Author: Magdalena Kupis
Institution: Uniwersytet Śląski w Katowicach
Year of publication: 2012
Source: Show
Pages: 93-125
DOI Address: https://doi.org/10.15804/ppk.2012.01.06
PDF: ppk/09/ppk906.pdf

Streszczenie:

In the modern democratic state interpellation – as the one of measures of oversight powers of parliament – is directly related to the legal and systemic guarantees of protection of the principles ruled by law. It has a well established parliamentary tradition in the European continental states. Its origins date back to the French Republic III and it is necessary to distinguish it from the British questions. In spite of, the original function of interpellation has been changed. This article presents the evolution of this institution in Sejm. The subject of this analysis includes a description of the legal regulation of interpellation in next historic periods in Poland: from the interwar two decades – by the period of communist system – for the constitution of the Third Republic of Poland, 2 April 1997, and answers to the following questions: • How the role of interpellation is determined by the introduced state structure? • Whether the political situation in state effects on the purpose and the efficiency of interpellation? • How feautures of the modern democratic state like strong executive authority, well organized political parties and an the activity of interest group effect on oversight powers of Sejm executing with assistance of interpellation? • What is today’s role of interpellation and what is its future in the Polish parliamentarism? The role and purpose of the institution of interpellation as the one of measures of oversight of Sejm should be considered in close relation with elements of political construction of parliamentary government, particularly with the principle of political accountability of the Council of Ministers and its members to the Sejm. Its scope covers all areas of activity of the government and government administration. The activity of members of Sejm in this range should be treated as particularly important platform of exerting influence by parliament on the government. Now the amount of interpellation in Sejm is very big but its political quality and efficiency weak, what brings interpellation nearer to questions. It is necessary to change the way of using this institution of oversight by members of Sejm, what requires the greater political consciousness and the reinforcement the position of the Polish parliament.

funkcja kontrolna parlamentu parlamentaryzm, interpelacja poselska

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Author: Marian Grzybowski
E-mail: marian.grzybowski@uj.edu.pl
Institution: Uniwersytet Jagielloński w Krakowie
Year of publication: 2012
Source: Show
Pages: 129-150
DOI Address: https://doi.org/10.15804/ppk.2012.01.07
PDF: ppk/09/ppk907.pdf

Streszczenie:

The shaping of structural and functional relations between bodies of state authority is one of the key characteristics of any political system and – at the juridical level – of any constitutional system. The choice of basic solutions in this regard determines the method of exercising authority in the state, i.e. its system of rule; also referred to as a system of government. From the methodological perspective, we may distinguish at least two levels of the analysis of the state power mechanism (referred to as the „system of government”), i.e. the normative (constitutional-legal) system of government and the practical (political-behavioural) one. In Poland, when developing the constitutional „system of government,” in the course of work on the drafts of the 1997 Constitution of the Republic of Poland, the relevant points of reference included: a) the parliamentary-cabinet system (particularly in the „rationalized” form), b) the parliamentary-presidential system (referred to as, quite ambiguously, an „indirect system”), and – to a lesser degree - the „system of presidential rule” (presidential system).

władza państwowa system rządów

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Author: Grzegorz Maroń
E-mail: grzemar6@op.pl
Institution: Uniwersytet Rzeszowski
Year of publication: 2012
Source: Show
Pages: 151-178
DOI Address: https://doi.org/10.15804/ppk.2012.01.08
PDF: ppk/09/ppk908.pdf

Streszczenie:

This article as one of the first in legal – not only polish-language – literature presents a comparative analysis of the issue of a head of state’s oath of office. The paper underlines differences, similarities and peculiarities in legal regulations of the institution of the oath of office in regard to European presidents and monarchs. The study touches especially on such topics as the oath formula, its optional or obligatory religious dimension, the time of taking the oath, the subject which officially receives it, consequences of taking the oath and legal effects of the oath’s infringement. The basic normative analysis, both on constitutional and statutory level, was supplemented with remarks on the practice of the given institution, for example the oath’s taking ceremony. Description of presidential or royal authority in particular states is not complete without a reference to the institution of the oath of office. The arguments undertaken in the article aim to prove that the title subject cumulates several relevant issues, which are noteworthy for jurisprudence. Taking the oath of office by any president or monarch is not so much a solemn symbolic event as conventional activity important in view of the legal order.

monarcha przysięga głowy państwa prezydent

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Author: Tomasz Miłej
E-mail: t.milej@gmail.com
Institution: Uniwersytet w Kolonii
Year of publication: 2012
Source: Show
Pages: 179-198
DOI Address: https://doi.org/10.15804/ppk.2012.01.09
PDF: ppk/09/ppk909.pdf

