Author: The Editors
Year of publication: 2021
Source: Show
Pages: 5-16
DOI Address: -
PDF: ppk/63/ppk63toc.pdf

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Author: Wojciech Sokół
Institution: Uniwersytet Marii Curie Skłodowskiej w Lublinie
ORCID: https://orcid.org/0000-0002-3905-0852
Year of publication: 2021
Source: Show
Pages: 19-29
DOI Address: https://doi.org/10.15804/ppk.2021.05.01
PDF: ppk/63/ppk6301.pdf

Streszczenie:

Changing the electoral systems as a research problem

The aim of the article is to review the main research issues related to the analysis of changes in electoral systems. Since the nineties of the twentieth century, the issue has become a popular research. Based on the literature review, attention was drawn to research on entities involved in changes to electoral systems, the motivations underlying these decisions, awareness of the political consequences of participants into the effects of changes in electoral systems, factors shaping electoral reform processes.

electoral changes zmiany wyborcze reformy wyborcze electoral reform system wyborczy partie polityczne political parties electoral system

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Author: Andrzej Sokala
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
ORCID: https://orcid.org/0000-0002-8439-868X
Author: Anna Frydrych-Depka
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
ORCID: https://orcid.org/0000-0002-3765-4046
Year of publication: 2021
Source: Show
Pages: 31-42
DOI Address: https://doi.org/10.15804/ppk.2021.05.02
PDF: ppk/63/ppk6302.pdf

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Changes in the system of the Polish election administration in 2018–2020

Recently there have been made many amendments to Electoral Code. They concerned mostly electoral administration and further are being announced. The article is an attempt to summarize made and proposed changes from the perspective of basic principles concerning electoral management in democracy, in particular impartiality and efficiency of electoral management bodies. Analyse shows mainly the lack of complex vision for electoral administration, which is highly inadvisable.

electoral management impartiality efficiency electoral code electoral management bodies administracja wyborcza bezstronność efektywność kodeks wyborczy organy wyborcze

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Author: Jarosław Flis
Institution: Uniwersytet Jagielloński
ORCID: https://orcid.org/0000-0002-2492-3729
Author: Katarzyna Lorenc
Institution: Uniwersytet Jagielloński
ORCID: https://orcid.org/0000-0002-7505-4842
Year of publication: 2021
Source: Show
Pages: 45-65
DOI Address: https://doi.org/10.15804/ppk.2021.05.03
PDF: ppk/63/ppk6303.pdf

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Bilocation beneficiaries. Conditions and consequences of dual candidacy to different local government units

Dual candidacy to the local executive (the commune head, the mayor, the city president) and higher levels of local legislative (county councils, provincial assemblies) – which we call „bilocation” – was prohibited by the amendments to the Electoral Code adopted in 2018. The scale of this phenomenon nor its consequences have never been subject to systematic analysis before, although it appeared as early as 2002, along with direct elections of mayors. Our paper shows who – and with what success – used this possibility in the previous elections, in particular in 2014. Bilocations turned out to be common, though not dominant practice. Their political ramifications were significant, yet the pattern they form – complex and far from intuitive. Our analysis shows that excluding such a possibility did not remedy existing pathologies but could have contributed to the negative phenomena visible in the 2018 elections.

bierne prawo wyborcze równoległe starty kontaminacja wybory samorządowe passive voting rights dual candidacy contamination local elections

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Author: Aldona Domańska
Institution: Uniwersytet Łódzki
ORCID: https://orcid.org/0000-0002-9343-6932
Author: Magdalena Wrzalik
Institution: Uniwersytet Humanistyczno-Przyrodniczy im. Jana Długosza w Częstochowie
ORCID: https://orcid.org/0000-0003-4179-9659
Year of publication: 2021
Source: Show
Pages: 67-77
DOI Address: https://doi.org/10.15804/ppk.2021.05.04
PDF: ppk/63/ppk6304.pdf

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The introduction of the corps of election officials – support or complication of the election procedure?

The subject of the analysis is a new body of the election administration – the corps of election officials. This institution was introduced by the Act of January 11, 2018, amending certain acts in order to increase the participation of citizens in the process of selecting, functioning and controlling certain public bodies, by amending the Act of January 5, 2011 – Electoral Code. The experience from the elections conducted in Poland since 2018 allows for a preliminary assessment of the introduced code regulation concerning the new apparatus of the election administration – the corps of election officials. The analysis will contribute to the formulation of proposals for recommendations aimed at eliminating or minimizing the problems and irregularities noticed so far in the operation of this apparatus.

