Author: The Editors
Year of publication: 2019
Source: Show
Pages: 501-511
DOI Address: -
PDF: ppk/52/ppk52auth.pdf

Streszczenie:

Author: The Editors
Year of publication: 2019
Source: Show
Pages: 491-500
DOI Address: -
PDF: ppk/52/ppk52dex.pdf

Streszczenie:

Author: The Editors
Year of publication: 2019
Source: Show
Pages: 5-14
DOI Address: -
PDF: ppk/52/ppk52toc.pdf

Streszczenie:

Author: Artur Trubalski
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0001-8020-9178
Year of publication: 2019
Source: Show
Pages: 17-27
DOI Address: https://doi.org/10.15804/ppk.2019.06.01
PDF: ppk/52/ppk5201.pdf

Streszczenie:

The paper aims to analyze systems of governance in modern democratic states in terms of distinguishing presidential-parliamentary system and to identify its characteristics. The considerations are to lead to a closer description of this mixed system of govern- ment and to indicate its model features. To this end, the author compared the elements that make up the government systems in Portugal and Romania, considering also the features of the parliamentary system and the system of presidential (semi-presidential) governments established in the study of constitutional law.

system rządów parlamentarnoprezydenckich mieszane systemy rządów system rządów parlamentarnych system rządów prezydenckich systemy rządów

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Author: Małgorzata Grzesik-Kulesza
Institution: Państwowa Wyższa Szkoła Techniczno-Ekonomiczna
ORCID: https://orcid.org/0000-0002-9855-9181
Year of publication: 2019
Source: Show
Pages: 29-37
DOI Address: https://doi.org/10.15804/ppk.2019.06.02
PDF: ppk/52/ppk5202.pdf

Streszczenie:

Due to the Constitution of 1952, the Council of State gained the status of the supreme organ of state power which was to strengthen the control of the Sejm over the govern- ment between the sessions. It operated on a collegial basis and its composition reflect- ed the political face of the Sejm. The Council of State has received a wide range of com- petences, including very significant power to issue decrees with the force of law, which meant that in certain periods it became the main legislator limiting the legislative ac- tivity of the Sejm. Thanks to decree-making activities, it had a huge impact on the shap- ing and functioning of legal system. In practice, it also took over control rights over the government. Due to the real nature of this body in the system of state organs, it can be stated that the political purpose for which the Council of State was established has been significantly expanded.

prawodawca dekret naczelny organ państwowy emancja Sejmu Rada Państwa

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Author: Tomasz Litwin
Institution: Akademia Ignatianum w Krakowie
ORCID: https://orcid.org/0000-0001-6956-6959
Year of publication: 2019
Source: Show
Pages: 39-51
DOI Address: https://doi.org/10.15804/ppk.2019.06.03
PDF: ppk/52/ppk5203.pdf

Streszczenie:

The Polish Constitution from 1921 established the bicameral model of the parliament composed of Sejm and Senate. The Article 35 para. 2 of the Constitution clearly sanc- tioned the right of the Senate to reject the whole draft of the bill adopted by the Sejm. However, neither this rule nor any other rule of the Constitution precised the conse- quences of such practice. This loophole in the constitutional rules caused controver- sies among constitutional law experts from that time and remains controversial even at present. The main aim of the article written within the constitutional-legal perspective is to present the position of the most prominent legal experts and the position of the au- thor on the analyzed issue.

bikameralizm senat konstytucja Sejm

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Author: Joanna Juchniewicz
Institution: Uniwersytet Warmińsko-Mazurski w Olsztynie
ORCID: https://orcid.org/0000-0002-7837-0963
Year of publication: 2019
Source: Show
Pages: 53-61
DOI Address: https://doi.org/10.15804/ppk.2019.06.04
PDF: ppk/52/ppk5204.pdf

Streszczenie:

Sejm committees are internal, collegiate bodies of the Sejm, the establishment of which is required by the Basic Law. The regulations in force, which set the number of standing parliamentary committees (29), allow to state that we are currently dealing with a com- plex structure. Standing committees are formed to consider and prepare cases which are the subject of the Sejm’s work, to express opinions in laws delegated to the Sejm, the Marshal of the Sejm or the Presidium of the Sejm, as well as to perform control tasks. The spheres of activity of Sejm committees are analyzed in the broader context of legis- lative, control or creative functions.

