prezydent

  • Konstytucyjne uregulowania problematyki zastępstwa prezydenta w Rzeczypospolitej Polskiej i państwach z nią sąsiadujących

    Author: Monika Florczak - Wątor
    Institution: Uniwersytet Jagielloński
    Year of publication: 2010
    Source: Show
    Pages: 185-208
    DOI Address: https://doi.org/10.15804/ppk.2010.2-3.09
    PDF: ppk/02-03/ppk2-309.pdf

    The transference of presidential authority takes place in the event of a vacancy in the office or due to a temporary inability to discharge the duties of the office.Polish law describes the following situations where such a vacancy is deemed to occur: the death of the President, his resignation from office, a judicial dec- laration of the invalidity of the Presidential election or other reasons for not assuming office following the election, a declaration by the National Assembly of the President’s permanent incapacity to exercise his duties due to the state of his health and dismissal of the President from office by a judgment of the Tribunal of State. In such circumstances the Marshal of the Sejm is authorized to temporarily discharge the duties of the President until the next President is elected. Similar stipulations are given for declaring a vacancy in the office of the President in Latvia, Ukraine, Belarus and Russia. In the case of Germany, the Czech Republic and Slovakia, a more open legal formulation was chosen. Article 131 § 1 of the Polish Constitution does not clearly describe the situa- tions that warrant a temporary inability to discharge the duties of the President’s office, and thus the decision to transfer presidential duties to the Marshal is not specifically prescribed by law. This means that there is a risk that the article may be applied arbitrarily. The constitutional law of Poland’s neighboring countries dealing with the temporary inability to discharge the duties of the President’s office varies in the degree of specificity. In the case of Germany, Russia and Be- larus, the law is quite general; whereas in the case of Latvia, the Czech Republic and Slovakia, the law goes into much more detail. In Poland, both in the event of the temporary inability to discharge the duties of the office as well as a permanent vacancy in the office, the duties of the President are taken over by the Marshal of the Sejm. In the event that the Marshal of the Sejm is unable to discharge the duties of the President, the next in line would be the Marshal of the Senate. In Germany, Latvia and Belarus, the duties of the President are transferred to the speaker of the Parliament; while in Russia and Ukraine — to the prime minister. In Slovakia and the Czech Republic, presidential competences are divided among several state organs. A vacancy in the office of the President has the legal consequence of necessitating the ordering of a new election. The temporary inability to discharge the duties of his office can lead to a permanent incapacity to exercise his duties. There is no regulation of how the President might regain his authority from the person who has been temporarily exercising it.

  • Ewolucja systemu politycznego w Chorwacji 1990-2010. Próba bilansu

    Author: Krzysztof Krysieniel
    Institution: Wyższa Szkoła Bankowa w Poznaniu
    Year of publication: 2010
    Source: Show
    Pages: 241-260
    DOI Address: https://doi.org/10.15804/ppk.2010.2-3.11
    PDF: ppk/02-03/ppk2-311.pdf

    The evolution of the political system of Croatia has begun over two decades ago from the victory of the opposition in the first free and democratic election that took place in 1990. The New republican government, working at the beginning in the realities of sunken in crisis socialist Yugoslavia, began social and political changes that led to adopting in December of 1990 constitution and announcing independence. A wide range of president’s competences and the authoritative inclination of F. Tuđman, the “father” of independence movement and leader of the biggest Croatian party, had negative influence on the process of democ- ratization. The state of war that lasted for few years and the lack of control of government in Zagreb over the whole territory of Croatia just added to this process. Only after the first president had died, did the double transformation begun (2000–2001) – the semi presidential system was changed into a cabinet- parliamentary system. At the same time the process of real democratization has started, the government started to fight with the irregularities that remained after the “Tuđman’s decade”. The constitutional changes adopted in 2010, which will allow Croatia to enter the EU structures, are the summary to the evolution of the political system and a specific manifestation of pro-European political moods.

