- Year of publication: 2021
- Source: Show
- Pages: 5-16
- DOI Address: -
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.
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.
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.
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.
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.
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
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.
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.
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.
COVID-19 and the legislative process – meetings of the Sejm of the Republic of Poland of the 9th term
The article is an attempt to determine to what extent the topic of the COVID-19 pandemic dominated the deliberations of the Sejm of the Republic of Poland during the year from its occurrence. The beginning of the analysis was determined by the day on which the issue of the pandemic was first raised at the parliamentary session (i.e. March 2nd, 2020). According to the hypothesis, at least 50% of the issues raised during the parliamentary sessions will concern aspects related to the fight against the coronavirus. The analysis showed that the topic of the COVID-19 pandemic accounted for slightly more than 20% of all issues. The study was conducted using content analysis.
Termination of non-competition agreements during the COVID-19 pandemic – some remarks on the constitutionality of anti-crisis regulations
In 2020, the act commonly referred to as the „shield 4.0” introduced to the Polish legal system a provision which stipulates that during the period of the epidemic threat or epidemic state announced due to COVID-19, a party to a non-competition agreement, in favor of which it has been established, may terminate the agreement within seven days. This right is unilateral, granted only to the employer, who may use it regardless of whether the introduced state of epidemic has actually caused the deterioration of his economic situation or not. The aim of the article is not to assess the rationality or accuracy of the introduced solutions, but only to assess their constitutionality from the point of view of a number of constitutional principles, such as the principle of individual trust in the state, the principle of legal security, the principle of equality of parties to private-law relations, the principle of protection of acquired rights and protection of interests in progress, as well as constitutionally protected rights and freedoms, including freedom of contract or property rights.
The ban on assemblies in Poland during the epidemic and criminal liability
During the 16 months of the epidemic threat, and then the state of the epidemic, the executive authority introduced restrictive restrictions in the area of freedom of assembly, periodically forbidding them completely. Regardless of the bans introduced, during the indicated period, there were numerous protests and demonstrations triggered by the lockdown, government policy or the judgment of the Constitutional Tribunal of October 22, 2020. The author tries to answer the question whether the bans and restrictions introduced by the executive met the constitutional standard, and if not, whether the behavior of organizers or participants of assemblies constituting the implementation of their constitutional freedoms could fulfill the criteria of specific offenses or crimes. For this purpose, the author analyzes, inter alia, judgments of common courts, as well as the judgment of the Supreme Court of July 1, 2021.
Freedom of business and the COVID-19 pandemic. Remarks in the context of the prohibition to violate the essence of rights and freedoms laid down in Article 31(3) of the Constitution of the Republic of Poland
Due to the COVID-19 pandemic, the years 2020–21 have seen a significant number of restrictions of constitutional rights and freedoms, including those concerning the freedom of business. It is a matter of dispute if such severe limitations are in line with Article 31(3) of the Constitution of the Republic of Poland which prohibits, between others, to violate the essence of rights and freedoms. From the author’s perspective there is a strong argument that the COVID-19 legislation aimed to limit the freedom of business for epidemical reasons is in fact contrary to the principle laid down in Article 31(3) of the Constitution.
The constitutional principle of economic freedom and COVID-19 – interventionism in the pandemic situation
The purpose of the article is to analyse the concept of economic freedom as a constitutional right in Poland, in the context of the COVID-19 pandemic and to synthetically evaluate the intervention actions taken by government in the economic area – their nature and scope. Descriptive analysis and statistical data analysis of the economic impact of the pandemic were used. The research work points to the intensification of state interventionism while limiting economic freedom. This phenomenon, seemingly negative, should be assessed positively, because the actions taken by government actually limit the multidimensional consequences of the COVID-19 pandemic.
Poland’s membership in the European Union as a premise for possible changes to the Constitution of the Republic of Poland
The analysis addresses the problem of the extent to which the consequences of Poland’s membership in the European Union should be reflected in the Constitution of the Republic of Poland. The Polish Basic Law, in Art. 90, anticipated Poland’s membership in the EU. However, despite the attempts made, it was not possible – apart from the constitutionalization of the European Arrest Warrant – to introduce changes to the constitution resulting from EU membership. There are a number of regulatory gaps that deserve to be filled even if it is not possible to reach an agreement at the level of 2/3 of the support in the Sejm on the issue of a comprehensive „European clause”. The jurisprudence of the Constitutional Tribunal should not replace the constitution-maker. It is necessary for the constitution to fulfill its legal, political and educational function.
