The Genesis of Legal Protection of Polish National and State Symbols

There is no protection in national and state symbols in Poland, there is no long tradition, because the first statutory regulations on this issue come from the first half of the 18th century, and comprehensive statutory protection has been in effect since 1919. The practice of using the eagle symbol as a sign of the Polish state and its authorities is much longer, because in the case of the emblem it dates back to 1005, and in the case of the coat of arms to 1295. The specificity of the status of state symbols in the monarchy and the lack of legal protection of the signs of rulers and states until the 19th century, it is impossible to carry out a legal analysis and examine the scope of protection. A change in this respect took place in the 19th century, i.e. at the beginning of constitutionalism and detailed statutory regulations, including codes. In the case of Poland, issuing such regulations was impossible or possible only for short periods of time, due to the fact that Polish lands remained under partition from the late 18th century to the beginning of the 20th century. Legal acts issued in the period 1807–1832 are of particular interest. However, the tendencies to isolate and protect state symbols in the regulations of the then European countries could only be implemented in Poland after 1918.

Autonomy of Religious Associations as a Constitutional Principle and Right

In the existing body of literature on the autonomy of religious associations, little attention has been paid to the normative nature of the formula adopted in the Polish Constitution, including the relation of the principle of autonomy to freedom of religion and belief. In this article, it is argued that religious autonomy, as expressed in the Polish Constitution, should be understood both as a constitutional principle and as a right of religious associations. The right to autonomy is not absolute and may be subject to limitations, but the closer the connection between the area of autonomy subject to regulation and the spiritual identity of the community concerned, the narrower the scope of permissible interference. The protection of the most sensitive manifestations of religious autonomy is safeguarded by the constitutionnal prohibition of interference with the essence of freedoms and rights.

The Current Legal Status of the Communities of Old Believers in Poland

The paper discusses the legal status of two communities of ‘old believers’ currently existing in Poland – Eastern Old Believers Church and Old Orthodox Church of Old Believers. The first part of the paper focuses on the controversy surrounding the Presidential Decree regulating the Eastern Old Believers Church of 1928. The widespread opinion concerning the expiry of the norms of the said decree is being challenged in this part. The second part focuses on the characteristics of the Old Orthodox Church of Old Believers, including a discussion of the case underlying the separation of the Old Orthodox Church of Old Believers from the structures of the Eastern Old Believers Church. In the last part, the position taken by the state regarding the dispute between the two mentioned religious denominations will be assessed in the perspective of the case law of the European Court of Human Rights.

The Constitution of the Republic of Poland and Exorcisms

This article examines the determinants and consequences of the rite of exorcism from the constitutional law perspective. The study was limited to exorcism in the Roman Catholic Church due to its dominance in the religious composition of population in Poland. Exorcism is clearly a manifestation of religion, and it is argued that its performance should be subject to constraints justified by the need to protect the health and the right to humane treatment of the exorcised. Therefore, it is necessary to call for the establishment of legal restrictions, both preventive (mandatory medical consultation before performing the rite, mandatory medical examination for exorcists) and ex-post (ban on performing the rite on a given category of people). On the other hand, an absolute ban on exorcisms would violate the essence of the freedom to manifest religion and would not satisfy the requirements of proportionality.

The Issue of Direct Submission of Candidates for Members of District Electoral Commissions

The aim of the article is to analyze the solution that allows voters to report directly to a member of the district electoral commission (without the participation of the election committee), in particular to present the advantages of such a solution from the point of view of the fairness of the election. The indicated procedure is an interesting solution both from the point of view of the voter and the election administration. In the first case, it eliminates the need for the voter to manifest his political sympathies. In the second one, it regulates the procedure of supplementing the committee members in the event of vacancies. As part of this paper, an attempt was also made to answer the question of what potential this procedure may have in the context of improving the electoral process. The formal and legal method was used in the work.

