Zakaz łączenia mandatu posła lub senatora z funkcją zastępcy wójta (burmistrza, prezydenta miasta)

The article aims to demonstrate the incompatibility between the provisions that prohibit combining the office of deputy head of the commune (wójt) or deputy of town mayor or deputy of city president with that of Member of Parliament (Sejm Deputy) or Senator. Under the current legislation, during the period they exercise their mandate, Sejm deputies and senators – including those who previously held the function of deputy head of the commune – are not allowed to work based on an employment relationship. Consequently, a person serving as a deputy head of the commune or deputy of town mayor or deputy of city president is by law granted unpaid leave for the duration of his or her mandate and for three months after its expiry. The unanswered question is whether a deputy commune head elected as a Sejm deputy (MP) or senator must be removed from office while remaining in an employment relationship as a deputy commune head. It also remains unclear whether it is legally permissible to appoint another deputy commune head to replace one elected as a Sejm deputy (MP) or senator during their parliamentary term. The uncertainties highlighted in the article indicate that de lege ferenda regulation combining the mandates of a Sejm deputy or senator with that of a deputy head of the commune (wójt), town mayor (burmistrz) or city president (prezydent miasta) requires legislative intervention.