Author: Paulina Glejt-Uziębło
E-mail: paulina.glejt-uzieblo@ug.edu.pl
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
E-mail: agnieszka.gajda@ug.edu.pl
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
E-mail: michalczukm@poczta.onet.pl
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
E-mail: a.t.kowalczyk@ interia.pl
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
E-mail: katarzyna.mojska@poczta.umcs.lublin.pl
Institution: Maria Curie-Skłodowska University in Lublin
ORCID: https://orcid.org/0000-0002-3382-7325
Author: Wojciech Mojski
E-mail: wojciech. mojski@poczta.umcs.lublin.pl
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
E-mail: s.grabowska@ur.edu.pl
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
E-mail: kdoliwa@uwb.edu.pl
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
E-mail: m.dankowski@vp.pl
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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