Streszczenie:

The paper offers an evaluation of the political system of Bosnia and Herzegovina as formed according to the Dayton General Framework Agreement. In the Sejdić i Finci case, the ECtHR ruled, that the constitutional provisions pertaining to the elections to the Presidency being the collective head of state and to the higher chamber of the Bosnian parliament constitute racial discrimination which is not compatible with the European Convention on Human Rights and its protocol nr 12. This situation makes constitutional changes necessary, which, however, up to now, have not been implemented. The judgment also exemplifies the dysfunctionality of the Bosnian constitutional order which durably consolidates the domination of nationalist parties. Accordingly, no consensus can be reached for any constitutional reforms whatsoever. The efforts of the international community to reform Bosnian ethnocratic governmental system have not brought about any break-through. The paper also explains the political concept of consocietalism implemented by the Dayton constitution and discusses alternative concepts of power sharing in states plagued by ethnic conflicts.

etnokratyczny system rządów układ pokojowy z Dayton system polityczny Bośni i Hercegowiny

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Year of publication: 2012
Source: Show
Pages: 3-8
DOI Address: -
PDF: ppk/10/ppk10toc.pdf

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Author: The Editors
Year of publication: 2012
Source: Show
Pages: 269-274
DOI Address: -
PDF: ppk/10/ppk10auth.pdf

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Author: Wojciech Ł. Gunia
Institution: Uniwersytet Marii Curie – Skłodowskiej w Lublinie
Year of publication: 2012
Source: Show
Pages: 199-212
DOI Address: https://doi.org/10.15804/ppk.2012.01.10
PDF: ppk/09/ppk910.pdf

Streszczenie:

The concept of Politically Exposed Person is inextricably linked with money laundering and responds in some measure to cases where person entrusted with a prominent public function has introduced profits coming from illegal or undisclosed sources into the legitimate financial system. The cases of power abuse confirmed and still continue to confirm the words of Charles de Montesquieu, who stated in his book ‘The Spirit of the Laws’ that ‘every man invested with power is apt to abuse it, and to carry his authority as far as it will go’. This idea was expressed more explicitly by John Emerich Edward Dalberg Acton who said ‘Power tends to corrupt, absolute power corrupts absolutely’. Therefore, it can be considered that implemented regulations regarding Politically Exposed Person were designed to provide institutional mechanisms for automatically excluding or minimizing the abuse of power by person entrusted with a prominent public function. This article examines relationship between the national definition of Politically Exposed Person and the definition established by the legislature of the European Union. Moreover, it presents the analysis of the national concept from the perspective of the constitutional principle of equality. Both aspects have important implications on the essence of the Politically Exposed Person definition and indicate the possibility of further analysis from the perspective of The Constitution and EU law. Above all, they should answer the question of whether the institutional frameworks are indeed effective in combating money laundering by Politically Exposed Person.

nadużycie władzy procederem prania pieniędzy osoby zajmujące eksponowane stanowiska polityczne

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Author: Andrzej Ogonowski
Institution: Państwowa Wyższa Szkoła w Tarnowie
Year of publication: 2012
Source: Show
Pages: 213-235
DOI Address: https://doi.org/10.15804/ppk.2012.01.11
PDF: ppk/09/ppk911.pdf

Streszczenie:

The present publication constitutes an attempt of a sectional overview of the previous jurisdiction of the Polish Constitutional Tribunal on the subject of freedom of economic activity regulated under article 20 and article 22 of the Polish Constitution. Objective analysis begins with the description of double nature of the freedom of economic activity that is interpreted by the Tribunal as a constitutional principle (rule of law) as well as one of the fundamental rights. The presentation concerns itself also with the type of the interrelationship between these two ways of expression of the analysed freedom. Further on, the presentation concentrates on the admissibility of the limitation of the freedom of economic activity. Analysis of the jurisdiction of the Constitutional Tribunal indicates, that the legal limits of the legislator’s interference within the scope of the freedom of economic activity comes out not just as „of important public interest” under article 22 of the Polish Constitution, but also has its basis in article 31 section 3, that formulates the principle of proportionality. The article ends up with an attempt to resume the jurisdiction of the Polish Constitutional Tribunal on the subject of freedom of the economic activity as well as attempts to answer the question if, under jurisdiction of the Constitutional Tribunal, the present freedom has already taken a fully formed shape and meaning.

orzeczenia wolność działalności gospodarczej Trybunał Konstytucyjny

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