komisje stałe komisje organy Sejmu Sejm

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Author: Andrzej Bałaban
Institution: Uniwersytet Szczeciński
ORCID: https://orcid.org/0000-0003-3187-8329
Year of publication: 2019
Source: Show
Pages: 63-76
DOI Address: https://doi.org/10.15804/ppk.2019.06.05
PDF: ppk/52/ppk5205.pdf

Streszczenie:

The paper addresses the interpretation of the concept of local law issued by local gov- ernment, included in the Constitution of the Republic of Poland of 2 April 1997. Local law of territorial self-government, against authorizations of other law-making organs, features a broad spectrum of possibilities, from implementing acts to legislation differ- ent than statute, which depends on a specific statutory authorization that must carry out the constitutional principle of decentralization of public power under Article 15 and the principle of transferring to the local government of a substantial part of public du- ties under Article 16.

stanowienie prawa gminnego ustawowe upoważnienie zasada pomocniczości

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Author: Mateusz Pękala
Institution: Akademia Ignatianum w Krakowie
ORCID: https://orcid.org/0000-0002-1389-2664
Year of publication: 2019
Source: Show
Pages: 77-91
DOI Address: https://doi.org/10.15804/ppk.2019.06.06
PDF: ppk/52/ppk5206.pdf

Streszczenie:

Article presents the conclusions resulting from a qualitative analysis of speeches giv- en by the Prime Ministers of Poland: Beata Szydło (2015) and Mateusz Morawiecki (2017). The aim of the study was to reconstruct the assumptions concerning public policy, including legal policy and issues related to the state system. The application of qualitative content analysis made it possible to determine, i.a. the main autotel- ic and instrumental values of the Polish legal system, as well as to identify the most important social objectives and ways of their implementation. The analysis of the speeches shows the dilemmas and challenges currently faced by decision-makers in Poland: political and social conflicts, legislative inflation, the need to increase ef- ficiency in public governance, supporting social capital. The main instruments for achieving social goals are: adoption of legal acts (laws and regulations) and the use of economic incentives.

zarządzanie publiczne polityka prawa jakościowa analiza treści expose polityka publiczna

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Author: Radosław Grabowski
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-3362-7363
Year of publication: 2019
Source: Show
Pages: 93-102
DOI Address: https://doi.org/10.15804/ppk.2019.06.07
PDF: ppk/52/ppk5207.pdf

Streszczenie:

The political involvement of media may raise doubts, particularly when these are the cas- es of political bias. Many Polish journalists perceive this phenomenon critically and try to counteract it, creating codes of journalistic ethics. Their impact, however, is not com- mon, so they remain ineffective. This problem should be considered while analyzing the Polish constitutional provisions and laws. None of the provisions of the Polish Consti- tution of 1997 does prohibit journalists or media political commitment. Media in Po- land have but to fulfill an important function of informing the sovereign (nation) about all the activities of public authorities. To this end, the legal standards guarantee media freedom of action. Associated with the position of media power is to serve social objec- tives, which is to provide information. Legal norms do not require neutrality, nor do they impose political commitment. It should also be remembered that media are a part of the Polish political system.

stronniczość czwarta władza apolityczność Konstytucja RP z 1997 r. media

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Author: Ryszard Balicki
Institution: Uniwersytet Wrocławski
ORCID: https://orcid.org/0000-0002-9192-908X
Year of publication: 2019
Source: Show
Pages: 103-112
DOI Address: https://doi.org/10.15804/ppk.2019.06.08
PDF: ppk/52/ppk5208.pdf

Streszczenie:

The article presents one of the institutions of international cooperation of the member states of the European Union – Conference of Parliamentary Committees for Union Af- fairs of Parliaments of the European Union (COSAC). COSAC is an important element of the so-called parliamentary diplomacy. The article presents the reasons for the creation of the Conference and the principles of its functioning, as well as impact on the implementa- tion of the control function of national parliaments in regard to their own executive bodies.

funkcję kontrolna parlamentu parlamenty narodowe COSAC władza wykonawcza Unia Europejska

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Author: Hanna Wiczanowska
Institution: Uniwersytet im. Adama Mickiewicza w Poznaniu
ORCID: https://orcid.org/0000-0002-0224-3677
Year of publication: 2019
Source: Show
Pages: 113-126
DOI Address: https://doi.org/10.15804/ppk.2019.06.09
PDF: ppk/52/ppk5209.pdf

Streszczenie:

