Legal Eye: Fundamental changes

Who can introduce amendments?

Amendments may be proposed by the President, at least 20 percent of the Sejm Deputies or the Senate. Citizens are not entitled to introduce a bill to amend the Constitution.

What is the procedure?

In order to become law, a Constitutional amendment must first be approved by a two-thirds majority vote of the Sejm, with at least half of the Deputies participating in the vote, following which the Senate must approve the amendment by an absolute majority, again with at least half of the Senators participating in the vote. The speaker of the Sejm will then submit the proposed amendment to the President to sign into law. The President has 21 days to do so.

Citizen input?

The Sejm, President or Senate may call a national referendum within a 45-day period following approval of the proposed amendment by the Senate.

My proposed amendment

None of the Presidential candidates suggested amending Article 105, which provides members of the Sejm and Senate with a certain level of immunity from prosecution. Under the current system a Deputy or Senator may not be prosecuted as of the moment he has won election (not when he assumes office) without the consent of the Sejm. Moreover, criminal proceedings initiated against a Deputy or Senator for an act committed prior to assuming office must be suspended for as long as the person continues to serve in the Sejm or Senate. Who was it that once said: "Justice delayed is justice denied"? Now, don't get me wrong - the Constitution does provide for the arrest of a Deputy or Senator caught in the act of committing a crime; however, the speaker of the Sejm has the Constitutional power to demand the immediate release of the Deputy or Senator. Perhaps more weight should be given to Article 32 of the Constitution: "All persons shall be equal before the law."

Paul Fogo is a senior attorney with Miller, Canfield, W. Babicki & Partners