- Year of publication: 2022
- Source: Show
- Pages: 5-12
- DOI Address: -
Dualism of Executive Power in the Third Polish Republic – Constitutional Regulations and Political Practice
The aim of the article is a critical analysis of the rationalized parliamentary system established in the Constitution of the Republic of Poland with the strengthened position of both bodies of the dualistic executive. The study presents the regulations increasing the political role of the President and the government (prime minister) as well as the conditions and political effects of the adopted system. The premise of the article is to highlight the dysfunctionality of the constittional model of the executive and the practice of its implementation.
dualism of executive power rationalised parliamentarism president in Polish Republic Council of Ministers, Prime Minister Constitution of Polish Republic political practice dualizm egzekutywy zracjonalizowany parlamentaryzm Prezydent RP premier Konstytucja RP praktyka polityczna
The Issue of Supplementing the Ratification Act with Additional Content (art. 89 of the Polish Constitution)
The authors point to arguments of legal interpretation of the Constitution that would justify the possibility of including additional provisions in the statute agreeing to ratify the international agreement (Article 89(1) of the Polish Constitution). A condition for such an extension would be the direct link between the additional content and the implementation of the international agreement and the possibility of adopting additional content in the ordinary legislative procedure. Such provisions could not violate the provisions of the Polish Constitution. The authors also point to non-legal arguments that could justify such action by the legislature in a particular situation. However, they favour the uniqueness of such a solution and its embedding in a specific systemic context.
On the Need to Reform the Mechanisms of Accountability for Violations of the Rules of Ethics of Deputies
Considering the poor standards of public life, the existence and functioning of the Deputies’ Ethics Committee constitute essential elements of the Polish parliamentarism. Although not the only one, the principal task of the Deputies’ Ethics Committee is to react to the actions of deputies that violate the rules of ethics of deputies adopted in 1997. After more than 20 years of the Committee’s operation, we can identify areas where there are noticeable dysfunctions, e.g. the composition of the Committee, the mechanism of imposing penalties and their type. With the 2018 amendment to the Standing Orders of the Sejm, a new mechanism was also introduced to hold deputies accountable for actions violating ethical standards occurring during sessions of the chamber as well as on the premises under the authority of the Chancellery of the Sejm, effectively allowing us to speak of a duality of accountability.
Legal Question to the Constitutional Tribunal. Expectations and Directions of Changes
This study is devoted to the analysis of the provision of Article 193 of the Constitution of the Republic of Poland, which authorizes each court to submit a legal question to the Polish constitutional court about the compliance of a normative act with the Constitution, ratified international treaties or the act, if the answer to a legal question depends on the resolution of a case pending before the court. It is worth considering the expectations and directions of changes of the analyzed institution against the background of the applicable legal provisions. The practice of applying a legal question to the Constitutional Tribunal needs to be examined. During these more than thirty-five years, the constitutional measure has undergone some transformations. The main goal of this work is to assess the title legal question through the prism of over three decades of its operation.
The Role of Consuls in the Organization of Elections Held Abroad (Comments Against the Background of Elections for the President of the Republic of Poland in 2020)
The purpose of this article is to analyze the tasks assigned to consuls in the course of organizing the election of the President of the Republic of Poland abroad. There is no doubt that the Polish legislator has entrusted the consuls with the role of the actual organizers of elections held abroad, which entails a significant responsibility these entities. The study also examines the supervision over the performance of tasks by consuls in the field of the organization of elections. In this range, it should be noted that there is a significant difference, consisting in the delegation of supervisory tasks over the performance of electoral activities by consuls to the minister competent for foreign affairs, with a significant limitation of the powers of the NEC, which is, after all, the main body supervising compliance with the electoral law. In these considerations, mainly the formal and legal method was used.
Impact of Changes in the Electoral System in 2018 on the Political Position of Presidential Parties in Municipalities over 20,000 Inhabitants
The aim of the paper is to assess the impact of changes introduced in 2018 to the electoral system used in elections of the councils of municipals over 20,000 inhabitants on the political position of the parties backing selected mayors and presidents of cities. This research perspective is justified by the special role of these groups resulting from the system of the commune, in particular the method of election and irrevocability of the executive, that is forced to try to gain control over the decision-making process in the council. The study used the Shapley-Shubik strength index as that reflects the actual strength of a political party in a collegiate body better than the number of seats or participation in a mandate set. The results of the survey confirmed that the analyzed change weakened the position of the presidential parties in most of the analyzed aspects.
game theory local elections local government commune council political strength Shapley-Shubik power index teoria gier rada gminy wybory samorządowe samorząd terytorialny siła polityczna indeks siły Shapleya-Shubika
The Principle of Secret Voting in the Constitution of the Republic of Poland and the Possibility of Implementing Popular Voting with the Use of E-voting Based on Blockchain Technology
The principle of secret voting is one of the basic elements of the Polish electoral system. Its character does not raise many doubts in the literature on the subject. It seems, however, that secrecy of voting may be one of the main challenges in the context of plans to implement Internet voting in universal suffrage. Many scientists place their hope in blockchain. It is a technology that ensures high security. On the basis of this article, I consider whether blockchain – due to its characteristics – can be used in Poland as a technology enabling voting via the Internet. I pay particular attention to the principle of secret voting, which may be difficult to implement with the use of this solution.
