The Sejm and Public Prosecution Authorities Cover Image

Sejm a organy prokuratury
The Sejm and Public Prosecution Authorities

Author(s): Paweł Sarnecki
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: Public Prosecutor General; National Council of Public Prosecution

Summary/Abstract: The Act of 9 October 2009 separates the positions of Public Prosecutor General and Minister of Justice. Following its entry into force, the Public Prosecutor General has ceased to be a member of the Council of Ministers. The relevant existing powers of the Sejm relating to Minister of Justice cannot be exercised in relation to the Public Prosecutor General. The latter is no longer appointed by the Sejm, but by the President of the Republic of Poland. Moreover, the Sejm was deprived of its powerto perform oversight over the prosecutor’s office, but in practice the Public Prosecutor General quite often delivers information about his/her activities to the Sejm, especially to Sejm committees. Overall control over of the Public Prosecutor General (and — indirectly — over the entire Prosecutor’s Office) is exercised by the Prime Minister who examines annual reports submitted by the Public Prosecutor General. If the Prime Minister does not approve the report he/she may submit a request to the Sejm to dismiss the Prosecutor. Another channel by which the Sejm may exert influence on the Public Prosecutor General is probably the National Council of Public Prosecution, whose composition may contain four Deputies to the Sejm and two Senators.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 85-101
  • Page Count: 17
  • Language: Polish