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CONSULTANCY IN LEGISLATION. Dr Michał Królikowski Head of Office for Research in Sejm. Consultancy in preparatory works. Character of drafts and proceedings (movers, calendar of Sejm proceedings, time for proposing amendments in committees)
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CONSULTANCYIN LEGISLATION Dr Michał Królikowski Head of Office for Research in Sejm
Consultancy in preparatory works • Character of drafts and proceedings (movers, calendar of Sejm proceedings, time for proposing amendments in committees) • Position of experts (impartiality v. partiality, activity v. responsive action) • My focus on analysts in Sejm
Character of drafts and limits on consultancy • Verification of governmental proposals (substantial inquires from political oposition) • Providing elements of economic analysis of the law and consultation in relation to drafts moved by MPs
Time indicators • Character of drafts (public administration, security, governmental system, finances) • Relation to political argumentation in public • Lack of many formal procedures in deliberating the amendments (e.g. public consultaion)
Time indicators and limits on consultancy • Conventional time for preparation the analysis up to 14 days • In urgent cases – 3 to 24 hours • Examples from inquires: • Elections statute and its relation to the Constitution (12 hours) • Lustration statute and its relation to the Constitution (3 hours)
Impartiality • Providing accurate information in accessible form • Securing constitutional role of the Sejm and safety of MPs in the balance of powers
Impartiality and Limits of Consultancy • Acting on inquires • Strict relation to the aim of draft indicated in the formal justification (especially in economic analysis of the law and assesment of legal quality) • Possible activity in publication with danger of political association of every information • Practice of instrumentalization
Experts at public forum • involvement • awareness of current issues • knowledge / expertise sharing • participation in public debate • status • political neutrality • impartiality • independence • role awareness • expert – adviser • politician – decision-maker