Hate speech in relation to racial, national and ethnic minorities as the limitation of freedom of expression. Notes on the example of selected judgments of the European Court of Human Rights
Hate speech in relation to racial, national and ethnic minorities is a common matter, appearing more and more frequently in public space and taking different forms depending on its brutality. There is a very thin line between hate speech and freedom of expression. Confronted with the wider freedom of speech and expression, hate speech requires taking some critical steps by both domestic and international authorities. The European Court of Human Rights, while examining the complaints concerning violations of the freedom of expression, verifies whether its limitations have certain grounds in the applicable law. The past jurisprudence of the Court clearly indicates when freedom of speech ends and hate speech begins, especially when offensive content is formulated in the mass media, e.g., on the Internet.
European Court of Human Rights freedom of expression limitations of freedomof expression hate speech Discrimination intolerance Europejski Trybunał Praw Człowieka wolność wypowiedzi ograniczenie wolności wypowiedzi mowa nienawiści dyskryminacja nietolerancja
Exegesis of the substantive scope of a constitutional complaint – main problems
One of the conditions characterizing the institution of a constitutional complaint is its material scope. The provisions of the Constitution that define a constitutional complaint in the Polish legal order provide grounds for divergent interpretations, in particular the understanding of the phrase „other normative act”. In the article, the author refers to the most important problems arising from the interpretation of the term in question, which have appeared in the jurisprudence of the Constitutional Tribunal.
Constitutional complaint and allegations of breaches of the legislative procedure
I am in favour of the possibility of questioning the course of the legislative process in a constitutional complaint. The objection/the allegation could only concern the procedure of adopting a normative act containing a provision constituting the legal basis of an act of applying the law. The act of applying the law must concern the constitutional rights or freedoms of the complainant. With the current procedural regulation, I believe that there is an obligation to examine this issue ex officio by the Constitutional Tribunal. Practice shows that the Tribunal does not examine the correctness of the legislative process in the proceedings initiated by the complaint, neither on the allegation of the applicant nor ex officio.
Constitutional Tribunal, Constitutional Complaint constitutional rights and freedoms legislative procedure Trybunał Konstytucyjny skarga konstytucyjna konstytucyjne prawa i wolności postępowanie legislacyjne
The essence of freedoms and rights in the selected jurisprudence of the Constitutional Tribunal concerning the right to property
The concept of the essence of freedom and rights shapes, together with the principle of proportionality, the extent of permissible interference in this sphere. The article addresses the problem of the possibility of prescription of a limited property right as a possible interference with this right as well as the relationship between Art. 31 sec. 3 and Art. 64. 3 of the Constitution in the context of possible differences in the level of protection they provide in the light of preserving the essence of the property right.
The essence and status of the constitutional principle of sustainable development (according to the judgments of the Constitutional Tribunal)
The term „sustainable development” is a”constitutional” term in Poland – in the sense that the Constitution uses, but does not define it. In the Polish legal language, it is a relatively new concept, formed in the early 1990s. By not introducing a definition of „sustainable development” into the Constitution of the Republic of Poland, the lawmakers of the constitutional system left it, in practice, relatively open to interpretation. The current study aims to analyze the decisions of the Constitutional Tribunal in Poland, especially concerning the scope of art. 5 of the Constitution, on the basis of which, among others, the principle of sustainable development was put forward.
Protection of the future generations in the context of the climate neutrality goals in the jurisprudence of the Federal Constitutional Court in Germany
In this paper the impact of the current legal provisions in Germany, dedicated to achieving the goal of climate neutrality till 2050, on the human rights and freedoms of next generations will be investigated. An assumption for this reaserch task is a judgement of the Federal Constitutional Tribunal from 24 March 2021, related to the obligaton for the public authorities to provide the inter-generational justice in the framework of environmental policy. The aim of this paper is also to examine if the climate neutrality can receive a status of new, constitutional value in the German legal order.
climate neutrality the Federal Constitutional Tribunal environmental protection inter-generational justice human rights neutralność klimatyczna Federalny Trybunał Konstytucyjny ochrona środowiska sprawiedliwość międzypokoleniowa prawa człowieka
Relations between the state and churches and religious associations in Poland
Freedom of conscience and religion is the foundation of the modern concept of a democratic state ruled of law. This concept is a source of limitations for this freedom. This freedom cannot be considered solely in the sphere of the psyche and in the sphere of privacy. The author presents and analyzes the regulation in question against the background of the principles determining the position of churches and religious associations in the state and their relations with the state.