Constitutional Courts in the South Caucasus (Armenia, Azerbaijan, Georgia)

The functioning of the constitutional courts is a European standard, widely accepted also in post-Soviet countries. The following paper looks at the basic legal provisions of the constitutional courts in Armenia, Azerbaijan, and Georgia from a comparative perspective. While Armenia and Georgia undertake some democratic reforms, Azerbaijan remains a consolidated autocracy, what justifies such comparisons. It argues that despite being in line with European practice, there is no one model of a South Caucasus of the constitutional judiciary. The most important differences affect the nomination of judges, the scope of competencies, and the subjects eligible to submit the complaints. The study did not confirm the hypothesis that the model of the constitutional judiciary in Azerbaijan, as an authoritarian state, differs significantly from the more democratic models of Armenia and Georgia.

Position of the Leader of the Opposition in the Maltese Constitutional System

The subject of the article is the institution of the Maltese Leader of the Opposition. Using the institutional and legal method, the Author analyzes constitutional solutions (and, to a limited extent, their evolution since 1921), the practical use of provisions with reference to the political crisis of 2020 and recommendations for changing provisions that would enable the empowerment of the Opposition Leader and making the nominations to the most important organs of the Maltese state less partisan. As part of the summary, the Author points out: the relatively high level of detail in the solutions regarding the appointment of the Opposition Leader by the President, which, however, did not protect the Maltese system from the 2020 crisis; a very ineffective mechanism for appointing persons specified in the constitution with the participation of the Opposition Leader; a very limited catalog of matters in which the Opposition Leader participates in decision-making mechanisms.

Sovereignty of Parliament and Stability of Great Britain’s Political System in the Perspective of Consequences of the Brexit

Regime changes that occurred in Great Britain as the effect of Brexit have led to explicit reactivation of the sovereignty of parliament principle. Main warrant of political stability is identified with the Parliament of the United Kingdom. Main hypothesis of this article is that stabilizing activities that are undertaken by this institution influence three possible layers: stabilizing the community, political system and authorities. This overgrowth of competences can affect constitutional fundamentals of the regime. Probable effect of this ongoing process of changes will be endeavours to codify a constitution. Method that is employed in this paper is a method of system analysis, which seems to be the most adequate approach for researches of political stability. Considerations presented in the paper are included within the remit of political theory, political comparativism and constitutional systems.

Evolution of Grand National Assembly of Turkey’ Role in State System

The aim of article is to show the evolution of parliament’s role in Turkey and the changes taking place within the tripartite division of power from the time of the establishment of the Republic of Turkey (1920’s) to 2018. The article attempts to answer the following questions: how have the scope of competences and the position of the Turkish parliament changed? What are the competences of the parliament following the last reform of the Basic Law (1982)? The research hypothesis assumes that in the case of Turkey, we are dealing with a process of gradual deparliamentarization and replacement of parliament’s supremacy in the tripartite division of powers with a strong monocratic executive power. The changes taking place, characterized in successive basic laws and their amendments, can be described as a gradual weakening of the legislative power and the reduction of its powers in the structure of governmental bodies.

Tasks of the Parliament’s Inspector (Ombudsman) of the Republic of Lithuania in the Light of the Act of 4 November 2004 on Parliament’s Inspectors

The purpose of this article is to analyze the tasks of the Parliament’s Inspector (Ombudsman) in the Republic of Lithuania. The article takes into account the 2004 Act on Parliament’s Inspectors of the Republic of Lithuania, assessing the most important legal provisions contained in that act. The analysis of the tasks of the inspector of the Parliament of the Republic of Lithuania in the light of the Lithuanian act seems to be an issue worth scientific exploration. In the Polish specialist literature lacks considerations on this subject. The subject of the analysis is still a topical, because Lithuania – similarly to the countries of Central and Eastern Europe – during the political transformation established the institution of the ombudsman, which protects the rights of citizens. The research goal was achieved by using the method of institutional and legal analysis, which was helpful in the analysis of Lithuanian legal acts.

