autopoprawka do projektu ustawy

  • Redrafting of a Proposal in the Polish Legislative Procedure

    Author: Piotr Uziębło
    E-mail: piotr.uzieblo@ug.edu.pl
    Institution: Uniwersytet Gdański
    ORCID: https://orcid.org/0000-0003-2473-9240
    Year of publication: 2019
    Source: Show
    Pages: 97-108
    DOI Address: https://doi.org/10.15804/ppk.2019.05.07
    PDF: ppk/51/ppk5107.pdf

    The main goal of article is to evaluate the functioning of a redraft of a legislative propos- al in the Polish legal order, particularly whether this mechanism may be considered as making the legislative procedure more flexible and improving the quality of the legisla- tive works of the Polish Parliament, or whether the constitutional shape of a redraft and its use leads to conclusions that this solution is misguided and negatively affects parlia- mentary legislative proceedings. Both normative analysis and systemic practice lead to the conclusion that the regulation of a redraft by the Sejm’s Rules cannot be considered op- timal. From my point of view, it is necessary to make such corrections to Art. 36 par. 1a- 1c that will prevent from abusing this instrument. However, the critical assessment of the redraft standardization does not change the generally positive assessment of the in- stitution itself, because the specific self-correction of the proposal, often resulting from the reflection of the initiator of the legislative proceedings (resulting from both internal and external factors), is fully desirable, primarily from the perspective of implementing the postulate of the legal system coherence and its completeness.

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