suwerenność

  • Reflections over the Legal and Constitutional Status of Transnistria

    Author: Viktoriya Serzhanova
    E-mail: viktoria@ur.edu.pl
    Institution: University of Rzeszów
    Year of publication: 2017
    Source: Show
    Pages: 71-86
    DOI Address: https://doi.org/10.15804/ppk.2017.06.04
    PDF: ppk/40/ppk4004.pdf

    The present legal status of Transnistria neither seems to be obvious, nor distinctly determined. Its estimation in the context of the region’s statehood has been a subject of disputes of, and divides at the same time, the theorists of state, international lawyers, as well as experts in international relations and political sciences. The hereby paper is an attempt of making the analysis of the selected issues determining Transdniester’s status, first and foremost from the perspective of the theory of state and constitutional law, but also taking into account the international law point of view. It aims at finding an answer to the question on its legal and constitutional status as it is seen by both the unrecognized Transnistria’s state and Moldavia. The subject of the work contains the analysis of the elements of a state’s definition in the context of Transnistria. Moreover, it comprises considerations over the right of nations to self-determination and the problem of sovereignty as regards to the region. It also concentrates on the analysis of Transnistria’s status based on the Moldavian legislation, as well as different possibilities and opportunities/chances to solve the conflict lasting for almost thirty years.

  • Współksiążęta czy konprincepsi? Kilka uwag o statusie prezydenta Francji i biskupa Urgell jako głowy państwa andorańskiego w kontekście formy ustrojowej Andory

    Author: Marcin Michał Wiszowaty
    Institution: Uniwersytet Gdański
    Year of publication: 2014
    Source: Show
    Pages: 327-345
    DOI Address: https://doi.org/10.15804/ppk.2014.02.19
    PDF: ppk/18/ppk1819.pdf

    The constitutional system of Andorra is not a popular subject of study of science either in Poland or abroad. In Poland, after 1993 (the year the adoption of the current constitution) were published only a few articles or fragments of larger studies on this topic. As a result, the vast majority of these studies have mainly reporting character. Many interesting issues have been mentioned only in footnotes. Among them: the question of the status of specific, Andorran head of state and (resulting) the correct indication of the form of Andorran state. Co-principes are translated into Polish as „co-princes”. It consequently, automatically determined Andorra as a „principality”, ie the state of monarchical system, and even a constitutional monarchy . This should be considered , at least as controversial. The author formulates two hypotheses and subjected them to verify. Firstly – Andorra is a principate (not a principality) – a mixed form of political system combines elements of monarchy and republic, outweigh the latter, in addition to the relics of the former. Head of State in principate should be referred to as „princeps”, and in the case of Andorra, specifically: co-princeps. In this way we will avoid misleading comparisons with „a prince”, as monarchical, hereditary head of state. Secondly – despite the adoption of a modern constitution, there are remaining relics of feudal times in the political system of Andorra, resulting from the former status of „condominium”. This is particularly evident in the form of the Andorran heads of state institution. It also gives a partial capacity to influence decisions of the co-principes by their home country’s authorities.

  • Obywatelstwo Unii Europejskiej w świetle koncepcji dzielonej suwerenności ludu J. Habermasa

    Author: Maciej Serowaniec
    Institution: Uniwersytet Mikołaja Kopernika
    Author: Wojciech Włoch
    Institution: Uniwersytet Mikołaja Kopernika
    Year of publication: 2014
    Source: Show
    Pages: 137-160
    DOI Address: https://doi.org/10.15804/ppk.2014.03.06
    PDF: ppk/19/ppk1906.pdf

    The paper is discussing the concept of shared sovereignty, coined by Jürgen Habermas, along with his theory of citizenship of the European Union. In particular, the Author of the paper makes reference to Habermas’ model of EU citizenship in the light of the current legislation, policy and practice. The reference is made in an attempt to release whether the current shape, or condition, of European citizenship corresponds to its conceptual content and to clarify the general direction for the change as it could be fully implemented. All those issues are mentioned with a view to answer a very fundamental question, namely how to ensure the democratic legitimacy of the European Union?

