract: The author analyzes the normative model derived from the Standing Orders of the Sejm and confronts the theoretical assumptions with parliamentary practice accompanying the procedure for election of the Marshal of the Sejm, based on its similarity to the procedure for recall of the Marshal of the Sejm. He argues that the general principles set out in Chapter 2, “Debates of the Sejm” in Section III of the Standing Orders of the Sejm, should apply to this matter in question. The said provisions do not provide for specific powers that would give the Deputies subject to the motion for the recall of the Marshal of the Sejm the right to speak in the debate in accordance with the rules different from those defining the procedure for taking floor by other speakers. It should be assumed that in the debate on a motion to recall the Marshal of the Sejm the questions in the debate can be responded by their intended addressees, i.e. a person subject to the motion or the designated candidate. There is no specific basis in the Standing Orders that would allow giving a speech by the Deputy subject to the motion when no question has been addressed to him/her during the debate.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 75–82
  • Page Count: 8
  • Language: Polish