Legal opinion on providing opinions on the compliance of legislation adopted by the French parliament with European Union Law

Regulation of this matter is based on the specific division of lawmaking powers – in the Fifth Republic, which makes the government superior to the parliament. Although the change in the Constitution in 2008 greatly depleted the government’s prerogatives in the legislative procedure, it also imposed new obligations on the government to draft laws of better quality. The government is still the main actor in the legislative process. It is also responsible for ensuring progress in the implementation of EU legislation in France and for conformity of French national legislation with EU law

Legal opinion on a Deputies’ bill to amend the Act on the Professions of Doctor and Dentist

This opinion deals with a bill concerning conscientious objection clause in relation to doctors, contained in Article 39 of the Act on the Professions of Doctor and Dentist. The opinion emphasizes that the said provision (clause) in the current form is a manifestation of Poland’s constitutionally guaranteed freedom of conscience and religion. However, in so far as it on the same time imposes – on doctors guided in their professional practice by conscience – a duty to indicate the possible ways of obtaining diagnosis or treatment from another doctor, imposes limitations on their constitutional freedom of conscience and religion (Article 53 of the Constitution). An amendment of Article 39 of the Act, proposed in the bill, aims at strengthening the guarantee of that freedom. The responsibility for ensuring that patients have access to information about the institutions from which they can obtain medical assistance rests with the State

Legal opinion on the possibility of participation in local referenda by people without permanent registered residence under Article 3 of the Act on Local Referendum

Based on the analysis of possibility to participate in a local referendum by persons without permanent registered residence, the author points out that, under the current legal framework, the lack of permanent registered residence within the area of a local government in which the local referendum is to be held, is not the reason for depriving them of the right to participate in that referendum. In the opinion, a view is presented that this right belongs to each voter included in a permanent register of voters held by the municipality in which a local referendum is to be held. This register may also contain those persons without permanent registered residence who permanently reside within the area of the municipality. The author claims that, according the Act – Electoral Code, a voter shall be included in the register upon his/her request, by means of a decision of the head of municipality who is obliged to check whether the applicant meets the requirement of permanent residence within the area of the municipality

Legal opinion on the interpretation of Article 70 (2) of the Standing Orders of the Sejm

The opinion deals with the interpretation of the provision which states that the Marshal (Speaker) of the Sejm may request the committee to express its attitude to the conclusions and remarks made by the legal services of the Chancellery of the Sejm, which have not been taken into consideration, and whether – in this context – it is possible to change the report adopted by the committee. The author argues that the provisions of the Standing Orders of the Sejm provide no grounds for claim that expressing by the committee of its attitude to the conclusions and remarks could take place by way of modification of the report already adopted by the committee. In this situation, it seems that it could only be admissible that the Deputy Rapporteur takes position at the sitting of the Sejm considering the bill or draft resolution in the second reading

Legal opinion on the deprivation of political parties of their right to receive subsidies from the state budget pursuant to Article 38d of the Act of 27 June 1997 on Political Parties (BAS-WAUiP-140/15)

The opinion emphasizes that the sanction of deprivation of the right to receive subsidies by political parties constitute an ailment resulting from the violation of legal standards concerning financial reporting of a political party for a calendar year. The Act on Political Parties provides for the possibility of different interpretations of Article 38d governing the reception of subsidies from the state budget by political parties. However, the author claims that a three-year period after which a political party loses the right to receive subsidies, runs irrespective of the termination or shortening of the term of the Sejm

Legal opinion on the interpretation of Article 152. para 2 of the Standing Orders of the Sejm in the light of the doubts expressed by the Chairman of the Environmental Protection, Natural Resources and Forestry Committee

As determined by analysis, a committee sitting convened under Article 152. para. 2 at the request of a defined group of Deputies should concern matters falling within the scope of activities of a Sejm committee. In contrast, a supervisory measure established in Article 167 consists in inspecting and examining by committees of the activities of the entities specifically mentioned in that provision (enterprises, firms or government institutions; basic criterion for the designation of controlled entities is a form of property – the property of the Treasury). Moreover, there are no legal obstacles for the committee (or the committee’s presidium) convened in accordance with Article 152 para. 2 to decide on the visit of the committee members, to inspect the entity meeting the requirements specified in Article 167. The author stresses, however, that such a visit, or examination of activities, should take into account the aim expressed in Article 167, which is the assessment of the mode of action of specific entities managing the property belonging to the State Treasury

Legal opinion on the interpretation of Article 163a Paragraph 2 of the Standing Orders of the Sejm of the Republic of Poland

In the light of Article 163a Paragraph 2 of the Standing Orders of the Sejm of the Republic of Poland the motion to adjourn the examination of the matter by a parliamentary committee is a procedural proposal, since it concerns the conduct of the committee that is hearing the case and does not lead to a decision on the merits. Although the rules of the Parliament don’t define the issue of “postponing” of the work of parliamentary committees, the deadline for the return to the matter should be clarified in some way. In this case the request for deferral of consideration by the committee, pending the outcome of the court. Although it does not indicate a specific date, it specifies a time of return

Legal opinion on the jurisdiction of the National Labour Inspectorate to examine the grounds for the claim of unequal treatment as referred to in the Act of 3 December 2010 on the Implementation of Certain Provisions of the European Union in relation to Equal Treatment

The case in question does not concern the proper implementation of EU law but, above all, ensuring institutional protection against discrimination to those who perform work under a non‑employment contract. She argues that under the current state of the law National Labour Inspectorate does not have jurisdiction to examine the grounds for the claim of unequal treatment

Legal opinion on the disciplinary responsibility of a D eputy who is also an advocate

The author claims that the Deputy who is also an advocate may be subject to professional disciplinary responsibility for actions that are not inherent in the exercise of the mandate, including public appearances on radio and TV, press releases and websites. They state that the Principles of Ethical Conduct and the Dignity of the Profession of the Bar do not limit freedom of expression parliamentarian and does not impose a restriction of powers and the duty of parliament to come into contact with electorate