The aim of this article is to resolve an issue whether the Article 17 of the European Con- vention on Human Rights (further referred to as ECHR) contradicts the principle of le- gality within the judicial practice of the European Court of Human Rights (referred to as ECtHR). The significance of the presented topic does not lie solely within the sphere of academic considerations, but remains of great value for ensuring an adequate level of protection within the Strasbourg system. Moreover, the establishment of the boundar- ies of implementation of Article 17 ECHR is crucial for providence of legal certainty for all its addressees: individuals, states and the groups of persons. The author of present- ed paper poses the hypothesis that the manner of practical usage of Article 17 ECHR leads to contradiction of the principle of legality which remains the core for the rule of law concept. The article relies on the legal dogmatic method as well as elements of his- toric and comparative analysis.

zasada rule of law zakaz nadużycia praw legalizm art. 17 EKPC ETPC

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Author: Anna Marcisz-Dynia
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-2117-0685
Year of publication: 2019
Source: Show
Pages: 127-140
DOI Address: https://doi.org/10.15804/ppk.2019.06.10
PDF: ppk/52/ppk5210.pdf

Streszczenie:

The subject of the study is to analyze EU citizens’ right to court in the light of the pro- cedural regulations of the court of Justice and the General Court included in the CJEU Statute and court regulations. The study analyzes also, to a necessary extent, the body of previous judicial decisions of CJEU as well as the provisions of relevant acts of deriv- ative law concerning the issues in question. Considering the complexity of the analyzed subject and the limitations of the size of the present study, the focus was put on ques- tions related to legal aid and rules of representation. Upon through analysis, the study confirms that in proceedings before EU courts EU citizens have limited possibilities in the scope of the capacity to act in legal proceedings, which constitutes one of the most basic factors limiting their right to court.

akty prawa pochodnego Statut TSUE, regulamin Trybunał i Sądu prawo do sądu

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Author: Kamila M. Bezubik
Institution: Uniwersytet w BIałymstoku
ORCID: https://orcid.org/0000-0002-2572-334X
Year of publication: 2019
Source: Show
Pages: 141-155
DOI Address: https://doi.org/10.15804/ppk.2019.06.11
PDF: ppk/52/ppk5211.pdf

Streszczenie:

Members of the Bundestag enjoy parliamentary immunity under the Basic Law. The mem- ber may be held liable or arrested for an offense punishable by criminal law only if the Bundestag permits it and waives the member’s immunity, unless the member is caught red-handed or on the following day. Since the majority rule also applies here, the deci- sion to waive immunity is decided by the governing majority. This raises the question, especially on the part of members of individual opposition parties, to what principles the Bundestag is subject to when deciding whether or not to waive the immunity of a mem- ber of the Bundestag. The Bundestag’s reservation of permission (Genehmigungsvorbe- halt) to conduct criminal proceedings according with the jurisprudence of the Federal Constitutional Court serves primarily the benefit of the parliament as a whole. The sub- jective rights of members of the Bundestag to certain conduct of the Bundestag cannot be derived directly from the Article 46 (2) of the Basic Law. However, pursuant to the second paragraph of Article 46 in conjunction with the second sentence of the Article 38 (1) of the Basic Law, a member of the Bundestag may demand that the Bundestag, deciding whether or not to waive his or her immunity, not be guided by unreasonable and arbitrary motives.

Federalny Sąd Konstytucyjny Regulamin Bundestagu Ustawa Zasadnicza immunitet

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Author: Gabriela Dobrovičová
Institution: Uniwersytet Pavla Jozefa Šafárika w Koszycach
ORCID: https://orcid.org/0000-0002-9314-4022
Year of publication: 2019
Source: Show
Pages: 157-164
DOI Address: https://doi.org/10.15804/ppk.2019.06.12
PDF: ppk/52/ppk5212.pdf

Streszczenie:

This paper analyzes the power of the Constitutional Court of the Slovak Republic (here- inafter only as “Constitutional Court”) to provide legal interpretation of the Constitu- tion or of constitutional acts, to ensure the solution of disputes between governmental bodies applying the Constitution of the Slovak Republic. The analysis of the individual decisions confirms that it is not possible to determine that the purpose of these proceed- ings is fulfilled. The author further states that even after the judgement of the Constitu- tional Court, the appointing powers of the president in cooperation with other consti- tutional bodies remain an open problem.

ogólnie wiążący charakter wykładni wykładnia konstytucji lub aktów konstytucyjnych uprawnienie Sądu Konstytucyjnego Republiki Słowackiej

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Author: Joanna Marszałek-Kawa
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
ORCID: https://orcid.org/0000-0002-4201-8028
Author: Michał Dahl
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
ORCID: https://orcid.org/0000-0003-2803-2648
Year of publication: 2019
Source: Show
Pages: 165-183
DOI Address: https://doi.org/10.15804/ppk.2019.06.13
PDF: ppk/52/ppk5213.pdf