Voting confidentiality the principle of secret voting the Polish Constitution Internet voting Blockchain block systems e-voting Tajność głosowania zasada tajności głosowania Konstytucja RP głosowanie przez Internet systemy blokowe
On the Concept of the Electoral Treshold in Elections to Municipal Councils
The barrier clause is an institution of special importance in the context of the proportional system. The aim of this article is to present and evaluate the course of parliamentary work accompanying the transformation of the concept of the prohibition clause in the elections to municipal councils in 1990–2018. The research carried out on the basis of the formal-dogmatic method allows us to assume that the position of the dominant political forces on the application and level of the election threshold in local elections was characterized by considerable variability, showing connections with the lack of a clearly crystallized view on the shape of the electoral system in the strict sense of the organs constituting the basic level of local government.
Levellers and Universal Manhood Suffrage During the Putney Dabates (1647)
This is a review article. Its purpose is to present the findings of researchers on the English Levellers’ attitude to universal manhood suffrage, especially during the Putney Debates (1647). This issue is not clear and the dispute of researchers has been going on since the 1960s. The aim of the article is to present the findings on this issue contained in the important English studies on Levellers. The article presents the results of research that allows to answer the questions: whether the Levellers really supported the universal manhood suffrage, or were they therefore unconditional democrats? and why despite the success achieved during the Putney Debates the electoral reform proposed by them did not gain broad support.
Justice of the Peace Courts and the Right to the Protection of the Law – a Voice in the Discussion
The article discusses the demand for the introduction the institution of the justice of the peace into the Polish judicial system. The aim of the article is to examine the admissibility of this change as intended by the Ministry of Justice from the perspective of the right to legal protection. The author presents the advantages and disadvantages of justices of the peace, placing particular emphasis on the postulate of legal education of candidates for justices of the peace, as well as mentioning the proper way of selecting and financing them. He concludes that the requirement of a legal education or basic legal knowledge of candidates for justices of the peace is essential, as is the need to ensure the appointment that guarantees their greatest judical independence. In another case, the parties will not have adequate legal protection. In his research, the author uses the dogmatic method.
judicial system justice of the peace courts right to the protection of the law the principle of a fair trail the right to the defence prawo do obrony wymiar sprawiedliwości sądy pokoju prawo do ochrony prawnej zasada rzetelnego procesu
Impact of the COVID-19 Pandemic on Citizens’ Rights and Freedoms to Organize Assemblies
The article focuses on the freedom of citizens to organize assemblies during the COVID- 19 pandemic in Poland. The provisions of the Acts and the Regulation of the Council of Ministers of March 19, 2021 on the establishment of certain restrictions, orders and bans in connection with the occurrence of the epidemic, prohibiting or limiting the organization of assemblies during a pandemic in terms of the existence of pro-liberation or anti-freedom tendencies, were analyzed. The presented article is an attempt to consider the constitutionality of the provisions in force in this area. The law may become a tool of lawlessness, and it should be noted that the participation of citizens in assemblies is sometimes the only opportunity to express their views and one of the basic standards characterizing a democratic state ruled by law.
democratic rights and freedoms of the citizen freedom of assembly limiting the rights and freedoms of citizens during the COVID-19 pandemic in Poland rule of law constitutionality of regulations demokratyczne prawa i wolności obywatela wolność zgromadzeń ograniczanie praw i wolności obywateli podczas pandemii COVID-19 w Polsce praworządność konstytucyjność przepisów
Importance of the Case-Law of the German Federal Constitutional Court for the Case-Law of the Polish Constitutional Tribunal
The aim of this article was to find an answer to the question about the role played by the case-law of the Federal Constitutional Court of Germany in the case-law of the Constitutional Tribunal of Poland, and to the question about the sort of cases heard by the CT, in which references to the FCC case-law occurred most often. An attempt to answer the above-mentioned questions were asked after empirical research. The judgments of the CT, publicly available on the Online Judgment Portal on the website of the CT, served as empirical material. In the case-law of the CT, it was not clearly indicated whether, in the case of referring by the CT to the case-law of the FCC, the Tribunal did it for comparative purposes, whether it was related to the interpretation of legal norms by the CT or for another purpose.