  • Funkcjonowanie systemu ustrojowego III RP w okresie kohabitacji 2007–2010

    Author: Grzegorz Pastuszko
    Institution: Uniwersytet Rzeszowski
    Year of publication: 2010
    Source: Show
    Pages: 143-164
    DOI Address: https://doi.org/10.15804/ppk.2010.04.07
    PDF: ppk/04/ppk407.pdf

    The aim of this article was to indicate how far the constellation of political forces in 2007–2010 was affecting the constitutional mechanism of power. At that time we had to be dealing with the second cohabitation under the rule of the constitution of 1997. By contrary to the former experiences, this cohabitation was run- ning out very intensively, especially as for conflicts in government–president relationships. That was a period of merciless political fight and far going disputes over many ticklish issues. It all has proved that by the time of cohabitation polish president is able to participate effectively in ruling the country. In the first part of the article the author focuses on phenomenon of cohabitation in France. There are remarks referring to the legal and political conditions of this mechanism as well. On the other hand these deliberations show us the differences between Polish and French model of cohabitation. The most important part of this article contains the analysis of political praxis in 2007–2010. The author researches so called „fields of cohabitation”, which were a source of real conflicts between both organs of executive power.

  • Kreacyjne uprawnienia prezydenta Republiki Słowackiej

    Author: Tomáš Majerčák
    Institution: Uniwersytet Pawła Józefa Szafarika w Koszycach
    Year of publication: 2013
    Source: Show
    Pages: 111-142
    DOI Address: https://doi.org/10.15804/ppk.2013.01.06
    PDF: ppk/13/ppk1306.pdf

    In this paper I focus on the creation powers of the President in view of the current problems. I also attempt to find answers to some of the questions related to the issue whether, provided the Constitution of the Slovak Republic concedes the President of the Slovak Republic the power to appoint a constitutional official on the proposal of a collective body or a specific person, the President may refuse to appoint a public official, and what the position of the President is in this kind of appointment, thus what function he performs.

  • Akty prawa wewnętrznego stanowione przez prezydenta RP

    Author: Agnieszka Bień-Kacała
    Institution: Uniwersytet Mikołaja Kopernika
    Year of publication: 2014
    Source: Show
    Pages: 27-40
    DOI Address: https://doi.org/10.15804/ppk.2014.02.02
    PDF: ppk/18/ppk1802.pdf

    The article concerns the internal legislation adopted by the President. These acts should correspond to the characteristics set out in the Article 93 of the Polish Constitution. Under this provision, resolutions of the Council of Ministers and orders of the Prime Minister and ministers shall be of an internal character and shall bind only those organizational units subordinate to the organ which issues such an act. Orders shall only be issued on the basis of statute. They shall not serve as the basis for decisions taken in respect of citizens, legal persons and other subjects. Resolutions and orders shall be subject to scrutiny regarding their compliance with universally binding law. The president has few legal options to enact this type of legislation. The law-making power in relation to the head of state in a few cases is vested in the Constitution. This applies to the Presidential Chancellery, the National Security Council and the Cabinet Council. These cases are described in the article.

  • Prezydent w parlamentarnym systemie rządów Republiki Bułgarii. Geneza – pozycja ustrojowa – odpowiedzialność konstytucyjna

    Author: Sabina Grabowska
    Institution: Uniwersytet Rzeszowski
    Year of publication: 2014
    Source: Show
    Pages: 119-130
    DOI Address: https://doi.org/10.15804/ppk.2014.02.08
    PDF: ppk/18/ppk1808.pdf

    The text is an analysis of the Bulgarian legal regulations concerning the constitutional responsibility of the President. President of Bulgaria for committing a constitutional delict is responsible before the Constitutional Court. The proposal in this regard may submit a group of parliamentarians and parliament puts indictment. If the Constitutional Court decides the merits of allegations made in the indictment, the president shall be deposited with the office.

  • Udział prezydenta Republiki Litewskiej w ustawodawstwie

    Author: Tomasz Godlewski
    Institution: Uniwersytet Łódzki
    Year of publication: 2014
    Source: Show
    Pages: 19-40
    DOI Address: https://doi.org/10.15804/ppk.2014.03.01
    PDF: ppk/19/ppk1901.pdf

    The paper describes the participation of the president of the Republic of Lithuania in the legislative procedure, in relation to the Constitution in force adopted by the referendum on October 25th, 1992. The paper also presents the president’s participation regarding former constitutional regulations, starting from restoration of Lithuania’s independence on February 16th, 1918. This is presented mainly as an introduction and in significantly limited scope. The Constitution of the Republic of Lithuania stipulates that the President participates in establishing law as early as at the stage of the legislative initiative, and also at the promulgation of the acts which is related to the obligation to sign and promulgate the act, respectively to refer it back to the Seimas in order to have it reconsidered (a veto). Particular constitutional regulations related to those institutions, and also the doubts that may arise or have arisen due to those laws, have been presented in this paper. The regulations of other acts and laws in force have been also described in the paper regarding determining the rights that the President may exercise in relation to his or her competences in legislative procedure. Due to the separateness of the basic law regulations, the issues related to the President’s participation in the change or amendment of the Constitution have been discussed severally.