Streszczenie:

The purpose of this paper is to verify the thesis that the right to vote is one of the most significant fields of Indigenous Peoples Rights’ violations. History of the U.S. relations with Native tribes is a history of broken treaties and promises, including these pertain- ing to voting. It is vital to keep track of issues related to voting rights, not only because of the constantly increasing number of court cases related to this issue, but also several legal initiatives proposed in Congress with the aim to make the right to vote more ap- plicable. The first part of the paper enumerates the main reasons for the denial of In- dian Voting Rights. It is followed by the explanation how these limitations were imple- mented. The third part of the work describes how the Indigenous Americans struggled to receive the right to vote. However significant the moment of gaining the right was, it did not put an end to their struggle for equal treatment. On the contrary, a list of court cases based on Voting Rights Act violations is still extending, which is described in the fourth part of the paper. The fifth part examines contemporary issues regarding the Na- tive Americans’ right to vote.

naruszenie prawa głosu prawo ludności rdzennej do głosowania prawa głosu rdzenni Amerykanie

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Author: Jaroslaw Matwiejuk
Institution: Uniwersytet w BIałymstoku
ORCID: https://orcid.org/0000-0001-6346-330X
Year of publication: 2019
Source: Show
Pages: 185-198
DOI Address: https://doi.org/10.15804/ppk.2019.06.14
PDF: ppk/52/ppk5214.pdf

Streszczenie:

The Republic of Tajikistan gained independence in consequence of the break-up of the Soviet Union and, for the first time in its history, had started to build a constitutional system modeled after democratic states. Tajikistan’s system of government is governed by the constitution adopted on November 6, 1994 in a national constitutional referen- dum. The country’s constitutional system is evolving. Its constitution has been amend- ed three times so far. The changes affected the legal position of the head of state, were intended to allow the incumbent President to remain in power, and were made before an upcoming presidential election. The amendments to the constitution included trans- formation of the parliament into a bicameral parliament, introduction of a presidential form of government, and a number of other important changes. All amendments to the constitution were approved by the nation in a national referendum. The constitution- al system appears to be stable but may evolve further. The question that remains is: In which direction will it evolve?

parlament (Madżli- si Oli) Republika Tadżykistanu prezydent konstytucja referendum

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Author: Anna Hadała-Skóra
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0002-6432-5651
Year of publication: 2019
Source: Show
Pages: 199-210
DOI Address: https://doi.org/10.15804/ppk.2019.06.15
PDF: ppk/52/ppk5215.pdf

Streszczenie:

This article is devoted to one of the classic functions of the legislature, which is the con- trol function. In the first part of the elaboration the author focuses on the characteriza- tion of such concepts as control, parliamentary control and the control function regard- ing doctrinal level. The rest of the article deals with the specific competences by which the Congress of the Senate of the United States of America participates in the perfor- mance of the parliamentary control function.

Stany Zjednoczone Ameryki funkcja kontrolna druga izba parlamentu senat

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Author: Renata Świrgoń-Skok
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-2635-6462
Author: Małgorzata Trybus
Institution: Uniwersytet Rzeszowski
Year of publication: 2019
Source: Show
Pages: 211-221
DOI Address: https://doi.org/10.15804/ppk.2019.06.16
PDF: ppk/52/ppk5216.pdf

Streszczenie:

The aim of this article is to present the development and structure of the judiciary in the Vatican City State, which is an absolute and elective monarchy, while the Supreme Pon- tiff of the Universal Church enjoys full legislative, executive and judicial power. In turn, the system of public authorities’ power has a complex structure and is completely differ- ent from the construction of the political system in other countries. This in turn implies the original judicial structure in the Vatican City State.

sędzia sąd władza sądowa Państwo Miasto Watykan

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Author: Monika Urbaniak
Institution: Poznań University of Medical Sciences
ORCID: https://orcid.org/0000-0002-1361-7750
Year of publication: 2019
Source: Show
Pages: 223-235
DOI Address: https://doi.org/10.15804/ppk.2019.06.17
PDF: ppk/52/ppk5217.pdf

Streszczenie:

