Legal opinion on the dismissal of members of the Labour Protection Council Cover Image

Opinia prawna w sprawie odwoływania członków Rady Ochrony Pracy
Legal opinion on the dismissal of members of the Labour Protection Council

Author(s): Piotr Czarny
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: term of office; Marshal of the Sejm; Labour Protection Council

Summary/Abstract: The author argues that laconic regulation of the dismissal of members of the Labour Protection Council, in conjunction with the provisions specifying its composition and with the principle of personal discontinuation of parliament’s work, allows us to assume that the end of the term of the Sejm and the Senate may constitute a precondition for dismissal from membership of the Board of Deputies and Senators sitting in the chambers of previous term of office and for the appointment of their successors from among the members of parliament of a new term. The principle of rotation in the terms of office of the Labour Protection Council means that the Marshal of the Sejm may not dismiss its members at his/her own “discretion”. Because of such a flawed and unclear provisions of the Act on the National Labour Inspectorate, the existing law should, according to the author, be changed and supplemented.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 199-208
  • Page Count: 10
  • Language: Polish