Niepołączalność (i niewybieralność) funkcji sędziego i prokuratora z mandatem parlamentarnym w Polsce

Abstract

The principle of incompatibility, as expressed in Article 103 of the Basic Law, constitutes one of the key guarantees for the exercise of the parliamentary mandate. By indicating the functions that cannot be exercised in tandem with the mandate of a deputy or senator, the legislator aims to achieve, inter alia, such objectives as: fulfilment of the principle of separation of powers, counteracting conflicts of interest and corruption phenomena, ensuring transparency of decisions taken and ensuring impartiality and independence in the exercise of office. Judges and prosecutors, which also includes retired judges and prosecutors, may not hold parliamentary office. Consequently, electing them as MPs or senators requires them to relinquish their office as judges or prosecutors, and the consequence of not relinquishing their office is the termination of their mandate.