2019-03-04
FOR Communication 6/2019: The Right to Observe the Sessions of the Sejm in View of the Latest Jurisprudence of Administrative Courts
- The possibility for citizens to enter the session of the Sejm and observe the session is an explicit result of the provisions of the Constitution; in May 2018, however, some people were refused access to the gallery, which allowed this decision to be verified by the administrative courts.
- In recent judgments of the Provincial Administrative Court in Warsaw, it was assumed that the refusal to observe the proceedings was taken without a legal basis, was arbitrary and disproportionate to the circumstances; the court also repealed the provision allowing the Marshal Guards to ban access to the Sejm buildings.
- In view of the judgments described above, the principles of access to the Sejm are currently incorrectly regulated, and the Sejm should amend them immediately.
Author:
Patryk Wachowiec, legal analyst
patryk.wachowiec@for.org.pl
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