interpretation of law the case-law of the Constitutional Tribunal case-law of the Federal Constitutional Tribunal autonomous concepts human rights and freedoms wykładnia prawa praktyka orzecznicza Trybunału Konstytucyjnego praktyka orzecznicza Federalnego Sądu Konstytucyjnego pojęcia autonomiczne prawa i wolności człowieka
The Political Position of the President in the Parliamentary and Semi-presidential Systems in the Light of the Lithuanian Constitutions of 1922 and 1992
This article aims to analyze the political position of the president in the parliamentary systems of interwar Lithuania and the semi-presidential system of modern Lithuania. The analysis covers the regulations of Lithuanian constitutions of 1922 and 1992. The article assesses the most important legal provisions concerning the political position of the head of state. The subject of the analysis is still relevant, as Lithuania, like during the first independence period, adopted the same political system, restoring its pre-war solutions (including reactivating the institution of the head of state). Identifying the differences and similarities in the systemic position of the institution of the head of state in the light of the Lithuanian basic laws seems to be an issue worth scientific research.
Constitutional Reform in Kyrgyzstan. Challenges and Threats to Democracy and the Rule of Law
The collapse of the USSR in 1991 led to the emergence of five independent states in Central Asia: Kazakhstan, Uzbekistan, Tajikistan, Turkmenistan and Kyrgyzstan. Four of them established an authoritarian form of government, while Kyrgyzstan became the only democratic state in the region. This may change after the referendum on constitutional reform, which is scheduled for 2021. The amendments to the Constitution provide for the extension of the president’s powers, which, according to many Kyrgyz researchers, may lead to the transformation of Kyrgyzstan into an authoritarian state. This article presents the results of the analysis of the draft amendment to the Constitution of the Kyrgyz Republic initiated by the new president of the country, Sadyr Japarov.
Normative Guarantees of the Freedom of Association in Political Parties in Kazakhstan
The subject of the study is the problem of freedom of association in political parties in Kazakhstan from the normative perspective. The analysis of national regulations concerning the guarantee of political pluralism and determining the principles for the creation and operation of political parties in Kazakhstan indicates for series transgressions and contradictions with international obligations accepted by them at the area freedom of association. The current law on political parties in this country contains very restrictive provisions. It lacks provisions that would guarantee the access of political parties to the mass media and the free organization of meetings and demonstrations. The law also prohibits the creation of religious, national and ethnic political parties.
Italian Migration Policy
Italy, due to it is geographical location, is extremely exposed to migratory movements. Over the past few decades, the Republic has undergone a far-reaching transformation from sending to receiving country. A country in which a migration policy practically did not exist had to build it from scratch quite quickly, which was associated with many of its disadvantages, reformed over time. A breakthrough moment was the migration crisis initiated in 2011 and caused by the Arab Spring in North Africa. It was a real test not only for the Italian migration policy, but in retrospect also for the entire European Union, where, unfortunately, there was no enough solidarity.
Protection of the Rights of Ethnic Minorities in Finland. Sami Case
The cultural autonomy of the Indigenous Sami Region within Finland is an example of autonomous status, based on the criterion of ethnic, linguistic and cultural distinctiveness of the indigenous Sami people living in the Northern territories of the state. It aims to protect their fundamental rights and freedoms and their own cultural heritage, including the endangered Sami languages. The aim of this study is the legal analysis of the cultural autonomy status of the Indigenous Sami Region self-government. The subject of the study includes the exegesis of the provisions of the Finnish Basic Law of 1999 and the relevant statute, as well as the practice of the region functioning within the state.
cultural autonomy Indigenous Sami Region protection of fundamental rights and freedoms cultural heritage Sami languages autonomia kulturowa Rdzenny Region Saamów ochrona podstawowych praw i wolności dziedzictwo kulturowe języki saamskie
Policy of Poland Towards Development of the International Refugee Protection System in Light of the Polish Constitutional Framework
The article aims at exploring the relationship between constitutional framework regulating conduct of Polish public authorities on the international fora and the observed actions of these authorities with regards to international endeavour to enhance the functioning of the international refugee protection system. The dogmatic approach has been applied in order to examine scope and content of relevant norms pertaining to the problem in question. Moreover, findings of political science were utilized to establish some of the motives as well as consequences of the said actions of the government and to confront them with relevant constitutional norms. Position of Polish national authorities towards development of international refugee protection system has been appraised in light of the Constitution. The Author expresses a conviction that, in light of the said position, the values expressly affirmed by the Constitution are not accounted for in a satisfactory degree.
