On the admissibility of remote voting in the Sejm on the basis of the Constitution of the Republic of Poland of 1997 Cover Image

O dopuszczalności zdalnego głosowania w Sejmie na podstawie Konstytucji RP z 1997 r.
On the admissibility of remote voting in the Sejm on the basis of the Constitution of the Republic of Poland of 1997

Author(s): Janusz Roszkiewicz
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: łosowanie zdposłowie, Sejm; środki komunikacji elektronicznej

Summary/Abstract: The subject of the article is to assess the admissibility of remote voting in the Sejm by means of electronic communication from the point of view of the Constitution of the Republic of Poland, in particular Article 109(1) and Article 120. The aim of the article is to determine – with the use of dogmatic, historical and comparative method – the possibility of holding a valid sitting of the Sejm in the presence of deputies remotely participating in the sitting. The text takes the view that a purposive interpretation allows for the holding of a sitting of the Sejm in virtual form (by permitting remote voting) in exceptional situations, in particular when the physical presence of deputies in the plenary chamber is impossible or would involve a serious risk to their life or health. The technical means used for remote voting should ensure that all authorised deputies have a secure and effective connection to the voting equipment, i.e. that the voter can be identified, that it is tamper-proof and that the vote can be cast efficiently.

  • Issue Year: 2021
  • Issue No: 3
  • Page Range: 111-125
  • Page Count: 15
  • Language: English, Polish