Constitutional Complaint

  • The Parties Empowered to Lodge a Constitutional Complaint in Poland and in Selected European Countries – Legal–comparative Study

    Author: Bogumił Szmulik
    Institution: UKSW (Poland)
    Year of publication: 2005
    Source: Show
    Pages: 31-43
    DOI Address: http://dx.doi.org/10.15804/ppsy2005003
    PDF: ppsy/34/ppsy2005003.pdf

    The parties empowered to lodge a constitutional complaint under the Polish model are defined in Article 79(1) of the Polish Constitution, stating that: “Everyone whose constitutional freedoms or rights have been infringed, shall have the right to appeal to the Constitutional Tribunal (...). The above quoted article is considered to have the fundamental significance in the process of identification of the parties entitled to lodge a constitutional complaint, so in other words, provides a clear answer to the question who can effectively lodge such a complaint in order for the adequate proceedings to be officially opened (however – which is explainedin detail in this article – having fulfilled certain specifi ed objective conditions).

  • The Constitutional Court of Kosovo - Introductory Remarks

    Author: Krystian Nowak
    E-mail: nowak@ur.edu.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0003-4853-1591
    Year of publication: 2020
    Source: Show
    Pages: 497-510
    DOI Address: https://doi.org/10.15804/ppk.2020.06.40
    PDF: ppk/58/ppk5840.pdf

    On February 17, 2008, Kosovo declared independence. Over twelve years after the adoption of the Declaration of Independence, the issue of universal, international acknowledgment of Kosovo still has not been resolved. The foundation for the establishment of the Republic of Kosovo was international society, which created the legal framework for the future statehood of Kosovo. The problem of the functioning of the constitutional judiciary was one of the key issues during the creation of the basic law of the Republic of Kosovo. This article s to analyze the constitutional position of the Constitutional Court of the Republic of Kosovo in the state system established under the Constitution of 2008. It presents the composition of the Court, its competence, and principles of organization and functioning. The solution applied in the Kosovo basic law fits into the broadly understood model of the European constitutional judiciary.

  • Rzecznik Praw Obywatelskich a organy władzy sądowniczej

    Author: Halina Zięba-Załucka
    E-mail: hzalucka@onet.eu
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-1646-3141
    Year of publication: 2021
    Source: Show
    Pages: 127-146
    DOI Address: https://doi.org/10.15804/ppk.2021.03.08
    PDF: ppk/61/ppk6108.pdf

    The Ombudsman and the Organs of Judicial Power

    The author shows that, in order to protect rights and freedoms, the Ombudsman, with the help of various instruments and depending on the infringements found, undertakes actions with organs of the judiciary, on which obligations concerning the protection of human rights and other subjects have been imposed. This article reviews the forms of the Ombudsman’s relations with the Supreme Court, the Supreme Administrative Court, the Constitutional Tribunal, and common courts. Their aim is to raise the level of respect for human and civil rights. In this context the thesis of the article is as follows: in view of structural, legal and organisational defects of the state, the Ombudsman notes that new threats to human and civil rights appear, freedoms or rights granted to them are often taken away in a manner inconsistent with constitutional standards, and public authorities exceed the sphere of their powers in an expcessive manner. Allegations made in complaints against public authorities are often verified by the Ombudsman in the course of inquiries with his participation. The Ombudsman keeps his distance from these bodies, which enables him to influence them in the field of human rights protection, and above all to influence the individuals subordinate to them.

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart