- Year of publication: 2019
- Source: Show
- Pages: 5-10
- DOI Address: -
In the modern democratic states the independent bar associations are an important guarantee of an effective right to legal aid, which is in turn an important element of the right to fair trial. In the multicentric legal system of modern democratic countries, not only constitutional norms, but also international regulations are the source of proper standards regarding the features of these self-governments. The aim of this study is to present these regulations synthetically in the universal system of the United Nations and in the European systems of the Council of Europe and the European Union.
The assessment of the degree of independence of local self-government units is one of the basic parameters defining the state from the point of view of the territorial system. In federal states such as Austria, the ambitions of federal entities in the field of imperium may cause limitation of independence of local self-government units, which underlines the importance of constitutional guarantees. The constitution of the considered federation establishes the principle of independence, however, when establishing its limits, it clearly indicates that independence is determined not only by (fairly extensive and meticulous) federal regulations, but also, and perhaps even above all, by regulations of federal entities. Thus, the Austrian Federal Constitutional Law does not prejudge the subject matter of this principle and thus the final picture of the decentralization of this state, considered through the prism of local self-government.
The aim of the article is to analyse and to evaluate the Election Code provisions in the aspect of implementing the recommendations of the Council of Europe formulated in the Code of good practices of electoral matters and to attempt to determine the legal nature of the power of attorney for voting institution. The possibility to vote in the elections by a proxy is an exception from the principle of voting in person. For a particular group of voters it is often the only possibility to participate in the elections. Proxy voting implements the principle of universal suffrage; simultaneously, however, it poses a threat to the correctness of the election process. For this reason, in accordance with the recommendations of the Council of Europe, the admissibility of a proxy voting must be subject to precise legal regulation. It is important that this institution should never become an instrument for influencing the election result easily. In the event of the local government elections, it is particularly important as single votes may decide on its result.
General local elections, including the elections of the mayors’, are very important for the local democracy. In Poland, Electoral Code regulates the requirements for the candidates for this office. One of them is not being convicted. This requirement has changed over the years and it causes legal and practical problems. The Author analyzes legal solutions in this aspect and tries to find the answer, if the applicable rules are optimal.
The article is devoted to the presentation of remarks on the relationship between the obligation of prior consultations with residents of the issue of the act of the Council of Ministers regarding the creation, merger, division and abolition of the municipality and a possible local referendum in the case. The article focuses on selected aspects of this relationship, which will allow answering a few questions and research problems, such as: what conclusions can be drawn from the legislative path of this particular statutory regulation?; what is the difference in the territorial range of consultations with residents and the local referendum, and who actually gives opinion to the Council of Ministers before issuing the regulation?; whether statutory regulations on this subject are possible and whether the municipal council’s resolution has single or multiple applications?; finally, whether the expressed opinion is binding on the Council of Ministers?
The European Territorial Self-Government Charter (Charter) was ratified by the President of the Republic of Poland on November 22, 1993 and entered into force on March 1, 1994, being one of the first sources of harmonization of EU Member States’ legislation in matters of local self-government and its units. The observance of the provisions of the Charter by its signatories is supervised by the Congress of Local and Regional Authorities, through systematic monitoring and regular dialogue with the governments of the member states of the Council of Europe. The delegation of the Congress conducted a monitoring visit in Poland on 5–7 June 2018. The draft report and recommendations in the form of a report are to be published in March 2019. The aim of the article is to analyze how the Polish authorities referred to the weaknesses identified during the previous monitoring visit, which took place in 2015. Importantly, these problems were also reflected in cases referred to the Polish Constitutional Court. It should also be noted, that although in most cases, the provisions of the Charter did not constitute a standard of control (they were not indicated by the initiator of the Tribunal’s proceedings or the proceedings in this scope were discontinued), the provisions of the constitution guarantee (if indicated in the petition of the complaint or motion) issuing a judgment consistent with the spirit of the Card.
The aim of the article is to analyze critically the institution of incapacitation under Polish law, in the light of its impact on the exclusion of electoral rights of people affected by intellectual disability and mental disorders, in relation to whom Art. 13 and 16 of the Civil Code have been applied. The automatic relationship between incapacitation of a person and the deprivation of his/her right to participate in the election, sanctioned in Art. 62 of the Constitution, shows the contradiction with the international standards to protect the rights of persons with disabilities, expressed in the agreements ratified by Poland and the case law of the ECHR, and it also stands in opposition to the demands expressed by international organizations that uphold individual rights.
As the European Code of Good Administrative Behavior states, good administration creates one of the basic human rights and creates specific ethical standards that have been regulated in ECGA and come from, among others, the case law of the Court of Justice of the European Union. The right to good administration is a specific principle of European Union law, guaranteed by Article 41 of the Charter of Fundamental Rights, and the right to protection of personal data is one of its elements (along with, among others, the right to hear and the right to impartial and fair trial). The aim of the article is to discuss the issue of the right to privacy contained in Article 12 of the UDHR, also in the context of personal data protection, but narrowed to the perspective of the right of an individual to good administration. Since the protection of personal data is not an independent/ self-existing creation, it is strictly related to the human right to privacy, therefore the article touches these two spaces.
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