Amendments to the Standing Orders of the Sejm and the Senate related to the state of epidemic and states of emergency in 2020–2022

Abstract

This article analyzes the changes introduced to the Standing Orders of the Sejm and Senate of the Republic of Poland between 2020 and 2022, which constituted a response to unprecedented threats to national security—the outbreak of the COVID-19 pandemic and the introduction of a state of emergency on the Polish-Belarusian border. Using a dogmatic legal approach, the study examines the extent to which the new regulations ensured the continuity of the legislative branch’s work. The first part of the study discusses the evolution of regulations enabling parliamentary sessions and votes via electronic means of communication. The procedure for introducing remote meetings in the Sejm, including the role of the Marshal of the Sejm and the Council of Seniors, is analysed in detail, as are the technical aspects of identifying members and system security. Differences are highlighted in the approach taken by the Senate, which adopted similar solutions with some delay. The practice of using the hybrid model, which resulted in longer procedural times, technical issues, and limited parliamentary debate is also discussed. The second part of the article focuses on the amendment to the Sejm’s Standing Orders, passed in the fall of 2021, related to the procedure for considering presidential decrees declaring and extending a state of emergency. The amendment clarified the procedure for debating states of emergency, prohibiting the use of procedural filibustering and clearly defining the majority vote requirements for repealing presidential decrees or granting consent to extend states of emergency. The discussion leads to the conclusion that the changes should be assessed positively, despite certain shortcomings. They not only enabled the parliament to function in crisis conditions but also permanently supplemented the system of Polish parliamentary law with procedures essential for efficiently responding to threats to national security.