Abstract
The main research aim of this article is an analysis of the length of the parliamentary term of office in Poland based on the analysis of legal rules. According to the art. 98 para. 1 of the Constitution, the parliamentary term of office starts on the day on which the Sejm assembles for its first sitting and ends on the day preceding the first assembly of the newly elected Sejm. Although the mentioned rule also expressly states that parliamentary term of office lasts 4 years, the length of the particular terms of office could be very different. If the parliamentary term of office is shortened, it could last even less than two months. If it is prolongated because of the introduction of the extraordinary measure, it could last approx. 5 years (in case of emergency state), or it maximal length can not be defined. Moreover, even in case of the “normal” terms of office they could have different length – slightly less than 4 years or longer than 4 years by even a few weeks. The presented considerations lead to the conclusion that there is need to make certain amendments of the rules of law concerning this area, which would ensure minimal 4 years length of the “normal” parliamentary term and regulate the organisation of the parliamentary elections after the termination of the extraordinary measure. Author analysed the legal rules basing on legal-dogmatic method and interpreted them by using such methods of their interpretation as: language-logical, teleological and systematic.
Highlights
Introductory remarksThe focus of this article is the analysis of the legal problem of how long a term of office of the Polish parliament can last
The main research aim of this article is an analysis of the length of the parliamentary term of office in Poland based on the analysis of legal rules
The term of office of the Polish parliament could last much less than 4 years if it is cut short for some reason
Summary
The focus of this article is the analysis of the legal problem of how long a term of office of the Polish parliament can last. The term of office of the Polish parliament could last much less than 4 years if it is cut short for some reason This analysis is focused on the question of the shortest possible term of office in accordance with legal provisions. The end of the term of office of the “old” parliament is the day preceding the day of the first sitting of the “new” Sejm 3) or by Presidential order, when the Council of Ministers receives a vote of no confidence from the Sejm at any stage of the procedure of appointing the new government, or when the parliament does not adopt a budgetary bill within the constitutionally mandated term The Constitution allows this kind of extension only in the case of the introduction of extraordinary measures (Witkowski, 2015, pp. 275–278)
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