  • Oryginalne rozwiązania systemów rządów na przykładzie Wietnamu

    Author: Jacek Wojnicki
    Institution: Uniwersytet Warszawski
    Year of publication: 2014
    Source: Show
    Pages: 115-135
    DOI Address: https://doi.org/10.15804/ppk.2014.03.05
    PDF: ppk/19/ppk1905.pdf

    System of political Democratic Republic of Vietnam (official name state) from 1946 year after world war is in result of imposing from under French occupation on it two factor begin forming – liberation and conquests of authorities by communist group. It model on regulations in constitutional solutions from other states of people’s democracies dating. Year was turning point in history of Vietnamese state systems 1976, which has been set reunification of Vietnam. New state has accepted modified solutions of hitherto existing constitutions only – Socialist Republic of Vietnam easily. Authoritarian character of state belongs to have in mind functioning political system analyzing and in state apparatus of Communist Party of Vietnam predominating role.

  • Uprawnienia parlamentu Serbii w zakresie odpowiedzialności konstytucyjnej prezydenta

    Author: Sabina Grabowska
    Institution: Uniwersytet Rzeszowski
    Year of publication: 2013
    Source: Show
    Pages: 151-164
    DOI Address: https://doi.org/10.15804/ppk.2013.04.07
    PDF: ppk/16/ppk1607.pdf

    The topic of this article is the constitutional responsibility of the President of Serbia and the powers of the parliament and the Constitutional Court in this regard. The procedures governing the President for pulling constitutional responsibility begins with the submission of the proposal in Parliament on the indictment of President of having committed a constitutional delict and carrying preliminary proceedings by the committee and adoption by Parliament of a resolution on the adoption or rejection of the application. When determining and adjudicating authority is the Parliament, a group of deputies initiated the proceedings. Then the major procedure is carried out and shall be tested the charges against President. In addition, the committed by the President of the constitutional delict is required the Constitutional Court decision. At the end of voting takes place on the submission of the President from office because of committing a constitutional delict and order early elections for President. The decision is made by a resolution of Parliament.

  • Uprawnienia Prezydenta RP w zakresie zwierzchnictwa nad siłami zbrojnymi w okresie obowiązywania Konstytucji z dnia 17 marca 1921 r.

    Author: Krystian Nowak
    Institution: Uniwersytet Rzeszowski
    Year of publication: 2013
    Source: Show
    Pages: 185-220
    DOI Address: https://doi.org/10.15804/ppk.2013.04.09
    PDF: ppk/16/ppk1609.pdf

    The article concerns the rights and activities of the president as a superior of the armed forces while the Constitution of 17th March 1921 was in force. The first part of the article is dedicated to a short description of the relation between the legislature and the executive, and the position of the armed forces in the Constitution of 17th March 1921. The second part of the article relates to detailed analysis of the constitutional and the statutory responsibilities of the President as a Superior of the Armed Forces. It was difficult to determine the character of the supreme authority of the President because there was no regulation defining the organization of general military authorities in the country. Formally, in a time of peace, the armed forces were subordinate to the President through the Minister of National Defense, who was liable to Sejm. The third part of the article constitutes the analysis of discussed powers after the constitutional amendment of 2nd August 1926. According to the provisions of the amendment, the President received the rights to issue a regulation with force of statute. His systemic position has strengthened, and as a consequence, it has a major impact on the extension of his rights as far as his authority over the Armed Forces is concerned. Furthermore, the author conducts dogmatic analysis of the regulations and constitu- tional practice concerning the supreme authority.

  • Pozycja ustrojowa Prezydenta Republiki Azerbejdżanu

    Author: Michał Brzeziński
    Institution: Uniwersytet Warszawski
    Year of publication: 2011
    Source: Show
    Pages: 135-152
    DOI Address: https://doi.org/10.15804/ppk.2011.04.07
    PDF: ppk/08/ppk807.pdf

    The article presents the constitutional position of the President of the Republic of Azerbaijan. In the article the author describes the issues: election, term, legal status, relations with parliament (Milli Majlis), government (the Cabinet of ministers), courts and prosecution, and the powers in the next cases: international, security, legislation and traditional.

