Author: Radosław Zych
E-mail: radzy@doktorant.umk.pl
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
Author: Tomasz Kowalczyk
E-mail: tomas_k@wp.pl
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
Year of publication: 2012
Source: Show
Pages: 105-122
DOI Address: https://doi.org/10.15804/ppk.2012.02.06
PDF: ppk/10/ppk1006.pdf

Streszczenie:

The Polish legal system excludes certain categories of persons from the group have the right to vote (and thus they do not have the right to be elected). The Constitution of the art. Paragraph 62. 2 provides that the right to vote is not entitled to such persons deprived of their civil rights by a final court judgment, or as a result of the institution of criminal law – one from the penalty. Moreover, the 0right to vote shall not be entitled persons deprived of their voting rights by a final judgment of the Court of State. It is a spontaneous deprivation of voting rights (while leaving other public rights), a penalty adjudicated by the Court in resolving the legal liability of persons holding the highest positions in the state. The existence of the measure or criminal penalties in the literature is treated as so. „Clauses negative” because the cause deprivation of electoral rights. Moreover, these reasons for limiting the scope of these rights are regarded as „socially and morally justified”. In the catalog of punitive measures set out in art. 39 k.k. vain to seek the penalty in the form of deprivation of voting rights for public authorities. According to the wording of art. 40 § 2 k.k. it is only one of several elements that make up the substance of a measure of criminal deprivation of civil rights. Considerations made this show that the deprivation of civil rights as a criminal and the deprivation of voting rights as a punishment take on major importance for the practical implementation of symptoms and the electoral rights of these reflections are not purely theoretical.

środek karny prawa wyborcze prawa publiczne

Kontynuuj czytanie

Author: Jerzy Jaskiernia
E-mail: jerzyj@hot.home.pl
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
Year of publication: 2012
Source: Show
Pages: 125-142
DOI Address: https://doi.org/10.15804/ppk.2012.02.07
PDF: ppk/10/ppk1007.pdf

Streszczenie:

System of government of the Republic of Poland, based upon the Constitution of 2 April 1997, is considered as an appropriate. It created a base for the stable governments and alternation of power without conflicts. Since its introduction, not major government’s crisis was noted. Some tensions between President and the Premier Minister has occurred, however, during a cohabitation between President Lech Kaczyński and Premier Minister Donald Tusk (1997–2000). Controversies in the question of representation of the Republic of Poland in the European Council has been solved by the Constitutional Tribunal. It occurred however a problem, whether level of 3/5 to override presidential veto is not too high in situation, when President has backed an opposition and make impossible to fulfill the fundamental reforms introduced by the Committee of Ministers. The death of President Kaczyński make this controversies un-actual. When occasion of changes of Constitution may occurred, this problem should be analyzed in the context of rationalization of those regulation.

rząd prezydent system rządów

Kontynuuj czytanie

Author: Matthias Niedobitek
E-mail: jan.tkaczynski@wp.pl
Institution: Uniwersytet Techniczny w Chemnitz
Author: Jan Wiktor Tkaczyński
E-mail: jan.tkaczynski@wp.pl
Institution: Uniwersytet Jagielloński w Krakowie
Year of publication: 2012
Source: Show
Pages: 143-158
DOI Address: https://doi.org/10.15804/ppk.2012.02.08
PDF: ppk/10/ppk1008.pdf

Streszczenie:

It is difficult not to voice the assessment, that the „Lisbon” judgement of the Federal Constitutional Court carries all features not of the legislative decisions, but the political ones. This statement may be justified with a fact, that Tribunal’s objections are directed ultimately not towards lack of proper regulations relating to the Treaty, but against the Lisbon Treaty itself. But because its ratification should not have been stopped, the surrounding legislation has been used as an excuse to express reservations against the Lisbon Treaty. This means – from the formal point of view – both Treaty and Act Approving the Treaty are flawless. At the same time, it is difficult to forget, that the same Court, indirectly with this judgement contravened one of the fundamental of the constitutional rules, that is ban to formulate these kind of opinion which acceptance would lead to the (in this case) change of the Treaty or at least to express objection(s) according to the international law.

europejski proces integracyjny Bundesrat Bundestag Federalny Trybunał Konstytucyjny

Kontynuuj czytanie

Author: Grzegorz Maroń
E-mail: grzemar6@op.pl
Institution: Uniwersytet Rzeszowski
Year of publication: 2012
Source: Show
Pages: 159-192
DOI Address: https://doi.org/10.15804/ppk.2012.02.09
PDF: ppk/10/ppk1009.pdf

Streszczenie:

The President’s oath of office is a solemn declaration taken in the presence of the National Assembly by which a new head of state swears to be faithful to the provisions of the Constitution; to steadfastly safeguard the dignity of the Nation, the independence and security of the State, and also that the good of the Homeland and the prosperity of its citizens shall forever remain his supreme obligation. The oath of office has been taken by all Presidents of the Republic of Poland, from Gabriel Narutowicz in 1922 to Bronisław Komorowski in 2010. Over the span of 90 years the words and the form of the oath of office were subject to changes. In the interwar period, the President’s oath of office was religious in nature and was articulated in following words „I swear to Almighty God, One in the Holy Trinity”. After World War II, i.e. between 1947 and 1952, the President’s oath of office partially lost its sacral dimension, although it was still ended with obligatory Invocatio Dei. Nowadays, namely from 1992, secular oath of office may also be optionally taken with the additional sentence „So help me, God”. President’s oath of office is an example of a specific type of legal institution that originated from interaction between different normative systems. This institution combines law with morality, religion and custom. Legal relevancy of the President’s oath of office reveals itself in the fact that swearing-in is a condition which President has to fulfill to take over the office. Whereas infringement of the oath of office can be one of the grounds, rather than the only ground, for Presidential impeachment before The Tribunal of State. Swearing-in is a crucial element of Presidential inauguration. Official schedule of the first day of the Presidential term also contains taking control of the Armed Forces and receiving insignia of the two highest polish orders (The Order of the White Eagle and The Order of Polonia Restituta). The President also participates in the Eucharist held in the Archcathedral in Warsaw, which is rather a private ceremony. Characteristic of the given institution requires not only the analysis of the law but also its practice. Analysis of statues and other normative acts should be accompanied by empirical case study.

