legality

  • The Legality of the Catalan Independence Referendums

    Author: Michał Zbigniew Dankowski
    Institution: University of Gdańsk
    Year of publication: 2017
    Source: Show
    Pages: 87-99
    DOI Address: https://doi.org/10.15804/ppk.2017.06.05
    PDF: ppk/40/ppk4005.pdf

    During the last decade the separatist activities of the Catalan nationalists have intensified. Despite the enactment of the Statute of Autonomy in 2006, extending the existing autonomy of the Autonomous Community, Catalonia’s governing political parties strived for total independence. In view of the consistent attitude of the central government in Madrid refusing any concessions on the extension of autonomy or independence, the Autonomous Government of Catalonia (Generalitat) appealed to the institutions of direct democracy, calling twice for a Catalan referendum on independence. In both cases, the Spanish Constitutional Court declared the referendum unlawful. In spite of this, Catalonia declared independence after the referendum of October 1st, 2017, although the effects of the declaration were also suspended – a situation so far unknown to law.

  • Activities of the Prosecutor’s office of Podilia in 1922 – 1933 in terms of the implementation of its functions

    Author: Iryna Pashchenko
    Institution: Kyiv National University of Trade and Economics
    ORCID: https://orcid.org/0000-0002-3056-5438
    Year of publication: 2020
    Source: Show
    Pages: 83-97
    DOI Address: https://doi.org/10.15804/rop2020206
    PDF: rop/12/rop1206.pdf

    The article studies the evolution process of the primary functions and the position of the prosecution agencies of Podilia in the ‘20s - the beginning of the ‘30s of the XXth century in the government machinery at the stages of introducing the New Economic Policy (the NEP), its rolling back and holding a course for modernization of the industry. The author has carried out the retrospective analysis of the powers of the local prosecution agencies according to the statutory documents and acts approved by the party leadership, used substantive factual information on the activities of the Prosecutor’s Office of the UkrSSR and its regional division - the Prosecutor’s Office of Podilia.

  • The Legality of the Restrictions of the Civil and Political Rights in Poland During the First Wave of the Coronavirus Pandemic

    Author: Anna Utrata
    Institution: University of Warsaw (Poland)
    ORCID: https://orcid.org/0000-0002-2970-9123
    Published online: 20 June 2022
    Final submission: 15 November 2021
    Printed issue: 2022
    Source: Show
    Page no: 16
    Pages: 96-111
    DOI Address: https://doi.org/10.15804/ppsy202225
    PDF: ppsy/51/ppsy202225_8.pdf

    This article aims to answer the question about the legality of the selected measures implemented by the Polish government during the first wave of the coronavirus pandemic, which resulted in constitutional rights and freedom restrictions. The study focuses on examining selected restrictions implemented in the spring of 2020 in the light of the Polish Constitution, especially in the light of Article 31 (3), which defines the premises of limitation of citizens’ rights and freedoms. It indicates the lack of legal basis and incompatibility with constitutional premises of many restrictions. The study further examines the premises of the introduction of the state of emergency, indicating that the government's decision not to impose such a state was legal and why. The study considers legal status from March 13 to May 16, 2020.

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