proces legislacyjny

  • Inspiracja ustawodawcza w polskim procesie legislacyjnym

    Author: Klaudia Zawiślak
    Institution: Polska Akademia Nauk
    Year of publication: 2017
    Source: Show
    Pages: 45-65
    DOI Address: https://doi.org/10.15804/ppk.2017.04.03
    PDF: ppk/38/ppk3803.pdf

    The institution of legislative initiative is a key element of the legislative process, because it starts legislative works. This concept has been widely discussed in the doctrine of constitutional law and it is a reason why in this article has been paid special attention to the pre-legislative stage. An attempt was made to distinguish the concept of the legislative inspiration from the legislative initiative. Basic features of a legislative initiative have been identified on the basis of constitutional provisions. Entities and ways to inspire the relevant bodies (which are able to bring a draft of the bill to the Sejm) have been determined under the provisions of various laws.

  • Nowelizacja z 2018 r. (art. 52 § 2a kodeksu wyborczego) jako gwarancja realizacji czynnego prawa wyborczego przez osoby niepełnosprawne. Analiza zarysu procesu legislacyjnego i aspekty teoretycznoprawne

    Author: Radosław Zych
    Institution: Uniwersytet Szczeciński
    ORCID: https://orcid.org/0000-0002-1221-9136
    Year of publication: 2021
    Source: Show
    Pages: 93-104
    DOI Address: https://doi.org/10.15804/ppk.2021.01.05
    PDF: ppk/59/ppk5905.pdf

    The subject of the considerations made in the article is the theoretical and legal analysis of the amendment to the Polish electoral law relating to the issue of ensuring participation of disabled people in the electoral procedure. The outline of the legislative process initiated by submitting a deputy’s bill to amend certain acts in order to increase the participation of citizens in the process of electing, functioning and controlling certain public authorities (in particular by adding § 2a to article 52 of the electoral code), normative acts in the field of electoral law, insurance law, legal doctrine views are analyzed. In the article, the author answers the question whether the amendment to art. 52 of the electoral code, consisting of adding § 2a to it, is technical or warranty? The author conducts a polemic, during which he shows that Polish electoral law adopts the legal definition of disability. In addition, it is determined what causes of disability may justify the benefit of using art. 52 § 2a of the electoral code.

  • Parlamentarne propozycje wprowadzenia bezpośrednich wyborów starostów i marszałków województw

    Author: Łukasz Buczkowski
    Institution: Państwowa Wyższa Szkoła Informatyki i Przedsiębiorczości w Łomży
    ORCID: https://orcid.org/0000-0002-0147-4721
    Year of publication: 2021
    Source: Show
    Pages: 259-272
    DOI Address: https://doi.org/10.15804/ppk.2021.04.15
    PDF: ppk/62/ppk6215.pdf

    Parliamentary proposals for the implementation of direct starosts and province marshals elections

    Out of the executive bodies of a local self-government, only the voits (mayors, presidents of cities) are elected in direct elections, whereas on the poviat and voivodeship level, we are dealing with collective management boards, the members of which are chosen indirectly by the council of the poviat, and by the voivodeship sejmik (a regional assembly). However, this issue is not discussedparticularly frequently, in parliamentary practice there have been attempts at introducing direct elections of starosts andvoivodeship marshals, which are justified by the need of strengthening the degree of social legitimization for such offices, as well as forharmonizing the regulations which are applicable on all local government levels. The goal of this article was to proceed with a critical analysis of the projects which have been submitted within this scope, as well as to answer the question: which conditions should be met so that the introduction of a fundamental change in the starost and voivodeship martial election procedure could be assessed positively.

  • Rządowy proces legislacyjny jako dowód fikcyjności podziału władz w Polsce

    Author: Robert Radek
    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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