Konstytucyjne uwarunkowania organizacji posiedzeń Sejmu RP w czasie pandemii

Abstract

The problem of functioning of the Sejm in time of the SARS-CoV-2 pandemic is currently a matter being, due to obvious reasons, often discussed by Polish legal doctrine. The purpose of the paper was to carry out a dogmatic analysis of constitutional rules with determine the allowed scope of modification or organising plenary sittings of the Sejm, what allowed to draw conclusions regarding the constitutionality of the so-called hybrid model of sittings introduced as a result of the adoption of the amendments of the Standing Orders on 26th March 2020. While a practical value of the model of hybrid plenary sittings, i.e. with a possibility of a remote participation of Deputies, cannot be questioned, the legal solutions in question raise doubts as to their conformity to the Constitution. Still it should be mentioned that there various doctrinal standpoints regarding this matter. A separate part of the paper was focused on the possibilities of reorganising plenary sittings of the Sejm on the basis of general, having been in force for many years, rules of the Standing Orders, i.e. in a hypothetical situation, if no normative changes regarding this issue had been in March 2020.

Keywords

• constitution
• Standing Orders of the Sejm
• sitting of the Sejm
• pandemic