The Italian Constitutional Court spoke on numerous occasions about the provisions of the Concordat concluded between the Italian Republic and the Roman Catholic Church. Up to the 1970s, the Constitutional Court had ruled for the most part on constitutionality of solutions regarding the Catholic religion. In this period of time the Constitutional Court issued rulings that were very important for the relation between the state and the Church. The article analyzes three significant sentences issued on March 1, 1971 regarding the institution of matrimony, as well as the sentence of July 8, 1971 in which the Constitutional Court resolved the constitutionality of the law allowing church marriages to be dissolved by the Italian civil courts. These rulings are very important due to the fact that the Italian Constitutional Court has referred to them on numerous occasions in the subsequent sentences, in which it considered the issue of the contradiction between the Concordat norms and the Constitution.

concordat freedom of religion courts constitutional court

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Author: Andrzej Jackiewicz
Institution: University of Białystok
ORCID: https://orcid.org/0000-0001-6957-3139
Year of publication: 2019
Source: Show
Pages: 237-251
DOI Address: https://doi.org/10.15804/ppk.2019.06.18
PDF: ppk/52/ppk5218.pdf

Streszczenie:

The article attempts to analyze the significance of the Sixth State Reform in the context of the evolution of the federal system in Belgium. The origins and the assumptions of this reform are analyzed, its main areas are presented, and then the systemic changes are evaluated. The deliberations, which took a broad account of the statements of representatives of the Belgian science of public law, lead to the conclusion that the reform, on the one hand, may be regarded as a kind of Copernican revolution in politics, but on the other hand, it is a missed opportunity to unravel the complicated paths of the Belgian federalism. The conclusions also indicate possible projections of the directions of the evolution of the political system in Belgium, concluding that the reform does not settle the directions of further development and the changes in this extremely sublime, though not necessarily clear, territorial structure of the country. However, it seems to be certain that this is not the last reform.

Sixth State Reform Belgium federalism

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Author: Cyprian Liske
Institution: Jagiellonian University
ORCID: https://orcid.org/0000-0001-8701-3581
Year of publication: 2019
Source: Show
Pages: 253-266
DOI Address: https://doi.org/10.15804/ppk.2019.06.19
PDF: ppk/52/ppk5219.pdf

Streszczenie:

The upcoming withdrawal of the United Kingdom from the European Union is a source of tensions within the political system of the UK. Devolution is most likely to be affected by Brexit which can lead to conflicts between the UK as a whole and Scotland as its part. The Sewel Convention is a political constitutional norm establishing non-legal rules of cooperation between these two political bodies. Despite having been written in a statute, the Sewel Convention remains unenforceable by the courts. Nonetheless, the political consequences of diminishing it may be severe. The discrepancy between the political strength of Scottish nationalism, confirmed in the latest general election, and constitutional lack of Scottish “voice” in regard to Brexit may lead to a severe political crisis within the UK.

British constitution the Sewel Convention the United Kingdom Brexit Scotland

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Author: Karol Piękoś
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0003-4545-5909
Year of publication: 2019
Source: Show
Pages: 267-279
DOI Address: https://doi.org/10.15804/ppk.2019.06.20
PDF: ppk/52/ppk5220.pdf

Streszczenie:

Due to contemporary political conditions, there is a number of geopolitical entities outside the states that are not internationally recognized as states, due to a number of sociological, legal, historical and political factors. The world’s changes may contribute to the changes of the status of non-state geopolitical units. Authorities from unrecognized states have been making efforts for many years to recognize members of the international community as full, but this is a difficult task. Also, in the societies of dependent territories, the need for change is more and more often considered to be crucial, because it is very important for their future. There is no doubt that contemporary international relations constitute an interesting research field, if only due to the problems of recognition and lack of recognition of the states undertaken in the following considerations.

international community dependent territory] unrecognized states state international relations

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Author: Przemysław Maj
Institution: University of Rzeszow
ORCID: https://orcid.org/0000-0002-5151-5464
Year of publication: 2019
Source: Show
Pages: 281-297
DOI Address: https://doi.org/10.15804/ppk.2019.06.21
PDF: ppk/52/ppk5221.pdf

Streszczenie:

The present paper aims to demonstrate that the political changes observed in some countries of Western civilization, including Poland, questioning some of the principles of liberal democratic order, originate from the reconfiguration of the systems of social values. Axiological reshuffles result from emerging threats to existential (right-wing) values. The theoretical basis of the analysis is the model of social values developed by the author based on the matrix of basic human values by Shalom H. Schwartz.

changes of social values transformation of democracy matrix of meta-values illiberal democracy

