Author: Monika Florczak - Wątor
Institution: Uniwersytet Jagielloński
Year of publication: 2010
Source: Show
Pages: 185-208
DOI Address: https://doi.org/10.15804/ppk.2010.2-3.09
PDF: ppk/02-03/ppk2-309.pdf

Streszczenie:

The transference of presidential authority takes place in the event of a vacancy in the office or due to a temporary inability to discharge the duties of the office.Polish law describes the following situations where such a vacancy is deemed to occur: the death of the President, his resignation from office, a judicial dec- laration of the invalidity of the Presidential election or other reasons for not assuming office following the election, a declaration by the National Assembly of the President’s permanent incapacity to exercise his duties due to the state of his health and dismissal of the President from office by a judgment of the Tribunal of State. In such circumstances the Marshal of the Sejm is authorized to temporarily discharge the duties of the President until the next President is elected. Similar stipulations are given for declaring a vacancy in the office of the President in Latvia, Ukraine, Belarus and Russia. In the case of Germany, the Czech Republic and Slovakia, a more open legal formulation was chosen. Article 131 § 1 of the Polish Constitution does not clearly describe the situa- tions that warrant a temporary inability to discharge the duties of the President’s office, and thus the decision to transfer presidential duties to the Marshal is not specifically prescribed by law. This means that there is a risk that the article may be applied arbitrarily. The constitutional law of Poland’s neighboring countries dealing with the temporary inability to discharge the duties of the President’s office varies in the degree of specificity. In the case of Germany, Russia and Be- larus, the law is quite general; whereas in the case of Latvia, the Czech Republic and Slovakia, the law goes into much more detail. In Poland, both in the event of the temporary inability to discharge the duties of the office as well as a permanent vacancy in the office, the duties of the President are taken over by the Marshal of the Sejm. In the event that the Marshal of the Sejm is unable to discharge the duties of the President, the next in line would be the Marshal of the Senate. In Germany, Latvia and Belarus, the duties of the President are transferred to the speaker of the Parliament; while in Russia and Ukraine — to the prime minister. In Slovakia and the Czech Republic, presidential competences are divided among several state organs. A vacancy in the office of the President has the legal consequence of necessitating the ordering of a new election. The temporary inability to discharge the duties of his office can lead to a permanent incapacity to exercise his duties. There is no regulation of how the President might regain his authority from the person who has been temporarily exercising it.

opróżnienie urzędu prezydent

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Author: Bożena Dziemidok - Olszewska
Institution: Uniwersytet Marii Curie - Skłodowskiej w Lublinie
Year of publication: 2010
Source: Show
Pages: 209-240
DOI Address: https://doi.org/10.15804/ppk.2010.2-3.10
PDF: ppk/02-03/ppk2-310.pdf

Streszczenie:

The main thesis of this article is the assertion that political responsibility of government is one of key issues and assumptions of systems of governance.The political responsibility of government is the essence and foundation of the parliamentary system. It is also accepted as one of the basic principles of semi- presidential system. This article aims to analyze and evaluate legal solutions for the political responsibility of government in the two systems – parliamentary and semi-presidential, what has been done on the example of Third Republic of Poland and the Fifth French Republic. The basic conclusion is the statement that in both systems (countries) have been established, typical of democratic states, rigid enforcement procedures for accountability of government containing elements which rationalize the functioning system.

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Author: Krzysztof Krysieniel
Institution: Wyższa Szkoła Bankowa w Poznaniu
Year of publication: 2010
Source: Show
Pages: 241-260
DOI Address: https://doi.org/10.15804/ppk.2010.2-3.11
PDF: ppk/02-03/ppk2-311.pdf

Streszczenie:

The evolution of the political system of Croatia has begun over two decades ago from the victory of the opposition in the first free and democratic election that took place in 1990. The New republican government, working at the beginning in the realities of sunken in crisis socialist Yugoslavia, began social and political changes that led to adopting in December of 1990 constitution and announcing independence. A wide range of president’s competences and the authoritative inclination of F. Tuđman, the “father” of independence movement and leader of the biggest Croatian party, had negative influence on the process of democ- ratization. The state of war that lasted for few years and the lack of control of government in Zagreb over the whole territory of Croatia just added to this process. Only after the first president had died, did the double transformation begun (2000–2001) – the semi presidential system was changed into a cabinet- parliamentary system. At the same time the process of real democratization has started, the government started to fight with the irregularities that remained after the “Tuđman’s decade”. The constitutional changes adopted in 2010, which will allow Croatia to enter the EU structures, are the summary to the evolution of the political system and a specific manifestation of pro-European political moods.

