Opinia prawna w sprawie statusu osoby, wobec której na podstawie art. 249 § 1 Kodeksu wyborczego Marszałek Sejmu stwierdził wygaśnięcie mandatu poselskiego w drodze postanowienia, przed upływem terminu na wniesienie odwołania od tego postanowienia lub jego rozpatrzenia przez Sąd Najwyższy

Legal Opinion on the Status of a Person in Respect of Whom, Pursuant to Art. 249(1) of the Electoral Code, the Marshal of the Sejm Has Declared the Termination of a Parliamentary Mandate by Means of a Decision, Prior to the Expiry of the Time-Limit for an Appeal against that Decision or Its Consideration by the Supreme Court

• Polish
• English

The author of the opinion states that the decision of the Marshal of the Sejm to declare the termination of a parliamentary mandate, issued pursuant to Art. 249(1) of the Electoral Code, has legal effects as soon as this decision is delivered to the person concerned. As a consequence, the person concerned may no longer be recognised as a Member of Parliament, and thus may not exercise any of the powers and duties provided for by law in connection with a parliamentary mandate. In the following part of the opinion, the author analyses the issues of the procedure for serving the aforementioned decision, as well as the time limit for appealing against it to the Supreme Court. In addition, the author postulates consideration of a possible amendment to Art. 250 of the Electoral Code, which would boil down to a stipulation in the wording of this provision that a parliamentary mandate challenged by the Marshal of the Sejm would terminate upon the expiry of the deadline for lodging an appeal to the Supreme Court, possibly as a result of the Supreme Court’s failure to consider the appeal.