przysięga prezydent

Kontynuuj czytanie

Author: Anna Krawczyk-Sawicka
E-mail: anna.krawczyk@kul.pl
Institution: Katolicki Uniwersytetu Lubelskiego Jana Pawła II. Wydział Zamiejscowy Prawa i Nauk o Gospodarce w Stalowej Woli
Year of publication: 2012
Source: Show
Pages: 193-212
DOI Address: https://doi.org/10.15804/ppk.2012.02.10
PDF: ppk/10/ppk1010.pdf

Streszczenie:

The Constitution, as the basic law, limits arbitrariness of legislators enacting executive acts concerning the tax law. In the process of interpretation of the tax law, special attention should be paid to Articles 84 and 217 of the Constitution of the Republic of Poland of 1997. Pursuant to Article 84 of the Polish Constitution „Everyone shall comply with his responsibilities and public duties, including the payment of taxes, as specified by statute.” The above-mentioned Article introduces the principle of equality and universality of taxation, which signifies the right of the state to impose financial duties on certain subjects, without the corresponding obligation on the part of the state. This right results from the state authority and binding decisions of the competent state organ. Furthermore, Article 217 of the Constitution stipulates that: „The imposition of taxes, as well as other public imposts, the specification of those subject to the tax and the rates of taxation, as well as the principles for granting tax reliefs and remissions, along with categories of taxpayers exempt from taxation, shall be by means of statute.” It follows from the quoted Article that the whole process of shaping the tax law and imposing duties on citizens is controlled by the state which exercises its authority by means of enacting laws exclusively by the Parliament. The principle of legislation exclusivity specified in the discussed Article 217 of the Polish Constitution of 1997 and mentioned in Article 84 of the Constitution, refers directly to the imposition powers of the state which determines the way of charging public duties by the legislator, taking into account the contents and mode of their imposition. Therefore, any kind of legislator’s interference with financial matters of citizens can occur only in the form of a legal act fulfilling the contents requirements specified by the Constitution.

zasada równości i powszechności opodatkowania władztwo daninowe podatki i ciężary publiczne

Kontynuuj czytanie

Author: Tomasz Moll
E-mail: tomaszpoczta@interia.pl
Institution: Górnośląska Wyższa Szkoła Handlowa im. Wojciecha Korfantego w Katowicach
Year of publication: 2012
Source: Show
Pages: 213-234
DOI Address: https://doi.org/10.15804/ppk.2012.02.11
PDF: ppk/10/ppk1011.pdf

Streszczenie:

In accordance with art. 166 it. 2 of the Constitution83 if it results from the justified needs of the state, an act can order the territorial government bodies to execute different public tasks. The act shall specify the manner of transmitting and manner of execution of the ordered tasks. The ordered tasks can be imposed on the territorial government bodies beyond the act also on the basis of arrangement with the government administration body or other territorial government body. Text regarding the administrative arrangement includes the attempt at defining the notion, in particular by indicating of its significant characteristics, as well as comparing the administrative arrangement with municipal understanding. Legal bases for administrative arrangement were indicated, as well as discrepant opinions on the legal character of these arrangements presented in the legal literature. The subject matter of administrative arrangement is cooperation of independent entities ordered by the law and rules, undertaken in order to realize a desirable situation. Entering into administrative arrangement shall cause voluntary resignation from specified tasks and competences by the voivode for the benefits of the specified bodies. Entrusting of tasks to the commune by the voivode should be connected with transfer of competences necessary for execution of these tasks. Doubtless benefit of administrative arrangement is the possibility of adjustment of realities of execution of specified tasks to the local needs and bringing the tasks which are the subject matter of the arrangement closer to the inhabitants, in particular those, which seem to be of local character./p>

zadania publiczne zadania zlecone samorząd terytorialny

Kontynuuj czytanie

Author: http://czasopisma.marszalek.com.pl/images/pliki/ppk/10/ppk1001.pdf
E-mail: anna.sobaczewska@gmail.com
Institution: Uniwersytet Łódzki
Year of publication: 2012
Source: Show
Pages: 240-243
DOI Address: https://doi.org/10.15804/ppk.2012.02.13
PDF: ppk/10/ppk1013.pdf

Streszczenie:

Author: Sylwia Jarosz-Żukowska
E-mail: sylwiajarosz@wp.pl
Institution: Uniwersytet Wrocławski
Author: Agnieszka Łukaszczuk
E-mail: sylwiajarosz@wp.pl
Institution: Uniwersytet Wrocławski
Year of publication: 2012
Source: Show
Pages: 250-254
DOI Address: https://doi.org/10.15804/ppk.2012.02.15
PDF: ppk/10/ppk1015.pdf

Streszczenie:

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart