Legal opinion on the normative consequences of a withdrawal of a petition submitted to the Sejm (BAS WAUiP 1452/16) Cover Image

Opinia prawna w sprawie normatywnych skutków wycofania petycji skierowanej do Sejmu
Legal opinion on the normative consequences of a withdrawal of a petition submitted to the Sejm (BAS WAUiP 1452/16)

Author(s): Piotr Chybalski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Sejm committee; Marshal of the Sejm; petition; Standing Orders of the Sejm

Summary/Abstract: The specificity of the proceedings in relation to petitions precludes the admissibility of discontinuance of the proceedings regarding consideration of a petition on the basis of appropriate application of Article 105 § 1 of the Code of Administrative Procedure. In case of withdrawal of a petition submitted to the Sejm, the body responsible for its consideration, i.e. the Petitions Committee, should make a decision about the way of proceeding with the petition. Withdrawal of the petition does not prevent its consideration. Given the open catalogue of the ways in which petitions can be proceeded, the Committee should be allowed to adopt a resolution to refuse consideration of the petition because of the applicant’s willingness to withdraw the petition.

  • Issue Year: 2016
  • Issue No: 3
  • Page Range: 64-68
  • Page Count: 5
  • Language: Polish
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