  • Marszałek sejmu jako osoba wykonująca tymczasowo obowiązki prezydenta RP – dylematy konstytucyjne

    Author: Grzegorz Pastuszko
    Institution: Uniwersytet Rzeszowski
    Year of publication: 2011
    Source: Show
    Pages: 83-107
    DOI Address: https://doi.org/10.15804/ppk.2011.01.04
    PDF: ppk/05/ppk504.pdf

    The article concentrates on issue of legal status of Marshall of Sejm as a person executing presidential duties by the time when the president for some reasons can not hold his office. The author analyses in details binding legal rules, indicating whether they are useful or whether they are just wrong. The first part of article shows us polish constitutional tradition in presented area. It includes both pre- and post war period. In the second part we can find an analysis of constitutional rules referring to the issue of presidential substitution. The remarks in the article are based on political praxis in Poland. In many cases the author criticizes introduced legal rules. He also formulates many practical conclusions for the future.

  • Pozycja prawna Szefa Kancelarii Prezydenta Rzeczypospolitej Polskiej

    Author: Anna Szluz
    E-mail: a.szluz@gmail.com
    Institution: Uniwersytet SWPS w Warszawie
    ORCID: https://orcid.org/0000-0003-2881-8747
    Year of publication: 2019
    Source: Show
    Pages: 191-203
    DOI Address: https://doi.org/10.15804/ppk.2019.02.11
    PDF: ppk/48/ppk4811.pdf

    The article presents the legal position of the Chief of the Chancellery of the President of Poland. The President has an influence on shaping the closest surroundings (selection of the Chief is the sovereign decision of the President). The Chief manages the work of the Presidential Chancellery, represents it and stands at its head. The strong position of the Chief should be emphasized. The purpose of this study was to investigate the legal position of Chief as defined by the Constitution and the Statute of the Presidential Chancellery.

  • Wpływ sporów konstytucyjnych na pozycję ustrojową Prezydenta w Meksyku

    Author: Łukasz Czarnecki
    E-mail: lukasz@comunidad.unam.mx
    Institution: Narodowy Uniwersytet Autonomiczny Meksyku
    ORCID: https://orcid.org/0000-0002-0424-7188
    Year of publication: 2019
    Source: Show
    Pages: 93-111
    DOI Address: https://doi.org/10.15804/ppk.2019.03.05
    PDF: ppk/49/ppk4905.pdf

    The Constitution of 1917 expressis verbis expressed the constitutional principles of the division of powers in Mexico. In practice, the executive branch had a dominant role. In the eighties, there was a slow economic and political transformation that shaped the formation of the democratic system of the state. The independent judiciary, in particular the position of the Supreme Court of Mexico (SCJN), began to play a special role. An important systemic practice after the 1994 reform was the settlement of constitutional disputes (controversias constitucionales) of executive organs with legislative bodies at both federal and state levels. SCJN became an arbitrator deciding on collisions. A question arises about the scope of influence of constitutional disputes on the political position of the President from the mid-nineties? Based on the analysis of the content of normative acts and taking into account their historical background, one can conclude that – despite the transformation – presidential power still exerts a significant influence on the judiciary in Mexico.

  • Prezydent a ustawodawstwo konstytucyjne w polskiej tradycji ustrojowej

    Author: Adam Tokarski
    E-mail: at5@tlen.pl
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    ORCID: https://orcid.org/0000-0001-9675-260X
    Year of publication: 2019
    Source: Show
    Pages: 143-161
    DOI Address: https://doi.org/10.15804/ppk.2019.03.07
    PDF: ppk/49/ppk4907.pdf

    The article discusses prerogatives and activity of the President of the Republic of Poland with respect to constitutional legislation. The first part of the paper deals with regulations which refer to the head of state’s participation in the constitutional legislation during the inter-war period. The second part of the article analyses legal provisions concerning that issue, which were enforced in 1947–1952 and 1989–1997. The third part contains a description of the President’s role in the procedure of amending the Constitution stipulated in art. 235, para. 1 of the Constitution of the Republic of Poland of 1997 and the application of that procedure in practice so far. The fourth part is the summary of this paper.

