Parliamentary immunity in Poland Contents Introduction immunity - - PowerPoint PPT Presentation

Parliamentary immunity in Poland

Contents

 Introduction – immunity in the context

• f constitutional principles

 Material immunity (irresponsibility)  Types of inviolability privileges  Immunity procedures  Parliamentary practice

Introduction

 Article 105 of the Constitution

• f the Republic of Poland –

four forms of parliamentary immunity

 Immunity seen as:

• guarantee of the free parliamentary mandate,
• guarantee of autonomy of parliament,
• exception from the principle of equality.

Material immunity (1)

 Article 105 para. 1 of the Constitution  Limited scope: protects only

„activities performed within the scope

• f parliamentary mandate”

 Permanent – protection continued

after expiry of parliamentary mandate

Material immunity (2)

 Accountability before the Sejm

(or the Senate)

 Possible accountability before courts

in case of „infringement of the rights

• f third parties”

Inviolability privileges (1)

 Formal immunity (Article 105 para. 2

• f the Constitution)

 Protection from criminal accountability  Ends with expiry of mandate  MP may „renounce” the immunity

(Article 105 para. 4 of the Constitution)

Inviolability privileges (2)

 Protection from detention and arrest

(Article 105 para. 5 of the Constitution)

 Requesting suspension of criminal

proceedings instituted before the day

• f the election (Article 105 para. 3
• f the Constitution)

Immunity procedures

 Waiver of immunity:

• Impossible in case of a material immunity,
• Model procedure: formal control of the motion,

committee stage, plenary stage.

 „Renouncing” the formal immunity:

• Standard procedure,
• New procedure („driving misdemeanours”).

 Requesting suspension of criminal

proceedings

Parliamentary practice

 Increase of immunity cases

(mostly „driving misdemeanours”)

 The Sejm – about 70 resolutions

concerning waiving the immunity between 2003 and 2015, 1/3 with „a positive decision” (waiver)

 The Senate – 11 resolutions in the same

period, no waivers

Presentation by

Piotr CHYBALSKI, PhD Bureau of Research, Chancellery of the Sejm

• f the Republic of Poland

Policy Department Citizens’ Rights and Constitutional Affairs Responsible Administrator: Roberta PANIZZA

poldep-citizens@europarl.europa.eu