freedom of conscience and religion guarantees of freedom of conscience and religion the Constitution of the Republic of Poland relations between the state and churches and religious associations wolność sumienia i religii gwarancje wolności sumienia i religii stosunki między państwem a kościołami i związki wyznaniowe Konstytucja Rzeczypospolitej Polskiej
Implementation of the equality principle with regard to access to goods of national culture
The purpose of this text is to prove that Art. 6 sec. 1 is a provision indicating a specific area in which the principle of equality expressed in art. 32 and 33 of the Polish Constitution. To prove this, it is explained how equality relates to the range of entities entitled to disseminate and make available to them national cultural goods. It has also been proved that the reference of equality to the dissemination and sharing of national cultural goods requires the application of a compensatory privilege resulting from factual, not only legal, premises. On the occasion of such extensive research, it was also shown that Art. 6 sec. 1 is also a concretization of Art. 5 in fine and that it contains a subjective right.
goods of culture good of culture being a source of identity of the polish nation its continuation and development” polish nation equal access to cultural goods dobra kultury dobra kultury będącej źródłem tożsamości narodu polskiego jego trwania i rozwoju naród polski równy dostęp do dóbr kultury
Language rights in the Russian Federation: commùne bònum or bonorum privata? Language v. Constitution
The article presents the approaches to protecting an individual’s linguistic rights that appear in the literature on the subject and then the method of its implementation in the Russian Federation’s legislation. The conducted research allowed us to identify two ways of qualifying an individual’s linguistic rights as human rights. The first is based on understanding them as one of the rights of national minorities, and the second as a category of personal rights. The approaches interpenetrate each other because the native language of an individual is, on the one hand, an expression of national identity and, on the other, a personal good through which he expresses himself. The analysis leads to the conclusion that the state not only does not guarantee language rights but even that they may be violated. The constitution-maker created the conditions for reconciling this category of rights against international obligations.
human rights language rights rights of minorities Russian Federation constitutional reform in Russia European convention prawa człowieka prawa językowe prawa mniejszości Federacja Rosyjska reforma konstytucyjna w Rosji konstytucja Rosji
Security as a public good in the light of constitutional law
The study is a voice in the discussion: security as a good. In the light of the constitutional principle of the common good, a redefinition of security was proposed as the sum of the conditions of social life enabling and facilitating the integral development of all members of the community. The common and public good are products produced by state structures and their members. In order to minimize the attitudes of „common – nobody’s” and free-riders, in order to create dependence, responsibility to care for good, the topic of the theory of group solidarity was raised.
Human dignity as a constitutionally protected value
The Article discusses the issue of granting human dignity the status of the highest value in the Polish Constitution. What is more, it explains the grounds of the regulation of art. 30 of the Constitution of the Republic of Poland. Additionally, it presents dignity as a foundation of the legal order. Therefore, de facto, every legal norm that functions in our legal system should comply with this regulation. The article calls attention to a danger of potential abuses pointing out some of the practices that can violate the human dignity in the future.
Violations of constitutional rights of the Hungarian minority in the Slovak Republic in the period 1994–1998
The Slovak Republic is a state in which a significant proportion of the population is of Hungarian nationality. The aim of the article is to analyse cases of violations of the constitutional rights and freedoms of the Hungarian minority between 1994 and 1998. Both the constitution of the Slovak Republic, adopted in 1992, and the acts of international law to which Slovakia is a party guarantee the rights and freedoms of national minorities and ethnic groups. Between 1994 and 1998, Slovakia was ruled by a coalition government headed by Prime Minister Vladimír Mečiar, whose policies led to Slovakia’s isolation in the international arena. During this period, the policy of the Slovak government aimed, on the one hand, at completely marginalising the opposition and, on the other, at restricting the rights of Slovak Hungarians. The study uses the case study method and institutional-legal analysis.
