Homework Market – So formally the budget law would not be?

If you do not quickly come to resolve the dispute, it may move to the Senate, who this week is to take care budget. – Our senators will defend the law in Poland. You can not vote on laws adopted club PiS. The president has no right to sign the law adopted at the sitting of the Sejm illegal. If you sign the budget assumes the same responsibility as Kuchciński – says Neumann. Law and Justice also concerned that the Sejm for a moment dispute moves to the Senate. Is the Parliament column was legal? List of doubts about the Friday sitting of the Sejm is long. It is all about the legality of the meeting in the Column Hall and the manner of its execution. According to Dr. Thomas Zalasińskiego of DZP marshal should convene a meeting in a place outside the plenary hall of the meeting, which does not pose a guarantee of its legitimacy and implementation of the rights of parliamentarians. Only that, as noted by Slawomir Patyra with UMTS – or the rules of the Sejm, or other legal act does not specify this, where the meeting is to take place. Until now, there was no doubt that they have a place in the plenary chamber. You can try to reconstruct this standard on the basis of Article. 7 Diet Rules, which provides that the members occupy permanent space on the designated meeting room. This provision clearly suggests that the parliamentary hearing should be held in the plenary hall, because there only Members have designated areas. Justice recalls, however, that the longer one parliamentary session held at the Hall of Columns, in 2010. Voting and quorum Another question raised is the method of voting in the Hall of Columns. Article 188 of the Rules of Parliament says that the voting is open and takes place by show of hands while using the device to count the votes. Says another point, it is anticipated the use of voting cards marked with the name and the names of Members (roll call vote). But the Rules also provides that “in case of impossibility of voting with the vote-counting machine, Marshal of the Sejm may order a vote by show of hands and calculation of votes by the secretaries.” From this point of view, the vote can not be denied. Members present for the Hall of Columns were divided into sectors, counting of votes was done by secretaries. One of them was PiS Luke Schreiber. – 230 PiS deputies that day was in parliament and voted. If someone came out, he would have to do with the demonstration. It would be seen. In addition, six members was outside the Law and Justice. There are photos. The recording of registration. Anyone can count – says deputy PiS.zobacz also: How to vote Friday can affect the economy? »Application for non-submission of formal applications. Preventing voice opposition to what may be disputed, it is about the relationships that MPs could not take part in the vote or submit formal applications. Law and Justice pledged to transition into the Hall of Columns chairs, that Members of the clubs opposition did not report formal requests and not delayed. Although in theory they could raise his hands, they were not allowed to speak. – If media reports indicating the restriction of the rights of the opposition MPs to attend the meeting are confirmed, it should be said that the bill passed Friday night are inconsistent with the Constitution of the Republic of Poland – Dr Tomasz Zalasiński. Vote on amendments blocks is another contentious issue. The Sejm voices of the opposition Law and Justice rejected the amendment block – that is, one vote. Such a method is not new. Occasionally it happened the Parliament reject the modifications in this way already in previous terms. But then reporting intentions were clear – it was about obstruction, as in 2012. When the Palikot Movement has reported as many as six thousand, most of which concerned a small part of the law of finance of the Church Fund. This time, however, block a vote amendments concerned not only the opposition (the rejected), but also fixes the ruling Law and Justice (the accepted). The whole was carried out at the request of MEP Jacek Sasin PiS. As a result, the budget managed to take just three votes. – It is a violation of the regulations, which clearly specifies that the proposed amendments must be voted on individually – says Dr. Richard Balicki, a lawyer from the University of Wroclaw. – My conclusion has been consulted by the Bureau of Parliamentary Analysis by the Rules and parliamentary affairs, the Presidium of the Sejm and found compliant with the rules. This indeed is not a precedent – defends his application Mr Sasin. Preventing Media Column Hall of the Sejm regulations no longer, but the Constitution in Article. 