ustawa budżetowa

  • Znaczenie ustawy budżetowej z perspektywy doktryny prawa finansowego i konstytucyjnego

    Author: Monika Kępa
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    Author: Sławomir Patyra
    E-mail: pteam@op.pl
    Institution: Katedra Prawa Konstytucyjnego na Wydziale Prawa i Administracji Uniwersytetu Marii Curie-Skłodowskiej w Lublinie
    Year of publication: 2012
    Source: Show
    Pages: 31-60
    DOI Address: https://doi.org/10.15804/ppk.2012.03.02
    PDF: ppk/11/ppk1102.pdf

    The presented publication is an attempt to determine, from the perspective of the financial and constitutional law at the same time, the basic place and role that the budget act has in the political system of the Republic of Poland. The budget act is one of the most important programme documents of the state, on the basis of which the government manages the financial economy in a large measure. The Cabinet of the Republic of Poland, together with its ministers, is politically responsible for drawing up the budget bill, submitting it to the Sejm promptly and – after the budget year commences – executing the regulations after passing the bill, and finally reporting on how the regulations were executed. Difficulties and doubts that arise when concerning the budget procedure and carrying out the duty of the Cabinet to submit the budget bill in a given time limit are due to the fact that this deadline coincides with the parliamentary election, which could cause a possible change in the line-up in politics and, consequently, in the government. The existing legislature does not entirely eliminate (however, through the so-called emergency procedures, it does considerably minimise the risk of) a situation when, although the budget year commences, neither the state budget nor its normatively acceptable substitute is passed. It seems advisable to implement constitutional and statutory regulations that would be the solution to the lack of the normative fundamentals to carry out the financial policy of the state and eliminate the situation of the so-called budget void.

  • Granice poselskich poprawek do rządowych projektów tzw. ustaw zwykłych oraz ustawy budżetowej

    Author: Sławomir Patyra
    Institution: Uniwersytet Marii Curie - Skłodowskiej w Lublinie
    Year of publication: 2013
    Source: Show
    Pages: 79-112
    DOI Address: https://doi.org/10.15804/ppk.2013.04.04
    PDF: ppk/16/ppk1604.pdf

    The article concentrates on the issue of regulations of legislative proceedings in the Sejm in the scope of the right of Members of Parliament to put forward amendments to government bills. Analysis of the provisions of the Constitution of April 2, 1997 and of the Standing Orders of the Sejm of 1992 proves that the current regulations, both with reference to the so-called regular bills, as well as the draft of the budget act, create great possibilities for Members of Parliament to make changes to the government legislative proposals during the stages of the first and the second reading of a bill. This creates a serious threat to the material integrity of the projects, as well as limits the effectiveness of the policy conducted by the government. The previous amendments to the Standing Orders of the Sejm made in order to limit the influence of MP’s amendments on the contents of government projects proved to be not effective enough; therefore, the Author calls for the further modernization of legislative proceedings aimed at guaranteeing effective protection of government projects against their deformation during the legislative proceedings in the Sejm.

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