Slovak Republic Republic of Hungary Hungarian minority national minorities and ethnic groups Vladimír Mečiar Republika Słowacka Republika Węgierska mniejszość węgierska mniejszości narodowe i grupy etniczne
A few remarks on statutory marginalization of judicial self-government in the context of its essence (on the example of common courts)
The judicial self-government (general assemblies of court judges) make an important role as it is one of the elements that guarantee the independence of judges and the independence of courts. The article discusses the essence of judicial self-government in common courts and the statutory limitation of the role of this institution in recent years. The direction of these changes should be assessed critically, because in the current legal state the statutory competences of the judicial self-government have been excessively narrowed. This is accompanied by the restrictive practice of the functioning of local governments in some courts, confirmed by the actions of the presidents of these courts. This legal and factual situation seems to confirm the assumptions about the intention to exclude judicial self-governments from participation in cases concerning judges. Nevertheless, it is the Constitution that grants and guarantees judicial self-governments (also of other professions) to represent them and to supervise the proper performance of the profession within the limits of the public interest and for its protection.
common courts judicial self-government limitation of the judicial self-government general assemblies of judges judges’ assemblies sądy powszechne samorząd sędziowski ograniczenie samorządu sędziowskiego zgromadzenia ogólne sędziów zgromadzenia sędziowskie
Social control in local government units
Local self-government is an important element of the political system of democratic countries. It satisfies numerous collective needs and also participates in the exercising of public authority. This makes it necessary to exercise control over the activities of local government units. The article deals with the issues of control carried out by members of local and regional communities, and focuses on the consequences of its legal institutionalization. An example of a new form of control was used, which is the debate on the report on the state of a local government unit. Both the institutional-legal analysis and the comparative method have been applied to verify the following thesis: legal institutionalization of social control makes it easier for citizens to undertake it, creates better conditions for controlling the actions of local and regional authorities, with the advantages of institutionalization of control outweighing its certain shortcomings.
Participation of local government in the protection of human rights
Local government units perform a number of tasks which, in consequence, have an impact on the quality of life of the local community. Importantly, the tasks that are carried out by the local government very often remain closely related to each other, because the correct implementation of one task may be related to the implementation of other own tasks. This is also the case when local self-governments fulfill their positive and negative obligations in the field of human rights protection.
The role of regional chambers of audit in the field of supervision and control financial matters of local government units
The article aims at presenting role of regional chambers of audit in the field of control and supervision financial matters of local government’s units perform their tasks according to the principles stipulated by the binding legal regulations. The role of supervision is to define legal boundaries in terms of the state’s ability to intervene at the district, county or voivodeships level in the activities of these units. The foundations of supervision result from the adoption of the constitutional principle of a democratic state ruled by law and the principle of decentralization. The aim of this study is to analyse the normative legal position of regional accounting chambers in terms of exercising control and supervision over financial activities carried out by local government units, while taking into account their autonomy. Regional chambers of audit are constitutional state bodies of a special nature, equipped with supervisory and control powers, which makes them the guarantor of the independence of local government units in the field of collecting and spending public funds using the legality criterion.
The family farm as the basis of the state’s agricultural system and the inheritance of agricultural estates. Constitutional foundations and legislation
The article concerns the relationship between two constitutionally protected titles – the family farm and the right of succession. The notion of the family farm was analysed and the restrictions to its protection which the right of succession is subjected to were traced. The thesis that there are no valid provisions effectively reconciling these constitutional values was verified. Attention was drawn both to the historical regulation and the current law on the subject matter.
the right of succession inheritance agricultural estate family farm agricultural system inheritance of the agricultural estate prawo dziedziczenia spadek gospodarstwo rolne gospodarstwo rodzinne ustrój rolny dziedziczenie spadku rolnego
Right to a future consistent with human dignity and right to clean air in light of constitutional values and rules
This article is concerned with the right to a future consistent with human dignity and the right to clean air. Environmental protection is one of the constituents of ecological security. Actions taken to ensure ecological security and protection of natural environment are multidimensional in character. They pertain to not only the duties of public authority but they also strongly affect the area of rights and liberties of an individual. The right to environment of adequate quality is a fundamental human right. Public authorities should strive to improve the present state of the environment and direct its subsequent development such that current as well as future generations can lead a dignified life. The right to clean air ought to be interpreted as a personal right resulting from constitutional values and rules.
sustainable development natural environment ecological security personal rights environmental justice right to clean air right to a future consistent with human dignity zrównoważony rozwój środowisko naturalne dobra osobiste bezpieczeństwo ekologiczne sprawiedliwość ekologiczna prawo do czystego powietrza prawo do godnej przyszłości
Admissibility to establish the institution of justices of the peace under the Constitution of the Republic of Poland
The study is a brief presentation of the issue of the possibility of introducing the institution of justices of the peace in the Republic of Poland and the guarantees ensuring the independence for justices of the peace.