61 gives citizens the right to obtain information, including access to documents and entry to sittings of collective organs of public authority formed by universal elections. With the possibility of recording audio or video. The question of whether it can be considered that the right was met by a transmission from the Column Hall of the Sejm without the authorization of the media. Blocking the rostrum and the exclusion of Mr Nick immediate reason for the escalation of the conflict proved to be excluded from the meeting deputy Michael Szczerba. Deputy volunteered to speak during the vote and the budget amendment on financing the Sinfonia Varsovia Orchestra. First, he hung on the rostrum card with the inscription “#wolneMediawSejmie” which took off after a while. Then he turned to Mark Kuchciński “Lord Marshal loved. Music soothes the savage”. More she could not tell the marshal took his voice and excluded. Nick probably took the word as a taunt. – Marshal, immediately ruling him out of the meeting, no doubt violated the rules. At most should summon him again on the agenda – says dr. Slawomir Patyra, prof. UMCS.zobacz also #Bunt. Deadly for power »Marshal task is to alleviate conflicts, which inevitably occur in the parliament. As noted by prof. Patyra, Marshal Kuchciński could achieve this. Terms gave him the opportunity to rectify the situation. Because Member may appeal against the decision to exclude the Presidium of the Sejm. The deputy appealed, but the votes of the representatives of the Bureau of Justice upheld the exclusion. Signing the letter after the close of the meeting on the transmission of the Hall of Columns heard how Mr Marek Suski just before the meeting ends Kuchciński marshal, reminds Members of the obligation to sign the list. And in fact, as evidenced by the record of opposition politicians, some of PiS deputies signed the attendance list at the meeting after its closure. Which is inconsistent with the rules of the Sejm. As explained by Professor. Patyra, in this case we are dealing with suspicion of committing a crime under Art. K. K. 270, or falsification of documents by the presence or rework the list of certifying false. Those who have sufficient evidence for it, so they can give notice to the prosecution. What with the budget, if it has been wrongly passed? Formally, the Parliament adopted the budget in the night from Friday to Saturday. Miroslaw Gronicki, a former finance minister, believes that there should be no major perturbations in the current management of state finances. Even if the mode of undermining its approval – since the Constitution specifies that the government can work on the basis of the budget bill if the bill is not passed before the beginning of the financial year. This fuse entered in the budgetary procedure. In the event that a way of undermining adoption of the bill, so you can assume that the government will be guided by the project. But it’s more than clear from the practice of law. Because the situation in which the budget formally becomes invalid during the year, the constitution does not provide. There is also another important question: what about the president’s power to shorten the term of the Parliament if the Parliament does not adopt the budget within 4 months from the submission of the draft. Was this principle works homeworkmarket.me/ if the court judgment on the basis of a vote would be considered invalid. So formally the budget law would not be? And if so, it could be argued that it failed to meet four months from the constitution. Parliament does not have to hurry, because to break the constitutional deadlines far. – The sum of the concern leads to the conclusion that there has been the adoption of the budget law in violation of the law – said Dr. Richard Balicki from the University of Wroclaw. If these doubts are confirmed, it might be an argument for the president to send the bill to the Constitutional Court. And his decision will be known, will get the expertise. The president ordered a legal expert on the course of the disputed part of obradCzy opposition MPs have the right to block the rostrum? Here sentence constitutionalists are divided. Dr. Thomas Zalasiński of DZP believes that under normal circumstances should not have this place. Similarly said Dr. Richard Balicki from the University of Wroclaw. Both, however, emphasize that Friday night we had to deal with an exceptional situation. Members of the opposition because hindered implementation of their rights, one of them (Mr Suski) were excluded from the meeting of the Sejm, although this did not break the Rules. And in such situations, according to Dr Zalasińskiego and Dr. Balicki we must reckon with the presence of obstructive phenomena. The first states even further-reaching that this form of protest, serving the protection of basic constitutional values, is fully justified. In turn, Professor. Slawomir Patyra of UMTS stresses that the bylaws of the Sejm shows that such behavior can be either tolerated or shoot the guns at, that is, to remove members using the Guard Marszalkowska. However, as notes, then probably there would be in parliament to fight what we see in the parliaments of the countries of Southeast Asia and our eastern neighbors. Is the reaction of the Speaker of Parliament on the behavior of members of the opposition was the right one? Lawyers