The Place of the Right to Internet in National Legal Orders

The information revolution, and the associated rapid development of technology, led to significant social changes. Currently every aspect of our life depends on access to the Internet. The conceptualization of the right to the Internet is a consequence of these changes and is an important element of the contemporary concept of the status of the individual. Many countries have started to implement it into their legal systems. The paper separates and assesses individual strategies of adopting this law. The research aim of the article is to answer the question: does the right to the Internet require direct introduction to the constitutional order of the state. The effect of the considerations is to define the desired place of the Internet right in the national legal order.

The Status of Illegal Evidence from the Perspective of Article 51 section 4 of the Constitution of the Constitution of the Republic of Poland

Understanding the Constitution as the essential act of a legal system prompts us to seek answers to even the most difficult questions in it. One of them is the problem of the status of illegal evidence, the use of which, although facilitating court proceedings, raises doubts from the perspective of constitutional principles. Therefore, this study’s task is to establish the status of such evidence from the perspective of Art. 51.4 of the Constitution, taking into account the theoretical and legal distinction between norms shaping the rules of formalization and conventionalization of evidence activities.

Economic Aspects of The Interpretation of The Law on Health Protection in the Constitution of the Republic of Poland

The article presents considerations on the impact of the interpretation of the constitutional right to health protection on the functioning of the public health care system. The issues include the discrepancy between the literal interpretation of the constitutional norm and the interpretation of the Constitutional Tribunal. The inconsistency of the application of a constitutional norm in legislation leads to inequality in accessing health services for some groups of citizens and affects to some extent the financial stability of health providers. To ensure higher efficiency of constitutional norms, it is necessary to analyse their socio-economic preconditions and to reflect on the effects of their introduction into the legal system. Otherwise, a dead law is created, which is interpreted in accordance with the currently applicable lower-level legal acts.

The Freedom to Teach vs. Autonomy of Academic Education According to Act 2.0

The issue of work is the autonomy of academic education. Analyzing the factual and legal conditions for adopting the so-called Constitution for Science and applying Act 2.0. in the field of conducting studies leads to considering the presented issue. In this way, the work aims to determine whether legal rules of creating studies curricula, in force since the 2019/2020 academic year, provide universities with the necessary institutional autonomy and guarantee freedom of teaching. The work concludes that the adopted regulation adequately realizes the autonomy of academic education. The analyses show that the adopted solutions enough balance the requirement to protect the public interest and the need to respond to the needs of the socio-economic partners of higher education institutions. In this way, the quality of education is balanced with the need to introduce new curricular content into the programs of study, responding to the challenges of today’s university graduates.

Constitutional and Statutory Regulation of Remote Education. Theory Versus Practice. The Case of the University of Rzeszów

The article compares the provisions of the legal regulations on the remote form of education with the actual scope of their application in the academic environment. The research method used was an analysis of documents such as the Constitution of the Republic of Poland, the Act ‘Law on Higher Education and Science’, regulations of the Ministry of Education and Science and internal legal regulations (Orders of UR). The aim of the research was to compare the provisions found in the aforementioned legal regulations with their practical application in the realities of higher education, while the case study of this analysis was the University of Rzeszów. The conclusions obtained may be used to verify solutions both in the course of the standard implementation of the educational process and the introduction of remote education in crisis periods. These include the need for blended learning or the establishment of distance learning centres.

The Code of Conduct for European Lawyers (CCBE) in the Polish Legal System

The Code of Conduct for European Lawyers, adopted by the Council of Bars and Law Societies of Europe (CCBE), purports to be adopted as enforceable rules in relation to the cross-border activities of the lawyers. The object of this article is to examine whether the Code is a binding act for attorneys at law and attorneys. The professional self-governments have recognised the Code as a binding act for their members, but the analysis leads to the conclusion that there is no basis for this in Polish law. Furthermore, the Code is not an internal act within the meaning of Article 93 of the Polish Constitution. This means that neither attorneys at law nor attorneys can be held disciplinarily liable for breaches of the Code. In order to ensure the effectiveness of the provisions of the Code, they should be included in the professional codes of ethics of these professional self-governments.