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Author: Anna Frankiewicz-Bodynek
Institution: University of Opole
ORCID: https://orcid.org/0000-0003-1304-9383
Year of publication: 2019
Source: Show
Pages: 299-314
DOI Address: https://doi.org/10.15804/ppk.2019.06.22
PDF: ppk/52/ppk5222.pdf

Streszczenie:

The paper is not intended to be a complex determination of the obligations of the Republic of Poland toward cultural heritage and cultural goods being a part of the world heritage of mankind. Its role is to indicate what has been regulated expressis verbis in the Constitution of the Republic of Poland. The thesis of the paper is that the Constitution stipulates two – different in terms of their scope – catalogues of “goods of culture”. Article 73 encompasses broadly understood goods of Polish, European and world’s culture. Article 6 sec. 1 encompasses “only” goods of the culture which is the source of identity of the Polish nation, its continuation and development. To make the whole complete, it has been indicated what kind of obligations had been imposed on the bodies of public authorities toward each of the identified catalogues of goods of culture and what kind of concept of nation implicates a wider catalogue of obligations of public authorities toward the “goods of national culture”.

equal access to cultural goods to benefit from cultural goods national treasure cultural objects cultural goods national identity

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Author: Robert Orłowski
Institution: Maria Curie-Skłodowska University in Lublin
ORCID: https://orcid.org/0000-0001-8692-8739
Year of publication: 2019
Source: Show
Pages: 315-328
DOI Address: https://doi.org/10.15804/ppk.2019.06.23
PDF: ppk/52/ppk5223.pdf

Streszczenie:

Time limits are a normative approach to time, the passing of time is then a legal event (an element of a legal event). The provisions of the 1997 Constitution repeatedly use different types of time limits, but do not indicate how they are calculated. It seems that the time limits specified in days, months and years should be calculated according to computatio civilis, thus taking into account certain conventional rules. Such a time limit ends at the end of the last day of the time limit, but usually starts at the beginning of the day following the day the event, with which the legal provision relates the beginning of the time limit, occurred. Time limits determined using shorter time units (e.g. in hours) should be calculated according to computatio naturalis, i.e. strictly from one moment to another. Such conclusions can be reached using various methods of interpretation, but the most appropriate seems to be the use of analogy from the law.

the Sejm term of office legislative proceedings time limit calculation time limit legal event time Constitution

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Author: Elżbieta Ura
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0001-6896-6790
Year of publication: 2019
Source: Show
Pages: 229-339
DOI Address: https://doi.org/10.15804/ppk.2019.06.24
PDF: ppk/52/ppk5224.pdf

Streszczenie:

The aim of the study is to draw attention to the principle of sustainable development, which is contained in the Article 5 of the Constitution of the Republic of Poland. As a constitutional value, it certainly refers to such goods as ensuring environmental protection and protection of human and civil rights. It is a systemic principle and its main purpose is to oblige public authorities to undertake specific socio-economic and political activities taking into account present and future generations. This principle is analyzed in many sciences, most often in economic and administrative-legal terms. There is no single, legal definition of this principle, which would allow for the uniformity of interpretation of the legal provisions referring to its application and observance.

principle of sustainable development Constitution of the Republic of Poland

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Author: Małgorzata Babula
Institution: Department of Constitutional Law and International Relations of the Higher School of Law and Administration Rzeszów School of Higher Education
ORCID: https://orcid.org/0000-0001-5570-1814
Year of publication: 2019
Source: Show
Pages: 341-354
DOI Address: https://doi.org/10.15804/ppk.2019.06.25
PDF: ppk/52/ppk5225.pdf

Streszczenie:

The presented results relate to the study conducted in the period from December 2018 to March 2019, as part of the project “Law and the Economy. Challenges for Poland”2. According to the latest statistics, the role of NGOs is very important from a social point of view. In the context of public trust, the situation of NGOs appears much better than, e.g. the situation of the government. Edelman Trust Barometer (2018) results show that 54% of the Polish society trusts NGOs. The business sector comes second (43%), media – third (34%), and the government – fourth and last (25%). By its definition, the non-governmental sector plays the role of a free electron between society and the broadly understood state. However, due to the fact, that the scope of activities of NGOs in social space is significant, and even some tasks of the government sector are carried out by non-governmental organizations, it was justified to verify the public awareness of their functioning. The aim of the research was to verify how such a high trust index translates into social awareness within the area of NGOs

public benefit organizations associations foundations, NGO’s

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Author: Anna Pięta-Szawara
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0002-7237-295X
Year of publication: 2019
Source: Show
Pages: 355-366
DOI Address: https://doi.org/10.15804/ppk.2019.06.26
PDF: ppk/52/ppk5226.pdf