human rights refugee rights ineffectiveness of international law constitutional protection of rights of the individual international refugee protection framework prawa człowieka uniwersalny system ochrony uchodźców prawa uchodźców nieefektywność prawa międzynarodowego konstytucyjna ochrona praw jednostki
The Idea of Human Dignity as a Justification of the Right to the Environment
The problem of environmental protection is perhaps the most important challenge facing man today. On the legal level, this issue is expressed, inter alia, in the discussion on recognition of the right to the environment. This problem is widely discussed and poses a challenge both in the field of international and constitutional law. The work presents the key regulations of both international environmental law and the constitutions of various countries. This allowed for the recognition of the role and significance of the concept of the dignity of the individual, which, underpinning the international system of human rights protection, also plays an important role in environmental regulations. The thesis was formulated that, despite many doubts, the dignity of the individual stands for the idea that combines environmental protection issues with the concept of human rights.
Evolution of Health Rights in the European Union in the Prism of Human Rights
As an economic and political union of states, the European Union has historically focused neither on health nor on human rights. Since the adoption of the Charter of Fundamental Rights, the link between fundamental rights and human health has been noticeable. Respect for human dignity and individual decisions played an important role in the evolution of the understanding of the right to health as a human right in the EU legal system. The aim of the article is to analyze the development of health rights in EU law and answer the question: does recognizing the right to health as a human right result in a specific legal claim? The article uses a purposeful-functional and axiological interpretation, and the historical method.
health rights human rights system Fundamental Rights European Union Charter of Fundamental Rights Court of Justice of the European Union Patient Rights Directive prawa zdrowotne system praw człowieka prawa podstawowe Unia Europejska Karta Praw Podstawowych Trybunał Sprawiedliwości Unii Europejskiej Dyrektywa Praw Pacjenta
Laws Matter – Alon Harel Concept of Constitutional Obligation to Criminalize
The article will present the concepts of the Israeli philosopher Alon Harel relating to the issue of non-instrumental justification of law, including criminal law. An important aspect of Harel’s considerations is the obligation to criminalize acts that violate fundamental rights and freedoms. This duty should be expressed in the constitution, symmetrically to the content of constitutional rights and freedoms. The background to the considerations is the judgment of the Constitutional Tribunal of 22 October 2020 issued in case K 1/20. The article will outline the line of argumentation (following Alon Harel) in favor of the recognition that regardless of socio-ethical or philosophical issues, the Tribunal’s decision was necessary for the good not only of individual individuals, but also of the legal system.
abortion Alona Harel criminalisation ritghts and freedoms value of law constitution and criminal law case K 1/20 aborcja Alon Harel kryminalizacja prawa i wolności znaczenie prawa konstytucja i prawo karne sprawa K 1/20
Violations of the Constitutional Guidelines of the Civil Service
The article presents the issues of post-constitutional legislative practice, in part concerning the law of the civil service. In the author’s opinion, the Polish Constitution of 1997 sets a solid basis for the functioning of the civil service corps and clearly defines the principles and goals of its functioning (which are: professional, reliable, impartial and politically neutral performance of state tasks). The review of the legislation after 1997 and the jurisprudence of the Constitutional Tribunal was presented at intervals determined by the next civil service law pragmatics. The collected examples of violations of the provisions of the Constitution (in the analyzed time and area) allowed for the formulation of conclusions on the nature and practical significance of civil service law. General assessment is that polish civil service law construction (in accordance with the Constitution) is a difficult task, still unrealized in the law Polish.
Gloss to the judgment of the Constitutional Tribunal of February 24, 2021 (SK 39/19)
The gloss criticizes the judgment of the Constitutional Tribunal of February 24, 2021 (SK 39/19) which stated that Art. 1a § 1 point 3 of the Act of 12 January 1991 on local taxes and duties, understood in the way that the connection of the land, building or non-building structure with the conduct of economic activity is determined solely by the possession of land, building or non-building structure by the entrepreneur or other entity conducting economic activity, is inconsistent with Art. 64 sec. 1 in connection with Art. 31 sec. 3 and Art. 84 of the Constitution of the Republic of Poland.
Gloss to the judgment of the District Court of April 27, 2021 (II W 63/21)
The current Code of Petty Offenses entered into force in a different legal and socio-economic reality. It does not correspond to contemporary realities, its interpretation requires care, due to the necessity to consider the current Polish Constitution. Article 63a of the Code protects against behavior that violates the aesthetics of public space. Such behavior may not be punished when it does not violate public order, as it constitutes a form of exercising individual the freedom of expression.
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