Constitutional limitation of political plurality and the concept of militant democracy. Deliberations based on the example of the East Galicia Communist Party trial (1922/1923)
The concept of political plurality limitation specified in Article 13 of the Constitution of the Republic of Poland of 1997 constitutes a manifestation of the militant democracy concept implementation. The purpose of the paper is to verify the hypothesis stating that the East Galicia Communist Party trial that took place in 1922/23 can be treated as historical experience that was conceptually an element of development of the militant democracy theory and thus also of the concept of political pluralism limitation. These notions have all the features of universality, because despite there being no doubt that a democratic system should have effective militant measures, the answer to the questions on the scope of these measures and their effectiveness remains open. Furthermore, the ever-changing political, legal and social reality permanently coerces such deliberations, in order to prevent, paradoxically and for its own good, democracy from unintendedly and inconspicuously transforming into an autocratic system.
Constitutional right of an individual to the protection of freedom and human rights and shaping individual safety – interdisciplinary approach to the problem
The obligations of the state towards people and citizens are included in the Constitution of the Republic of Poland, those concerning security in Art. 5. However, this document does not clearly define the essence of this concept. The aim of the article is to show the need to include it in the basic law. The analysis of legal acts, literature in the field of security, state and law, and own research shows that society needs an unambiguous definition of terms. Of course, it was emphasized that the clarification of the definition of security in the Polish Constitution is not a simple challenge, as it cannot be formulated in absolute terms. However, an attempt can be made to analyze the subjective and objective approach to the problem. The need to look at individual security through the prism of development and the use of individual opportunities in the light of the common good protected by law has been demonstrated.
The principle of pacta sunt servanda and the Polish Constitution
The article deals with the range, role and place of one of the most important principles of international law, the principle of pacta sunt servanda in the Polish Constitution. It presents opposing views of the representatives of the doctrine and the author’s position on the subject matter, decisions of international and national courts, and possible solutions to possible collisions between the norm of domestic law and the norm of international law. It also refers to the consequences of refusing to perform an obligation under international law as a result of granting primacy and applying constitutional rule that is contradictory to it and the question of the effectiveness of customary international law norms and general principles of law recognized by civilized nations, which is controversial under the Polish Constitution.
The principle of pacta sunt servanda international law and national law international law and the constitution Zasada pacta sunt servanda prawo międzynarodowe a prawo krajowe prawo międzynarodowe a konstytucja
Pedagogy as a metaphor for constitution-making
In the doctrine of constitutional law, metaphors appear in many analytic works. Pedagogy can be used as a metaphor for constitution-making because of many similarities between the teaching process and the formation of constitutional law. One should recognize the great role of learning in the process of creating legal regulations. The pedagogical impact of law includes influencing the behaviour of individuals and of the society.
Comments on the (un)constitutionality of sanctions for violating the professional independence of a pharmacist by an entity running a pharmacy
The aim of the study is an attempt to assess the constitutionality of the provision of Art. 103 sec. 2 point 10 of the Pharmaceutical Law Act, amended by the Pharmacist Profession Act of 10 December 2020. This provision extends the scope of the sanction of withdrawal of a pharmacy authorization to cases of violation of the professional independence of a pharmacist by the entity running it (entrepreneur), as provided for in Art. 35 sec. 2 of the Pharmacist Profession Act. Critical analysis was also applied to the parliamentary discussions on the need to clarify the nature of the violation in question with the criterion of „persistence” in the context of the admissibility of using vague terms in the law. According to the thesis of the study, the resignation from this criterion seriously questions the compliance of Art. 103 paragraph 2 point 10 Pharmaceutical Law Act in connection with Art. 35 sec. 2 Pharmacist Profession Act with the principle of specificity of law, the principle citizens’ trust in the state and the law it enacts, as well as the principle of legal certainty and legal security, and the principle of proportionality of interference in the sphere of freedom of economic activity and property right.