Streszczenie:

The paper discusses participatory budgeting as one of the institutions of direct democracy and a form of co-decision of residents in the process of spending public funds at the disposal of local government units. Its essence is the activation of citizens, building trust and cooperation between the authorities and the inhabitants, as well as the implementation of the principles of equality and social justice. The significance of the participatory budgeting as a new form of influence on the decisions of the local government apparatus is not so much about ensuring citizens participation in managing public finances as it is primarily about education and increasing public awareness in the area of democratization of local government. The participatory budgeting in Poland was considered in the view of models of democracy: direct, representative (conventional) and participatory.

participatory democracy the citizens’ budget institutions of direct democracy public participation participatory budgeting

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Author: Paulina Glejt-Uziębło
Institution: University of Gdansk
ORCID: https://orcid.org/0000-0001-6482-5253
Year of publication: 2019
Source: Show
Pages: 367-383
DOI Address: https://doi.org/10.15804/ppk.2019.06.27
PDF: ppk/52/ppk5227.pdf

Streszczenie:

The citizens’ panel is one of the instruments of deliberative democracy, which has been recently implemented in Poland. Its essence is manifested in the creation of a representative group of residents, which, after acquiring knowledge on a given topic, prepare recommendations constituting a solution to a given problem. The current legal solutions concerning the citizens’ panel in Poland are primarily governed by local law. They vary not only in content, but also in legal forms, initiators, methods of appointing experts and even the very concept of the “citizens’ panel”. This article attempts to show these differences in current Polish regulations. The considerations on the citizens’ panel are followed by conclusions de lege ferenda which aim to improve the current legislative solutions.

citizens’ panel public participation deliberative democracy

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Author: Agnieszka Gajda
Institution: University of Gdansk
ORCID: https://orcid.org/0000-0003-1348-174X
Year of publication: 2019
Source: Show
Pages: 385-393
DOI Address: https://doi.org/10.15804/ppk.2019.06.28
PDF: ppk/52/ppk5228.pdf

Streszczenie:

The article presents the problem of refusal to provide a service due to the service provider’s freedom of conscience and religion. In practice, it raises many problems. Protection resulting from the Article 138 of the Code of Petty Offenses was aimed at preventing discrimination against people who want to use the services provided by professionals. In 2019 the content of this provision has been changed by a decision of Polish Constitutional Tribunal (case No. K 16/17). The author claims that the invocation of professed principles of faith and conscience should not automatically be regarded as discrimination. The prohibition of forcing to act contrary to the conscience or professed principles of faith is an emanation of human dignity.

refusal to provide the service freedom to manifest one’s religion freedom of conscience and religion

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Author: Marta Michalczuk-Wlizło
Institution: Maria Curie-Skłodowska University in Lublin
ORCID: https://orcid.org/0000-0002-2107-8814
Year of publication: 2019
Source: Show
Pages: 395-406
DOI Address: https://doi.org/10.15804/ppk.2019.06.29
PDF: ppk/52/ppk5229.pdf

Streszczenie:

The Constitution in Article 118 (2) granted the group of at least one hundred thousand citizens the right to submit a citizens’ bill and initiate the legislative process in the Polish parliament. Due to the formalized mode of implementation of the constitutional right of citizens to submit draft bills, this form of initiating the legislative process constitutes a negligible percentage compared to the number of submitted drafts by other authorized entities. Sometimes, the submitted projects concern controversial matters, arousing emotions and distorting public opinion. An example of such a draft is the citizens’ bill proposed in the 8th term of the Sejm, amending the Act of 7 January 1993 on family planning, protection of the human fetus and conditions for the admissibility of termination of pregnancy (Sejm print 2146). The article analyzes the legislative process of the project.

Sejm of the 8th term termination of pregnancy citizens’ legislative initiative direct democracy

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Author: Aneta Kowalczyk
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0002-5029-863X
Year of publication: 2019
Source: Show
Pages: 407-413
DOI Address: https://doi.org/10.15804/ppk.2019.06.30
PDF: ppk/52/ppk5230.pdf

Streszczenie:

A right to collective bargaining is a consequence of freedom of assembly and at the same time one of the most significant demonstrations of trade union liberty. The Constitution of the Republic of Poland does not define the concept of collective bargaining, but introduces guarantees of a right to bargain. A broad approach to collective bargaining represents the core of it and is consistent with the Polish legislator’s intentions. Thus, a concept of collective bargaining should include any and all negotiations between an employer, a group, an organization or organizations of employers and a trade union or trade unions held in order to set forth the terms and conditions of employment or to manage relations between employers or between employers and their organizations and trade unions. Resolution of collective disputes as a power of trade unions addressed by the author in this study accounts for one of the demonstrations of a right to collective bargaining.

