Constitutional Tribunal,

  • The Constitutional Principle of Freedom of press and its Limitations in Journalistic Practice

    Author: Paweł Kuca
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0001-9424-090X
    Year of publication: 2019
    Source: Show
    Pages: 215-225
    DOI Address: https://doi.org/10.15804/ppk.2019.05.15
    PDF: ppk/51/ppk5115.pdf

    In Poland, freedom of press is a systemic principle that protects the rule of law. Relevant regulations regarding this matter are included in the constitution in force since 1997. However, other legal regulations contain solutions that raise objections of the journalistic environment and are described as repressive towards the media. The Article 212 of the Penal Code provides for example a criminal penalty of up to one-year imprisonment for the offense of defamation using mass media. According to journalistic circles, such a provision negatively affects journalistic practice causing the so-called “chilling effect”, i.e. unwillingness to undertake controversial subjects. The discussed issue is analyzed in the light of the provisions of the Constitution, jurisprudence of the Constitutional Tribunal, the Press Law Act, as well as selected articles of the Penal Code.

  • Political Process, Crisis and Legitimacy in Poland

    Author: Hector Calleros
    Institution: University of Warsaw (Poland)
    ORCID: https://orcid.org/0000-0001-5689-5075
    Year of publication: 2020
    Source: Show
    Pages: 71-91
    DOI Address: https://doi.org/10.15804/ppsy2020205
    PDF: ppsy/49-2/ppsy2020205.pdf

    The paper examines the conflict over the control of the integration of Poland’s Constitutional Tribunal (CT) that evolved into a constitutional crisis in October 2015 - and has extended for more than two years. It identifies issues that help understand how the Polish Democracy does not impede the erosion of constitutional democracy as the conflict has undermined the CT and the function of judicial review (JR). The article examines issues of legitimacy that emerge from the crisis; it also examines the extent to which the institutional settings condition the operation of the JR function; in particular, it looks at the role of executive actors (the Government and the President), and the role of the political/parliamentary party in bridging the separation of powers.

  • Constitutional Right of Access to Public Service in the Judicature of the Constitutional Tribunal

    Author: Elżbieta Ura
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0001-6896-6790
    Year of publication: 2020
    Source: Show
    Pages: 203-212
    DOI Address: https://doi.org/10.15804/ppk.2020.05.15
    PDF: ppk/57/ppk5715.pdf

    The purpose of the article is to draw attention to the jurisprudence of the Constitutional Tribunal in the context of the issue related to the same principles of access to public service, which are guaranteed by the Art. 60 of the Polish Constitution.The analysis of the Court’s judgments makes it possible to relate the interpretation of this provision to the principle of proportionality and equality before the law. Both in the jurisprudence of the Tribunal and the Supreme Court, attention is paid to the transparency and openness of the rules used to determine the requirements related to taking up public office functions.

  • The “Axiological Revolution” in Poland in 2020: ‘Five for Animals’ and the Decision of the Constitutional Tribunal on Abortion - An Attempt at Explaining the Reasons for the Decline in Support for Law and Justice with the Use of a Circular Matrix

    Author: Przemysław Maj
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0002-5151-5464
    Year of publication: 2020
    Source: Show
    Pages: 225-234
    DOI Address: https://doi.org/10.15804/ppk.2020.06.18
    PDF: ppk/58/ppk5818.pdf

    In 2015-2020, support for the Law and Justice party was to remain stable. In autumn 2020 political decisions were made on issues that polarized public opinion. At the same time, a decline in polling support for the government was observed. The aim of the article is to explain changes in support with the use of a circular matrix.

  • Służba cywilna w orzecznictwie Trybunału Konstytucyjnego

    Author: Kamil Mroczka
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0003-3809-3479
    Year of publication: 2021
    Source: Show
    Pages: 171-188
    DOI Address: https://doi.org/10.15804/ppk.2021.03.11
    PDF: ppk/61/ppk6111.pdf

    Civil Service in the Jurisprudence of the Constitutional Tribunal

    The civil service (c.s.) is a key element of any nation of law. As an institution responsible for exercising the public authority c.s. is not free from political pressure and takeover attempts for the purposes of the party. Polish experience in the creation of a politically neutral c.s. has not been impressive. The first regulation was created during the interwar period. After the World War II, the idea of an independent and professional c.s. was gradually dismantled to be completely abandoned in 1974. After the collapse of PRL, until 1996, there were several unsuccessful attempts to revive c.s. In that year the parliament adopted a basis for the c.s. system but even that attempt was subsequently revised in upcoming years by further changes (three new acts of law). Moreover, it has to be pointed out that during those years the actions of decision-makers concerning the c.s. have been the subject of jurisprudence by the Constitutional Tribunal. The rulings issued by the Tribunal have shaped the operational conditions which are important for c.s. and have developed an interpretation of the constitutional axioms of that institution. Analysis of key sentences of the Constitutional Court is the subject of this paper.

  • Skarga konstytucyjna a zarzuty dotyczące uchybień postępowania legislacyjnego

    Author: Robert Orłowski
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    ORCID: https://orcid.org/0000-0001-8692-8739
    Year of publication: 2021
    Source: Show
    Pages: 237-246
    DOI Address: https://doi.org/10.15804/ppk.2021.05.18
    PDF: ppk/63/ppk6318.pdf

    Constitutional complaint and allegations of breaches of the legislative procedure

    I am in favour of the possibility of questioning the course of the legislative process in a constitutional complaint. The objection/the allegation could only concern the procedure of adopting a normative act containing a provision constituting the legal basis of an act of applying the law. The act of applying the law must concern the constitutional rights or freedoms of the complainant. With the current procedural regulation, I believe that there is an obligation to examine this issue ex officio by the Constitutional Tribunal. Practice shows that the Tribunal does not examine the correctness of the legislative process in the proceedings initiated by the complaint, neither on the allegation of the applicant nor ex officio.

  • Istota i status konstytucyjnej zasady zrównoważonego rozwoju (według orzecznictwa Trybunału Konstytucyjnego)

    Author: Jarosław Grzegorz Wyrembak
    Institution: Akademia Ekonomiczno-Humanistyczna w Warszawie
    ORCID: https://orcid.org/0000-0001-9362-9083
    Year of publication: 2021
    Source: Show
    Pages: 259-270
    DOI Address: https://doi.org/10.15804/ppk.2021.05.20
    PDF: ppk/63/ppk6320.pdf

    The essence and status of the constitutional principle of sustainable development (according to the judgments of the Constitutional Tribunal)

    The term „sustainable development” is a”constitutional” term in Poland – in the sense that the Constitution uses, but does not define it. In the Polish legal language, it is a relatively new concept, formed in the early 1990s. By not introducing a definition of „sustainable development” into the Constitution of the Republic of Poland, the lawmakers of the constitutional system left it, in practice, relatively open to interpretation. The current study aims to analyze the decisions of the Constitutional Tribunal in Poland, especially concerning the scope of art. 5 of the Constitution, on the basis of which, among others, the principle of sustainable development was put forward.

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