ROLA SENATU RP W WYKONYWANIU KONTROLI PARLAMENTARNEJ
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Date
2004
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Wydział Prawa i Administracji UAM
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THE ROLE OF THE SENATE OF THE REPUBLIC OF POLAND IN EXERCISING PARLIAMENTARY CONTROL
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.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 66, 2004, z. 1, s. 15-33.