https://zpbas.sejm.gov.pl/Journal.nsf/pubBAS.xsp?documentId=818A4D6774F26E01C1258C520048E86E&lang=PL

The Constitution of the Republic of Poland and the Act on the Exercise of the Mandate of a Deputy or Senator do not formulate a general prohibition of combining a mandate with the exercise of functions in self-governing economic organs, commercial companies, cooperatives or non-governmental organisations. Therefore, as a rule, a Deputy may exercise functions in the organs of a legal person. However, the provisions of the Act formulate prohibitions addressed to Deputies concerning their participation in business activities. In the analysed case of the possibility of holding the position of president of the board of an audit association, such a collision may occur, as the Deputy’s participation in the work of the Sejm regarding regulations concerning the rules for the conduct of business activity, which would be addressed to the members of the audit association, may be questionable.

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Publication Details

Journal
Zeszyty Prawnicze Biura Analiz Sejmowych
Published
2025-03-19
DOI
https://doi.org/10.31268/zpbas.2024.47
Primary Topic
Polish Law and Legal System
Type
article
Field-Weighted Citation Impact
0.00
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article

https://zpbas.sejm.gov.pl/Journal.nsf/pubBAS.xsp?documentId=818A4D6774F26E01C1258C520048E86E&lang=PL

Adam Karczmarek
Zeszyty Prawnicze Biura Analiz Sejmowych
Polish Law and Legal System
article

https://zpbas.sejm.gov.pl/Journal.nsf/pubBAS.xsp?documentId=818A4D6774F26E01C1258C520048E86E&lang=PL

Adam Karczmarek
article en

Abstract

The Constitution of the Republic of Poland and the Act on the Exercise of the Mandate of a Deputy or Senator do not formulate a general prohibition of combining a mandate with the exercise of functions in self-governing economic organs, commercial companies, cooperatives or non-governmental organisations. Therefore, as a rule, a Deputy may exercise functions in the organs of a legal person. However, the provisions of the Act formulate prohibitions addressed to Deputies concerning their participation in business activities. In the analysed case of the possibility of holding the position of president of the board of an audit association, such a collision may occur, as the Deputy’s participation in the work of the Sejm regarding regulations concerning the rules for the conduct of business activity, which would be addressed to the members of the audit association, may be questionable.

Zeszyty Prawnicze Biura Analiz SejmowychVol. 82(2)
Openalex Percentile: Top 94%
Polish Law and Legal System
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