legislative process

  • Selected Aspects of the Application of the Constitution’s Provisions by the Sejm of the Republic of Poland

    Author: Grzegorz Koksanowicz
    E-mail: koksanowiczkancelaria@wp.pl
    Institution: Maria Curie-Skłodowska University in Lublin
    Year of publication: 2017
    Source: Show
    Pages: 235-251
    DOI Address: https://doi.org/10.15804/ppk.2017.06.15
    PDF: ppk/40/ppk4015.pdf

    The direct application of the constitutional provisions gives rise to many problems due to the particularities involved. These problems can be encountered not only in a judicial, but also in a managerial type of law application. Within the framework of the last model, the application of the constitutional provisions has to be considered through the Sejm of the Republic of Poland. The constitutional law focuses on the institutions of the political system.It determines the structure, functions, the competencies and the relationship between them. Taking into consideration the fact that the parliament has an important influence on the functioning of governance, the issue of the direct application of constitutional provisions by that authority is taking on new significance. The issue of the application of the constitutional rules relating to the Sejm internal organisation and its political functions has to be considered as relevant. The order of the direct application of the constitution indicates not only the necessity of application of the regulations, which define its organisation, operation and the subject of activity, but also these, which express so-called principles and values. Their full normative content is generally determined in jurisdiction of Constitutional Tribunal, which in turn obliges the Sejm and its authorities to apply these regulations in a manner which takes into account the judicial acquis of this organ.

  • Incorporation of European Union Legal Acts into the Legal System of the Republic of Poland

    Author: Artur Trubalski
    E-mail: atrubalski@univ.rzeszow.pl
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0001-8020-9178
    Year of publication: 2020
    Source: Show
    Pages: 191-201
    DOI Address: https://doi.org/10.15804/ppk.2020.05.14
    PDF: ppk/57/ppk5714.pdf

    autonomy to select The objective of this study is to analyze the process of implementing European Union law into the legal system of the Republic of Poland. EU law is to be incorporated in the Polish legl system in such a way as to safeguard its binding force. In other words, it is necessary to ensure the effectivness of European Union law in the legal system  of the Republic of Poland. The Member States are obliged to implement European Union law.This obligation arises out of the adoption of the treaties establishing the European Union, but it s also rooted in the Constitution. It is worth noting that a Member State has the autonomy to selectthe method of incorporating European Union law in its legal system. In the case of the Republic of Poland, the process of implementing European Union law is linked particularly closely to the adoption of statues implementing the provisions of European Union law into the legal system of the Republic of Poland. Should Poland fail to implement EU laws in its legal system properly, it may incur financial liability to the European Union, as well as its own citizens.

  • Prawo petycji jako instrument rozwoju działalności prawodawczej Senatu

    Author: Mateusz Chrzanowski
    E-mail: m.chrzanowski@umcs.pl
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    ORCID: https://orcid.org/0000-0002-4099-0980
    Year of publication: 2021
    Source: Show
    Pages: 325-334
    DOI Address: https://doi.org/10.15804/ppk.2021.04.20
    PDF: ppk/62/ppk6220.pdf

    The right to petition as an instrument for the development of the Senate’s legislative activity

    This article presents the issue of the right to petition as a social tool influencing legislative proceedings in the Senate. The considerations begin with an analysis of the legal norms regulating the institution in the presented scope. Some suggestions for changes have also been made with the aim of improving the quality of the petition process. Practice shows that this instrument of social participation is an important source of inspiration for the creation of the Senate’s legislative initiative, but it could be used even more effectively. In the context of the principle of national sovereignty, the principle of a democratic state ruled by law and social dialogue, it is extremely important to give the institution of petition a substantial shape and ensure it has a real influence on the legislative process.

  • Rządowy proces legislacyjny jako dowód fikcyjności podziału władz w Polsce

    Author: Robert Radek
    E-mail: robert.radek@us.edu.pl
    Institution: Uniwersytet Śląski w Katowicach
    ORCID: https://orcid.org/0000-0003-1674-6600
    Year of publication: 2021
    Source: Show
    Pages: 101-113
    DOI Address: https://doi.org/10.15804/ppk.2021.05.07
    PDF: ppk/63/ppk6307.pdf

    The government legislative process as proof of the fictitious division of powers in Poland

    The article is devoted to the analysis of the government’s legislative process in the context of Poland’s political regime conditions. The purpose of this article is to draw attention to the specifics of the government’s legislative process and explain its significant drawbacks. The author tries to show that the transparency of the legislation has been disturbed and that, in this context, there is a deformation of the separation of powers. Government and parliamentary centres interpenetrate each other, and the observed functional unity of the executive and legislative authorities, which proves a secure management method, causes the prevailing legislative discourse to be illusory essentially. It does not strengthen the quality of the law being created in Poland. Unfortunately, the observation of negative phenomena after the 2015 elections confirms these trends.

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