Prawo farmaceutyczne samodzielność zawodowa farmaceuty cofnięcie zezwolenia na prowadzenie apteki zasady prawidłowej legislacji zasada proporcjonalności wolność działalności gospodarczej Pharmaceutical law professional independence of a pharmacist cancel a license to run a pharmacy principles of proper legislation the principle of proportionality freedom of economic activity
Constitutional values at the dawn of the AI era
The article presents constitutional values exposed to violation by solutions using AI. Based on the dogmatic-legal method, the views of Polish constitutional law since the 1989 changes were analysed. In the study of the impact of AI on the accepted values, the literature on the subject, mainly from 2017–2020, was used. The aim of the study is to identify significant constitutional values exposed to threats from the development of AI. Of the many constitutional values, it is shown that the key ones are human dignity and the rule of law and democracy as the most vulnerable to interference from AI. Examples of AI interference with human values and those related to the idea of a democratic state under the rule of law are presented. It concludes that unregulated use of AI poses a risk of violating constitutional values.
Positive discrimination in the military – unnecessary privilege or essential need?
The main issue discussed in the article is the participation of women in the military and the possibility of preferential treatment for them. Women have served in the military in different roles for a long time, but they are still a minority. Both the UN and NATO are taking actions to increase the participation of women in the military and encourage member states to do so. As data from NATO indicates, the share of female active-duty personnel in Polish armed forces is rather low (7 percent). The purpose of this article is to analyze the constitutional provisions guaranteeing gender equality (Articles 32 and 33) and to assess whether new, preferential provisions for women in the military should be introduced. This could mean positive discrimination (compensatory preference).
The constitutional right to security with regards to initiation of the state of emergency on the border of the Republic of Poland and the Republic of Belarus
The article has been prepared to present the constitutional approach to the security problem with regards to the initiation of the state of emergency on the border of the Republic of Poland and the Republic of Belarus. The publication indicates the relationship between security regulations and constitutional regulations, makes a preliminary analysis of actions taken by the Republic of Belarus, and also indicates a cause-and-effect relationship in the context of regulating the introduction of a state of emergency in a situation of a special security threat.
Constitutional freedom of scientific research and bibliometric impact. The condition of publications with international impact in the countries of the former Eastern Bloc
The end of the Cold War and the dissolution of the Soviet Union significantly changed the maps of Europe and Asia. As a rule, the constitutions of the newly independent or newly created states guaranteed the freedom of scientific research; however, in practice this principle, measured by the number of publications with international impact, has been implemented in different ways. This article aims to determine the patterns of international collaboration on academic publications adopted in the countries of the former Eastern Bloc, and suggests possible explanations of differences between them. The research led to identification of four such patterns: 1) isolation from foreign research, 2) effective independence, 3) ineffective collaboration, 4) effective collaboration.
Gloss to the judgment of the District Court in Łódź of July 31, 2020 (file reference number II KK 381/18)
The aim of the gloss is to present the limitation of the scope of the criminality of the freedom of expression in the context of protecting the office of the President of the Republic of Poland against the insult resulting from the need to protect the freedom of expression, especially of a political nature, which contributes to public discourse and criticism of the head of state.
Some remarks on the judgment of the Swiss Federal Tribunal of 8 September 2020 (Caster Semenya case)
This article deals with an important for the world of sport ruling of the Swiss Federal Tribunal of 2020 (in the case of the athlete Caster Semenya) decided against the background of the legal aspects of gender differences and sports competition. It presents an overview of the problem and its resolution, as well as possible further implications of the case, related to the standards of human rights protection existing under the European Convention on Human Rights. The author presents the principles of the prohibition of inhuman and degrading treatment, respect for private and family life and the prohibition of discrimination and makes a legal assessment of the judgment in the case from their perspective. The analysis results in conclusions concerning legal aspects of gender differences and sports competition. These conclusions have a universal dimension and apply to the broadly defined sub-discipline of law, which is the sports law.
Gloss to the Decision of the Supreme Court of 28 November 2019, file reference number III CSK 275/17
The thesis expressed in the glossed judgment that the poviat bears sole responsibility for the damage caused by the issuing of a defective administrative decision by the starost as part of the architectural and construction administration is, in principle, correct. However, this responsibility does not result – as the Court assumed in the commented judgment – from the nature of the tasks performed by the starost, but from the current legal regulations contained in the Civil Code (Art. 417 § 2). Incorrect determination of the nature of the tasks in the field of architectural and construction administration resulted in the dismissal of claims for damages against the State Treasury and local government unit despite the fact that at the time when the decision on the building permit was taken, Art. 4202 of the Civil Code, providing for joint liability of the State Treasury and of a local government unit for damages caused in the performance of government administration tasks specified by law, was in force.
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