system polityczny prezydent konstytucja

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Author: Marcin Dąbrowski
Institution: Uniwersytet Warmińsko-Mazurski w Olsztynie
Year of publication: 2010
Source: Show
Pages: 261-280
DOI Address: https://doi.org/10.15804/ppk.2010.2-3.12
PDF: ppk/02-03/ppk2-312.pdf

Streszczenie:

The article consists of two parts. In the first part the author describes the principle of the universality and a problem of electoral censuses. In the second part the author shows an issue of voting rights of people placed under partial guardianship in the light of the third article of the First Protocol to The European Convention on Human Rights and Fundamental Freedoms. The principle of universality means that the right to vote belongs to everybody who fulfils conditions described in the Constitution and in statutes. Censuses are exceptions from the principle of the universality. According to the art. 62 sect. 2 of the Polish Constitution the incapacitation excludes a person from the right to vote. In this part of the article the author also describes premises of partial incapacitation and its legal and social consequences. The article 3 of the provides for the right to regular, free and fair elections. The European Court of Human Rights in his judgment from the day of 20 May 2010 (case of Alajos Kiss vs. Hungary) has find out that an absolute bar on voting by any person under partial guardianship, irrespective of his or her actual faculties, disturbs the pointed above article of the Protocol. The author of the article acknowledges that provisions of art. 3 of the First Protocol to The Convention and provisions of Polish statutes that regulated problems of the right to vote do not disturb the Polish Constitution especially it’s art. 62. But there is discrepancy between the art. 3 of the Protocol and Polish statutes which exclude people under partial guardianship from the right to vote. In conclusion the author suggests establishing some changes in Polish statutes.

ubezwłasnowolnienie cenzusy wyborcze prawo wyborcze

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Author: Wojciech Mojski
Institution: Uniwersytet Marii Curie - Skłodowskiej w Lublinie
Year of publication: 2010
Source: Show
Pages: 281-290
DOI Address: https://doi.org/10.15804/ppk.2010.2-3.13
PDF: ppk/02-03/ppk2-313.pdf

Streszczenie:

The article brings up the theme of the Polish model of constitutional audit’s subject and its functions, in context of the Supreme Court Judgment – case III PZP 2/09 – related to the Constitutional Tribunal “negative and interpretational” rulings. The first part contains some theoretical (and polemical) comments on these kind of rulings in view of the meaning of terms like “law regulation”, “general legal norm” and “specific legal norm” and also relations between them. The remaining part takes into consideration legal functions of the Constitutional Tribunal rulings and also its general and specific consequences for the Polish legal system.

kontrola konstytucyjności prawa Trybunał Konstytucyjny

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Author: Marcin Dacewicz
Institution: Uniwersytet Marii Curie - Skłodowskiej w Lublinie
Year of publication: 2010
Source: Show
Pages: 291-304
DOI Address: https://doi.org/10.15804/ppk.2010.2-3.14
PDF: ppk/02-03/ppk2-314.pdf

Streszczenie:

The issue of the government in the political systems of the world is the subject of constitutionalists research for several decades. The essential factor which influences the evaluation of the political situation of the executive authority is the standpoint of the minister relations both inside the government and with other authorities. An additional differentiating feature is the separation of regime models developed in political evolution in science (but also in practice). These systems having common roots in the parliamentary system are characterized by several common elements (eg the principle of separation of powers). Each of them has developed a distinct approach to the constitutional position of the minister, which comprises the above – mentioned relationships. This text also goes to the best practices developed by (recognized in the doctrine as a model based on the unity of power) Swiss constitutional practice. In order to reach a horizon view of the minister situation it is necessary to analyze the elements specifically affecting this situation. The relationships within the executive authority should be regarded as fundamental. Here belong a way of shaping the composition of government, accountability to the Prime Minister (Chancellor), the determination of the scope of the minister competence and the minister responsibility (political and constitutional) in the context of relations with the legislature. Relationship between executive authority and legislature are the primary factors shaping the regime of the country (of course on the functional level). The importance of the political system of the country is obvious to anyone who is familiar with such concept as democracy, freedom or res publica.

ustrój państwa zasada podziału władzy minister

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