trade union monopoly collective disputes bargaining, trade unions

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Author: Katarzyna Mojska
Institution: Maria Curie-Skłodowska University in Lublin
ORCID: https://orcid.org/0000-0002-3382-7325
Author: Wojciech Mojski
Institution: Maria Curie-Skłodowska University in Lublin
ORCID: https://orcid.org/0000-0002-4802-3346
Year of publication: 2019
Source: Show
Pages: 415-431
DOI Address: https://doi.org/10.15804/ppk.2019.06.31
PDF: ppk/52/ppk5231.pdf

Streszczenie:

The summer 2019 in Poland was hot and dry. A similar trend was also observed in previous years, so Poles partly got used to the view of extremely low levels of rivers. But at the beginning of June, Skierniewice – a town of 47 000 people, ran out of water. Similar situations, which are expected to happen in Poland repeatedly, undermine the social sense of security, indicating that access to water may be at risk and it cannot be taken for granted. They also trigger discussion on the state’s responsibility to secure water of adequate quality and quantity to meet social and environmental water-related needs, in other words – to provide water security. The purpose of this article is to analyze a complex issue of “water security” in Poland, through the lenses of its general constitutional conditions. The article is divided into four sections. The first section considers the concept of “water security” as a theoretical framework and increasingly significant water governance paradigm; the second one briefly outlines the most pressing water security problems in Poland; the third one is focused on the constitutional characteristics of water security as a special task norm of the Polish basic law; finally, the fourth section analyzes water security as the constitutional right of an individual.

water security Constitution Poland

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Author: Sabina Grabowska
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0003-0530-708X
Year of publication: 2019
Source: Show
Pages: 433-444
DOI Address: https://doi.org/10.15804/ppk.2019.06.32
PDF: ppk/52/ppk5232.pdf

Streszczenie:

The subject of the article is an analysis of the concept of security functioning in the Polish constitution of 1997. The author presents the views of the doctrine and constitutional regulations in this respect. It also divides the concept of security according to several criteria: subjective, objective and sources of threats.

internal and external security, state security Polish constitution

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Author: Katarzyna Doliwa
Institution: University of Bialystok
ORCID: https://orcid.org/0000-0001-8583-8379
Year of publication: 2019
Source: Show
Pages: 445-458
DOI Address: https://doi.org/10.15804/ppk.2019.06.33
PDF: ppk/52/ppk5233.pdf

Streszczenie:

The article aims at reconstructing the defense of utilitarianism, a philosophical doctrine being the basis for legal positivism (which is the foundation of the constitutional concept of sources of law), undertaken by H.L.A. Hart. Hart took up this defense in the face of a significant increase in the interest of legal theorists in concepts related to natural law. Discussing the views of his master, J. Bentham, Hart also expresses his own deep doubts about the ideology of natural law, the adoption of which leads to the rejection of legal positivism deeply rooted in utilitarianism. Presented more than four decades ago, Hart’s remarks remain relevant today; modern thinkers still search an appropriate, other than referring to natural law, philosophical justification for a specific code of fundamental human rights.

legal positivism H.L.A. Hart utilitarianism natural rights

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Author: Michał Zbigniew Dankowski
Institution: Kolegium Jagiellońskie – Toruńska Szkoła Wyższa
ORCID: https://orcid.org/0000-0003-1729-7595
Year of publication: 2019
Source: Show
Pages: 459-471
DOI Address: https://doi.org/10.15804/ppk.2019.06.34
PDF: ppk/52/ppk5234.pdf

Streszczenie:

The dramatic events taking place in 2017 resulted in an unprecedented intervention of the Government of the Kingdom of Spain in the duties of the authorities of the Autonomous Community of Catalonia. The procedure for the fulfilment of constitutional obligations of the authorities of one of the seventeen Autonomous Communities, that make up Spain, was introduced for the first time in history. The sources of this situation should be sought in the conflict between Barcelona and Madrid, which has been growing for a decade, and reached its peak with the Spanish Government’s failure to recognize the independence referendum and the attempt to secede by the Catalan authorities. The situation showed the need to reform the Spanish constitutional system, in particular as regards the rights and obligations of Autonomous Communities.

secession Autonomous Comunities Catalonia Spain referendum

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