Please use this identifier to cite or link to this item: https://hdl.handle.net/10593/6653
Title: ROLA SENATU RP W WYKONYWANIU KONTROLI PARLAMENTARNEJ
Other Titles: THE ROLE OF THE SENATE OF THE REPUBLIC OF POLAND IN EXERCISING PARLIAMENTARY CONTROL
Authors: Szymanek, Jarosław
Issue Date: 2004
Publisher: Wydział Prawa i Administracji UAM
Citation: Ruch Prawniczy, Ekonomiczny i Socjologiczny 66, 2004, z. 1, s. 15-33.
Abstract: This article attempts to analyze whether the Senate of RP actually exercises its control function. The starting point is the analysis of Article 95, clause 2 of the Constitution, which unequivocally entrusts the Sejm (Lower House of Parliament) with parliamentary control tasks. A simple a contrario analysis would conclude that the Senate, the second body of legislation, has been deprived of any measures of control over the Council o f Ministers. However, Article 95, clause 2 alone should not be the primary, let alone the only basis precluding the Senate from exercising the control tasks, especially if this article was treated as a regulation providing a basis for political accountability of the Council of Ministers. It seems reasonable that the Senate can perform some, if very limited, control functions, however their character cannot be imperative, and, by analogy, cannot impose any sanctions, such as passing the vote of no confidence against the government. Control functions of the Senate therefore essentially boil down to gathering information connected with the operations of the Council of Ministers. A typical means to achieve this goal is the right to demand information, right to demand presence and finally the right to be heard. Such means have been assigned to the Senate but by the regulations below the constitution level only. It can be a point of discussion here whether empowering the Senate with instruments of parliamentary control by the regulations below the constitution level has been achieved contrary to the intentions of the legislative and whether their adoption was not praeter legem.
URI: http://hdl.handle.net/10593/6653
ISSN: 0035-9629
Appears in Collections:Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2004, nr 1

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