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Author: Krzysztof Prokop
Institution: Uniwersytet Przyrodniczo-Humanistyczny w Siedlcach
ORCID: https://orcid.org/0000-0002-3447-4592
Year of publication: 2021
Source: Show
Pages: 79-87
DOI Address: https://doi.org/10.15804/ppk.2021.05.05
PDF: ppk/63/ppk6305.pdf

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Mediation committee in the parliament

The subject of the article is the possibility of establishing a mediation committee in the Polish parliament. It is a special type of parliamentary committee responsible for resolving disputes between parliamentary chambers. The need to establish such committee results from the fact that the Senate exercises a number of constitutional powers independently of the Sejm. They include, among others, approval of the election of the Commissioner for Citizens’ Rights made by the Sejm. This issue became the subject of a long dispute in the Polish parliament. Solutions to this type of problem could be served by a mediation committee composed of representatives of both chambers, which main task would be to work out a compromise solution in the dispute between the Sejm and the Senate. The mediation committee could also facilitate the legislative procedure in the parliament, although in this case the final vote almost always belongs to the Sejm, which may reject amendments or the Senate’s objection to the bill.

mediation committee the Senate komisja mediacyjna legislative proceedings the Sejm, senat postępowanie ustawodawcze Sejm

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Author: Marcin Czyżniewski
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
ORCID: https://orcid.org/0000-0002-3227-0035
Year of publication: 2021
Source: Show
Pages: 89-100
DOI Address: https://doi.org/10.15804/ppk.2021.05.06
PDF: ppk/63/ppk6306.pdf

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The position of the president of the Czech Republic after the introduction of direct presidential elections

In 2011, direct presidential elections were introduced in the Czech Republic. The Author examines how this changed the position of the President of the Republic. The prevailing opinion among constitutionalists is that direct elections are an element of creating a strong position of the president in a democratic system, and the president elected in this way should have broad powers and play an important role in the political system of the country. Analyzing the provisions of the constitution and the political activity of the presidents of the Czech Republic, the Author concludes that, contrary to this thesis, the Czech legislator decided to balance the strong legitimacy of direct elections with a limited catalog of competences. This happened because the change in the way the president was elected was a political project, and not the result of a substantive debate on the constitutional order.

system półprezydencki kompetencje prezydenta System polityczny Republiki Czeskiej wybory prezydenckie The political system of the Czech Republic presidential powers semi-presidential system Presidential Elections

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Author: Robert Radek
Institution: Uniwersytet Śląski w Katowicach
ORCID: https://orcid.org/0000-0003-1674-6600
Year of publication: 2021
Source: Show
Pages: 101-113
DOI Address: https://doi.org/10.15804/ppk.2021.05.07
PDF: ppk/63/ppk6307.pdf

Streszczenie:

The government legislative process as proof of the fictitious division of powers in Poland

The article is devoted to the analysis of the government’s legislative process in the context of Poland’s political regime conditions. The purpose of this article is to draw attention to the specifics of the government’s legislative process and explain its significant drawbacks. The author tries to show that the transparency of the legislation has been disturbed and that, in this context, there is a deformation of the separation of powers. Government and parliamentary centres interpenetrate each other, and the observed functional unity of the executive and legislative authorities, which proves a secure management method, causes the prevailing legislative discourse to be illusory essentially. It does not strengthen the quality of the law being created in Poland. Unfortunately, the observation of negative phenomena after the 2015 elections confirms these trends.

government legislative process Constitution separation of powers rząd proces legislacyjny konstytucja podział władzy

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Author: Piotr Steczkowski
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0002-5082-7757
Author: Damian Wicherek
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0002-1710-0820
Year of publication: 2021
Source: Show
Pages: 115-122
DOI Address: https://doi.org/10.15804/ppk.2021.05.08
PDF: ppk/63/ppk6308.pdf

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Shortening the term of the Polish Sejm in 2007

The purpose of this paper was to analyze the regulations contained in the Constitution of the Republic of Poland of 2 April 1997 (The Constitution of the Republic of Poland) concerning the shortening of the term of parliament. The paper discusses the political reasons for which such a decision was made during the 5th term of the Polish Sejm (2005–2007) and the effects it had on the Polish political scene in later years.

Constitution president government political parties konstytucja prezydent rząd parlament, partie polityczne

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Author: Krzysztof Grajewski
Institution: Uniwersytet Gdański
ORCID: https://orcid.org/0000-0002-8691-5150
Author: Aleksandra Szydzik
Institution: Uniwersytet Gdański
ORCID: https://orcid.org/0000-0003-3744-859X
Year of publication: 2021
Source: Show
Pages: 123-136
DOI Address: https://doi.org/10.15804/ppk.2021.05.09
PDF: ppk/63/ppk6309.pdf

Streszczenie:

Parliamentary inviolability and COVID-19

The article is devoted to the relationship between the institution of parliamentary inviolability and certain measures used to prevent or combat infectious diseases, including COVID- 19. Article 105 sec. 5 of the Constitution of the Republic of Poland prohibits deprivation or restriction of freedom of a member of parliament without the consent of the competent chamber, except his apprehension in the act of committing a crime and if a detention is necessary to ensure the proper course of the proceedings. At the same time, anti-epidemic regulations relating, inter alia, to COVID-19, provides for the possibility to apply measures such as quarantine, home isolation or forced hospitalization that appear to conflict with constitutional regulation of parliamentary inviolability. Furthermore, the law foresees a possibility to apply direct coercion to people resisting the application of such measures. The authors, relying on the concept of assessing the value of legally protected goods, developed by Constitutional Tribunal, conclude that, despite the lack of an explicit constitutional regulation in this regard, it is possible to apply anti-epidemic regulations to members of the Polish parliament. In this case, values such as human life and health prevail over the legal good protected by the institution of parliamentary inviolability.

parliamentary inviolability COVID-19 member of parliament nietykalność parlamentarna poseł senator

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