The Expiry of the Mandate of a Member of Parliament under the Electoral Code Cover Image

Wygaśnięcie mandatu parlamentarzysty unormowane w kodeksie wyborczym
The Expiry of the Mandate of a Member of Parliament under the Electoral Code

Author(s): Mariusz Poślednik
Subject(s): Constitutional Law, Government/Political systems, Electoral systems
Published by: Kancelaria Sejmu
Keywords: parliamentary mandate; expiry of the mandate; deprivation of the mandate; electoral code; Tribunal of State; vetting, incompatibility; prohibition against performance of economic activity by Deputies

Summary/Abstract: The article deals with the expiry of the mandate of a Member of Parliament (a Deputy or Senator) inrelations to the “termination” of the mandate for reasons other than the end of the term of the Chamberin the statutorily prescribed date. The author describes the preconditions for the expiry of the MP’s mandate, specified in Article 247 § 1 and § 2, Article 279 § 1 and § 2 of the Electoral Code.These preconditions are: the death of an MP; loss of eligibility or lack of it on the election day; deprivationof the mandate of a final and valid decision of the Tribunal of State; waiver of the mandate;holding on the election day a position or function, which pursuant to the provisions of the Constitutionor statutes is incompatible with the seat of an MP; appointment during the term for the positionor assignment of functions which — pursuant to the provisions of the Constitution or statutes — isincompatible with the seat of deputy or senator, as well as being elected during the term of parliamentto the office of Member of the European Parliament.

  • Issue Year: 2014
  • Issue No: 3
  • Page Range: 107-134
  • Page Count: 28
  • Language: Polish