  • Ewolucja struktury Kancelarii Prezydenta RP w latach 1989–2017. Statuty Kancelarii Prezydenta

    Author: Damian Wicherek
    E-mail: wicherek.damian@gmail.com
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0002-1710-0820
    Year of publication: 2019
    Source: Show
    Pages: 131-144
    DOI Address: https://doi.org/10.15804/ppk.2019.04.07
    PDF: ppk/50/ppk5007.pdf

    In this article, the author focuses on the constitutional prerogative of the President of the Republic of Poland, which is the granting of the statute of the President’s Chancellery. The aim of the article will be to analyze the individual statutes of the auxiliary body of the president, taking into account changes that have been made to the Law Office based on the documents issued. In the first part, the article refers to the legal basis for issuing statutes by the president, but the author in the subsequent parts focuses mainly on the analysis of documents issued by individual Presidents of the Republic of Poland.

  • Political Communication in the Period of the Constitution Referendum Campaign in Poland in 1997

    Author: Dominik Szczepański
    Institution: University of Rzeszow
    Year of publication: 2019
    Source: Show
    Pages: 169-186
    DOI Address: https://doi.org/10.15804/athena.2019.64.10
    PDF: apsp/64/apsp6410.pdf

    The aim of the article was to present the means of political communication in the 1997 referendum campaign in Poland, and to find answers for the following questions: 1) who was the creator of political messages?; 2) what was the ideological structure of communication?; 3) what channels did the authors of political message make use of?; 4) in what way did the recipients decode the message?; 5) what was the effect of the political messages?; 6) did the referendum campaign influence the result of parliamentary elections – and if so, to what degree? The answers acquired in that way will contribute to exposing full perspective of political communication.

  • Evolution of the Constitutional System of the Republic of Tajikistan

    Author: Jaroslaw Matwiejuk
    E-mail: matwiejuk@uwb.edu.pl
    Institution: Uniwersytet w BIałymstoku
    ORCID: https://orcid.org/0000-0001-6346-330X
    Year of publication: 2019
    Source: Show
    Pages: 185-198
    DOI Address: https://doi.org/10.15804/ppk.2019.06.14
    PDF: ppk/52/ppk5214.pdf

    The Republic of Tajikistan gained independence in consequence of the break-up of the Soviet Union and, for the first time in its history, had started to build a constitutional system modeled after democratic states. Tajikistan’s system of government is governed by the constitution adopted on November 6, 1994 in a national constitutional referen- dum. The country’s constitutional system is evolving. Its constitution has been amend- ed three times so far. The changes affected the legal position of the head of state, were intended to allow the incumbent President to remain in power, and were made before an upcoming presidential election. The amendments to the constitution included trans- formation of the parliament into a bicameral parliament, introduction of a presidential form of government, and a number of other important changes. All amendments to the constitution were approved by the nation in a national referendum. The constitution- al system appears to be stable but may evolve further. The question that remains is: In which direction will it evolve?

  • Constitutional Aspects of the Government Crisis in Moldova in 2019

    Author: Artur Olechno
    E-mail: a.olechno@uwb.edu.pl
    Institution: University of Białystok
    ORCID: https://orcid.org/0000-0003-2594-0376
    Year of publication: 2020
    Source: Show
    Pages: 379-387
    DOI Address: https://doi.org/10.15804/ppk.2020.05.28
    PDF: ppk/57/ppk5728.pdf

    The purpose of this paper is to present a government crisis in Moldova that took place in 2019 from the point of view of its constitutional basis. Based on a legal dogmatic-analysis, supported with the comparative and historical methods, the paper verifies whether the blame for the situation could be placed solely on the Moldovan political fractions or on the unfortunate distribution of the voters’ preferences, or rather on the legislator who passed ill-advised laws without foreseeing the possibility of a conflict, including the emerging dual power system in Moldova at the time in question.

  • Performing the Function of a Commune Head (Mayor, City President) by a Person Convicted of Public Prosecution to a Fine

    Author: Sabina Grabowska
    E-mail: s.grabowska@ur.edu.pl
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0003-0530-708X
    Year of publication: 2020
    Source: Show
    Pages: 183-190
    DOI Address: https://doi.org/10.15804/ppk.2020.06.14
    PDF: ppk/58/ppk5814.pdf

    The subject of the article is an analysis of the possibility of holding the function of a commune head (mayor, city president) in the light of the generally applicable law in Poland by a person convicted of public prosecution with a fine.

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