  • Konstytucyjne prawo obywatela RP do opieki dyplomatycznej i konsularnej – kilka uwag na tle art. 36 Ustawy Zasadniczej

    Author: Krzysztof Kozłowski
    E-mail: krzys.kozlowski@uj.edu.pl
    Institution: Uniwersytet Jagielloński
    ORCID: https://orcid.org/0000-0002-7439-7165
    Year of publication: 2019
    Source: Show
    Pages: 208-226
    DOI Address: https://doi.org/10.15804/ppk.2019.01.11
    PDF: ppk/47/ppk4711.pdf

    The Constitution of the Republic of Poland provides for Polish citizens the right to diplomatic and consular protection, which may be implemented during their stay abroad. The article draws attention to the need to interpret the provision of the Constitution of the Republic of Poland, taking into account the regulations of international law. It also formulates the thesis that the current international relations of a political or economic nature have a significant influence on the manner of applying the discussed law. The rest of the article discusses the subject matter of art. 36 of the Constitution of the Republic of Poland and associates the right to care abroad with the institution of citizenship. The issues of the so-called abandonment of the citizen and the possibility of taking care of people who do not have Polish citizenship. The last part of the study is devoted to the issue of the content of the right to care. Attention was drawn to the indefinability of the concepts of diplomatic care and consular protection. What is also important there is the practical aspect, consisting in the virtually unlimited right of the state to represent its citizen abroad.

  • Konstytucyjny obowiązek przestrzegania prawa a obywatelskie nieposłuszeństwo

    Author: Halina Zięba Załucka
    E-mail: hzalucka@onet.eu
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-1646-3141
    Year of publication: 2020
    Source: Show
    Pages: 241-257
    DOI Address: https://doi.org/10.15804/ppk.2020.02.13
    PDF: ppk/54/ppk5413.pdf

    Article 83 of the Constitution of the Republic of Poland states that “Everyone is obliged to obey the law of the Republic of Poland”. The obligation to obey the law cannot, howev- er, imply absolute obedience to any law established by the state. That means that no state has the authority to violate human rights, because they are above the state law. There - fore, as the author stresses, in every modern constitution the right of sovereignty to de- fend values such as sovereignty, division of powers or human rights is guaranteed. The main thesis of the article indicates that a bad law may be the beginning of civil disobe- dience, understood as a symbolic, intentional manifestation of disobedience to the law carried out in the name of the conviction of its validity and superiority of other values and non-legal norms, including the possibility of incurring negative legal consequenc- es – sanctions. Civil insubordination is therefore an instrument which, taking into ac- count all its limitations, can be used in countries with democratic systems as a guaran- tee of protection of civil rights against the action of the authorities. Our constitution does not know the concept of civil disobedience or the older right of resistance. In Article 2 it is clearly emphasized that the Republic of Poland is a demo- cratic legal state and the observance of the law should be understood as such conduct of citizens. and state bodies, which is in accordance with the binding regulations (Article 7 of the Constitution – the principle of legalism). Another issue raised in the article is the problem of justification of civil disobedien- ce. The author does not share the view on the justification of civil disobedience. If the justification of civil insubordination entails the postulate of impunity, the concept of ci- vil disobedience would become contradictory. At the same time he stresses that legalism cannot dictate absolute obedience to the existing law.

  • Pozycja konstytucji państwa członkowskiego Unii Europejskiej – kilka uwag na tle aktualnych uwarunkowań oraz relacji Trybunału Sprawiedliwości Unii Europejskiej z sądami krajowymi

    Author: Jerzy Ciapała
    E-mail: tljones@onet.eu
    Institution: Uniwersytet Szczeciński
    ORCID: https://orcid.org/0000-0002-5062-3834
    Year of publication: 2021
    Source: Show
    Pages: 223-241
    DOI Address: https://doi.org/10.15804/ppk.2021.02.14
    PDF: ppk/60/ppk6014.pdf

    The position of the constitutions of the Member States of the European Union – a few remarks against the background of current conditions and the relationship of the Court of Justice of the European Union with national courts

    The subject of the study is to demonstrate that the possibilities and prospects of federal- izing the European Union are questionable in the context of current facts – pan-demia, economic crisis, the internal situation of economically, socially and culturally diverse member states, and as a consequence of a significant legal event – the judgment of the Federal Constitutional Court of the Federal Republic of Germany of May 5, 2020. With the above judgment, the German Constitutional Court refused to recognize the binding force in Germany of the judgment of the Court of Justice of the European Union. This may affect the relations of the CJEU with the constitutional courts of the states, includ- ing the Polish Constitutional Tribunal, as the vast majority of them recognize the pri- macy of national constitutions.

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart