zasada pomocniczości

  • Polskie unormowania konstytucyjne względem zasady pomocniczości i jej rozwinięcie w ustawach zwykłych

    Author: Michał Klimkowski
    E-mail: mgk7@o2.pl
    Institution: Uniwersytet Jana Kochanowskiego w Kielcach
    Year of publication: 2015
    Source: Show
    Pages: 91-105
    DOI Address: https://doi.org/10.15804/ppk.2015.03.04
    PDF: ppk/25/ppk2504.pdf

    This paper is an attempt to show regulations on the principle of subsidiarity, enclosed in Polish Constitution and other legal acts. Polish legislation is familiar with the concept of subsidiarity, it is included in the preamble of the Constitution of the Republic of Poland. This provision was intended to emphasize its importance for the implementation of civil rights. It was considered that subsidiarity is important for strengthening the powers of citizens and communities they create. It is present to protect their rights, as well as any action taken by manifestations of civic activity in associations. This imposes an obligation on the legislature for an appropriate division of roles, in carrying out tasks of the local public administration. Applying the method of the institutional and legal analysis, demonstrated the presence and development of subsidiarity in the legislation. Analyzed materials also show the gradual, yet slow development of the principle of subsidiarity in Polish legislation. Its basis can be found in the constitutional law, which is the determinant of the direction of its development. The Constitutional Tribunal is also affecting subsidiarity by its decisions. The first part is a review of the principle of subsidiarity in Polish Constitution. It also expresses the impact of principle on the Republic of Poland. The second part concerns the principle of subsidiarity in the ordinary law. It shows how the principle is being developed since the late 80’s. The last part is an attempt to reveal the implementation of subsidiarity in activities of local governments. It focuses on how subsidiarity can provide the right to operate freely and retain autonomy of actions.

  • Sejm cztery lata po przyjęciu Traktatu z Lizbony – rozwiązania prawne i praktyka parlamentarna

    Author: Magdalena Kupis
    Institution: Uniwersytet Śląski w Katowicach
    Year of publication: 2014
    Source: Show
    Pages: 93-123
    DOI Address: https://doi.org/10.15804/ppk.2014.01.05
    PDF: ppk/17/ppk1705.pdf

    The article attempts to give a comprehensive analysis of the legal and parliamentary practice in Poland, made after four years from the adoption of the Treaty of Lisbon. The special focus is given to three issues: regulations of the so-called cooperation law, regulations of the Rules of Procedure of the Sejm for the Committee of the European Union and the practical aspects of proceedings of the EU legislative proposals in the Sejm. The starting point of the above analysis is protocol on the application of the principles of subsidiarity and proportionality, introduced by the Treaty of Lisbon, which impose on the EU institutions to directly inform national parliaments of the content of EU legislative proposals for which is provided to express an opinion. Therefore, the Lisbon’s Treaty confers on Polish parliament the power having the nature of a veto in relation to decision reducing sovereign rights of Poland as the one of the member states. However, the present role of the Sejm in the functioning of the EU depends on its ability to exert a real influence on the European policy conducting by the government, which is related with a possibility of concluding the political consensus on the national level. The author suggests that for supervision of the EU’s principles of subsidiarity and proportionality, not only greater activeness of Polish parliament, but also providing mechanisms for the enforcement of the members of the Council of Ministers of the political responsibility for their actions in the EU institutions, is required. Otherwise, the solutions adopted in the Treaty of Lisbon will not affect on the existing European policy way in Poland, which leads government.

  • Local Law of Territorial Self-Government in the System of Sources of Law of the Third Polish Republic

    Author: Andrzej Bałaban
    E-mail: a.balaban@o2.pl
    Institution: Uniwersytet Szczeciński
    ORCID: https://orcid.org/0000-0003-3187-8329
    Year of publication: 2019
    Source: Show
    Pages: 63-76
    DOI Address: https://doi.org/10.15804/ppk.2019.06.05
    PDF: ppk/52/ppk5205.pdf

    The paper addresses the interpretation of the concept of local law issued by local gov- ernment, included in the Constitution of the Republic of Poland of 2 April 1997. Local law of territorial self-government, against authorizations of other law-making organs, features a broad spectrum of possibilities, from implementing acts to legislation differ- ent than statute, which depends on a specific statutory authorization that must carry out the constitutional principle of decentralization of public power under Article 15 and the principle of transferring to the local government of a substantial part of public du- ties under Article 16.

  • Państwo jako dobro wspólne a wspólnota samorządowa – tożsamość czy kolizja wartości?

    Author: Dariusz Dudek
    E-mail: dudek@kul.pl.
    Institution: Katolicki Uniwersytet Lubelski Jana Pawła II
    ORCID: https://orcid.org/000-0002-1372-9285
    Year of publication: 2020
    Source: Show
    Pages: 15-43
    DOI Address: https://doi.org/10.15804/ppk.2020.01.01
    PDF: ppk/53/ppk5301.pdf

    The constitution regulates many different goods and values that relate to individual and collective life. In the constitution of the republic, two types of civic communities are most important: the state as a common good and local government units. Author of the article analyzes these two values in the light of the Polish Constitution of April 2, 1997, historical and philosophical foundations, and especially the science of law and case law of the Polish Constitutional Tribunal. According to the author, the self-government community is an integral element of constitutional axiology, i.e. the idea of the common good that belongs to the essence of polish state. The principle of decentralization of public authority is an important technical and legal consequence of the concept of the republican state and the principle of subsidiarity, and not an independent axiological justification of the relationship between the state and local government. These relationships and their social acceptance depends not only on legal regulations, but also on the attitudes and responsibilities of politicians and ordinary citizens. The actual relationship between the republican state and the local government community and their social acceptance depends, however, on legal regulations, but also on the attitudes and responsibilities of politicians and citizens.

  • 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.

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