Author: Monika Urbaniak
E-mail: monika.urbaniak@ump.edu.pl
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
E-mail: jackiewicz@uwb.edu.pl
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
E-mail: Cyprian_liske@o2.pl
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
E-mail: karol.piekos@yahoo.pl
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
E-mail: przemaj@o2.pl
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
E-mail: a.mfrankiewicz@gmail.com
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
E-mail: robert.orlowski@poczta.umcs.lublin.pl
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
E-mail: uraelzbieta@pro.onet.pl
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
E-mail: malgorzata.babula@gmail.com
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
E-mail: apieta@ur.edu.pl
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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