język urzędowy

  • Znaczenie art. 27 Konstytucji RP dla ochrony praw i wolności jednostki

    Author: Agnieszka Wiltos
    Institution: Uniwersytet Warszawski
    Year of publication: 2013
    Source: Show
    Pages: 165-184
    DOI Address: https://doi.org/10.15804/ppk.2013.04.08
    PDF: ppk/16/ppk1608.pdf

    This article aims to highlight the importance of the regulation of the official language not only for the state authorities but also for the individual as a guarantee of fulfillment of its constitutional rights and freedoms.The Polish Constitution of 1997 introduces in Article XXVII the principle of officialdom of Polish language, giving it for the first time since the nineteenth century such a strong legal protection. This principle was developed subsequently in The Polish Language Act in 1999 regulating the use of Polish language as a national language.The right to use Polish language in public and in private as the hallmark of citizenship should be protected by the State. Mother tongue as an element of national culture forms part of the national identity and therefore of the individual. The lack of obligation to know languages other than the official protects citizens from having to comply with European Law that has not been translated into Polish. The individual may also allege to the breach of Article XXVII of the Constitution when applied to the law that was interpreted in violation of language norms. Outside the protection conferred by Article XXVII of the Constitution there are now, as a rule, private law relations. It is due to the assignment to Polish language the status of an official language at the constitutional level and not of a national language. The introduction of the principle of officialdom in Article XXVII of the Constitution of the Polish language implies an obligation of the State to protect individuals that do not speak in that language. It is a condition for the realization of, inter alia, the right to justice. Article XXVII of the Constitution, the second sentence, as a guarantee regulation, confirms the inviolability of national minority rights resulting from ratified international agreements. Therefore, it correlates with the principle of the protection of national and ethnic minorities without giving the possibility to establish in Poland Polish language other than as the official language.

  • Constitutional Regulations of the Official Language in the European Union Countries

    Author: Mariusz Bidziński
    E-mail: mariusz@bidzinski.pl
    Institution: SWPS University of Social Sciences and Humanities in Warsaw
    ORCID: https://orcid.org/0000-0002-3646-8997
    Year of publication: 2020
    Source: Show
    Pages: 489-496
    DOI Address: https://doi.org/10.15804/ppk.2020.06.39
    PDF: ppk/58/ppk5839.pdf

    The regulations concerning the definition of the official language at the constitutional level have not been unified in the constitutions of European Union countries. The importance of a language, the level of its protection, and care for the language are immanently connected with the cultural awareness of a given nation, its historical conditions, national aspirations, and other factors allowing to distinguish it from other subjects. The number of languages used in individual regions of the EU depends on social migrations, the uniformity of nationalities, historical conditions, as well as the level and directions of patriotic aspirations in a given society. Therefore, the attempts to impose on the members of the EU the adoption of the unified solutions, which de facto imply - in the case of most of them - the need to amend the constitution, is a demand that now seems completely unfeasible.

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