have no doubt that the marshal on Friday night made many mistakes. And thus nadszarpnął confidence in this office. Indeed, as noted by Dr. Marshal Zalasińki task is to alleviate conflicts, which inevitably occur in the parliament. Marshal is the duty of leading the search for ways to solve these problems. And, as noted by Professor. Patyra Marshal Kuchciński could achieve if he agreed to the condition of the opposition deputies, who demanded the withdrawal of the ordinance expel. In his opinion, the marshal was quite close to achieving a compromise with them, but the attitude changed after consultation with his party. Meanwhile, as noted by Professor. Patyra Speaker of Parliament should not follow the suggestions of others, especially if they flow from the rank and file members. This is because the steering body of the Chamber and should such contentious issues considered at the Forum Presidium of the Sejm or to convene a Convention seniors or alone to decide. Is Marshal had the right to move to the Sejm pillared hall? According to Dr. Thomas Zalasińskiego marshal should convene a sitting of the Sejm in a place outside the plenary hall of the meeting, which does not pose a guarantee of its legitimacy and implementation of the rights of parliamentarians. Only that, as noted by Slawomir Patyra neither the Rules of Parliament or other legal act does not specify this, it is to take place where parliamentary session. Until now, there was in fact no doubt that they have a place in the plenary chamber. You can try to reconstruct this standard on the basis of Article. 7 Diet Rules, which provides that the members occupy permanent space on the designated meeting room. This provision clearly suggests that the parliamentary hearing should be held in the Chamber, because only there are deputies designated areas. So, is the parliamentary session in the pillared hall was illegal? Even if we assume that the parliamentary session could be held in the pillared hall or another, it is a sine qua non is to provide actual opportunities to take part in it all Members. And in this case there was no such possibility. Therefore, you may be wondering whether or not there was a breach of the Act for Members and Senators. – said prof. Slawomir Patyra. Article. 4 is it that parliamentarians must create the conditions necessary for the effective implementation of the duties. In accordance with Article. 14 MP has the right, among others, express its position and submit proposals on matters considered at the meeting. – Meanwhile, some MPs could not even enter the room, and those who did, they were given a chance to report any proposals or amendments. And it is, according to Prof.. Patyra, decisive argument for recognizing this meeting as illegal, even more than the fact that it took place in the Column Hall. Similarly said Dr. Richard Balicki, which indicates that the meeting raises doubts among because we still do not know if there was a quorum (did not vote on the check, there was no roll-call vote, the conditions in which the deputies were in the Hall of Columns do not give the possibility to verify the participation of authorized persons only). Besides, in his opinion, the deliberations held in the Column Hall did not ensure implementation of the constitutional right to information. It is difficult to conclude that one of the video showing the view of the presidential table along with the sound of selectively administered and remained under the strict control of the Marshal of the Sejm may be considered as the actual implementation of this law. What in this situation can do members of the opposition? Professor Patyra believes that Members Forum Rules Committee and parliamentary affairs may initiate disciplinary proceedings against the Speaker of Parliament for negligence related to allowing MPs to participate in the work of the Chamber. However, as notes, sanctions are not severe – Marshal threatens at most admonition or reprimand. Dr. Zalasiński but believes that everything that happened on a Friday night in the Hall column, giving rise to the request for an repetition of a vote. In any case, when it is impossible to reliably determine the voting results, it can in fact bring about. The possibility of such a request provides the rules of the Sejm (Art. 189). However, as Dr Richard Balicki such a possibility will exist only if, and we believe that the meeting was not zamknięte.Czy allowed to sign the attendance list of deputies after the vote? Here constitutionalists agree – this behavior is inconsistent with the rules of the Sejm. This fact makes it clear that the presence of Members of the meeting is confirmed by the attendance list is taught until the end of the meeting. Says Prof. Patyra Friday night attendance list should be closed until the start of voting. In another way it was possible to determine a quorum. In the plenary hall is sufficient for this device, which allows you to launch confirmed the presence in the plenary hall.

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