Zakres immunitetu parlamentarnego w sprawach cywilnych. Glosa do postanowienia Sądu Najwyższego z 19.06.2018 r., I CSK 506/17
AbstractThe subject of the commentary is the decision of the Supreme Court, which held that, if a statement of a deputy in the Sejm deviates from the subject matter of the debate, this is not a form of exercising his mandate as an MP and, consequently, the deputy may be brought to justice for civil liability before the court without the consent of the Sejm. The author argues with this position by pointing out that the use of arguments regarding political opponents is a natural component of the political debate and should therefore be considered a form of an MP’s typical activity. Therefore, the ability to bring an MP to justice before the court for possible abuse in this respect should depend on the Sejm’s consent. According to the author, this interpretation is supported not only by the provisions of the Polish Constitution and the act on exercising the mandate of a deputy or senator, but also by judgments of the European Court of Human Rights.
|Other language title versions||Scope of parliamentary immunity in civil matters. Commentary on the Supreme Court’s decision of 19 June 2018, I CSK 506/17|
|Journal series||Przegląd Sądowy, [Courts' Review], ISSN 0867-7255, e-ISSN , (N/A 20 pkt)|
|Publication size in sheets||5.45|
|Keywords in Polish||immunitet, odpowiedzialność cywilna, sprawowanie mandatu poselskiego, Sejm, posłowie|
|Keywords in English||immunity, civil liability, exercising the mandate of a deputy, Sejm, deputies|
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