Opinia prawna w sprawie wykładni art. 175 regulaminu Sejmu – według pytań szczegółowych

The opinion concerns the decision of the Marshal of the Sejm to expel a Deputy from a sitting, taken pursuant to Article. 175 para. 5 of the Standing Orders of the Sejm. In the author’s view, such decision is not final, as the Presidium of the Sejm may quash it, having considered an appeal submitted by the Deputy and – on the other hand – is immediately applicable, because the expelled Deputy is obliged to leave the Chamber and abstain from participating in further deliberations until his/her appeal is considered (or until the end of the session of the Sejm, if the Deputy has not submitted an appeal). Therefore, the expelled member does not have the right to participate in voting. Preventing the Deputy expelled from the sitting from “entering the Chamber with the purpose of voting” is necessary in order to respect Article 176 para. 6 of the Standing Orders of the Sejm.