Legally Permissible Use of Quality Management Tools by Local and Regional Authorities

The subject of the considerations is the use of quality management instruments by local government units. The analysis of their activities shows that in their practice they implement quality-oriented measures in different areas. This fact is confirmed by public information available on the BIP website, describing, for example, the implementation of a given system or the use of a specific methodology or quality management tool. The legal bases for the use of quality management tools by local and regional authorities need to be examined in order to determine the content of the legal provision giving them the power to implement quality-related measures. Consequently, the article reaffirms the thesis on the legal admissibility of using the instruments of quality management by local government units, indicates its scope and formulates the concept of quality management instruments in the context of the functioning of local government.

Some Remarks on the Background of the Bill Amending the Establishment and Functioning of Senior Citizens’ Councils

This article is an assessment of the planned normative changes to the content of local government laws, i.e. the Act of 8 March 1990 on municipal government, the Act of 5 June 1998 on county government and the Act of 5 June 1998 on provincial government, as regards the operation of senior citizens’ councils. The purpose of this study is to identify the main problems, which may be a contribution to further in-depth doctrinal discussion. The main modifications relate to the possibility of introducing the indicated instrument of semi-direct democracy also at the county and voivodeship level, as well as the initiative to establish a council of seniors at the request of residents. The conducted considerations contain specific de lege ferenda postulates and also determine whether the planned changes will not affect the essence of the indicated participatory instrument.

Constitutional Guarantees Protecting Professional Secrecy in the Practice of an Attorney under US Law

The subject of the article is the types and characteristics of guarantees created to protect legal professional secrecy in the USA. It is inseparable from its character and role in the performance of the legal profession. The right to privacy is not without significance for the subject of the article, which is the fundamental value and the core of the relationship between the lawyer and the client. These guarantees are one of the most important factors in the legal protection of professional secrecy – crucial not only for the client, the lawyer himself, but also for the entire legal protection system. In particular, attention was paid to the main issues concerning legal secrecy in the Amendments to the US Constitution, which indirectly create a protective system for it.

The last decades have been a time of dynamic changes in the scope of public management tools, as well as a gradual increase in the participation of citizens at every stage of public decision-making. That is why application of ICT tools in practice of public policy implementation is currently a popular direction of public administration development. The aim of the article is to analyse how this postulate is implemented on the example of Polish participatory budgets. On the basis of quantitative research the authors have analysed participatory budgets that function in towns with powiat rights. In the conclusions it is stated that ICT are applied only partially within the public policy environment and are used to popularise participatory budgets and to facilitate the process of voting for the submitted propositions.

The COVID-19 pandemic made the authorities of many countries take extraordinary steps to prevent the new disease from spreading. They were not limited to improving the operation of healthcare but also extended to a range of areas of social and political life. That resulted in restrictions to fundamental human and civil rights and freedoms. A number of doubts voiced in the public debate in this connection encourage a scientific consideration of the legal aspects of restricting the rights and freedoms in connection with the pandemic. This paper is aimed at presenting disinformation as a hazard to the right to the freedom of speech, constitutionally protected in democratic states.

Report: Meeting with the Commissioner for Human Rights Prof. Marcin Wiącek on: Current Challenges Facing the Commissioner for Human Rights, Szczecin Bar Association, Szczecin 3 November 2022

Gloss to the Judgment of the Supreme Administrative Court of 7 April 2022, file ref. no. III OSK 4374/21

In the commented judgment, the Supreme Administrative Court (hereinafter: the Supreme Administrative Court) made a significant confirmation of the effectiveness of sending applications by electronic means (ordinary e-mail) to entities obliged under the provisions of the Act on Access to Public Information, even when such an application (e-mail) does not go directly to the mailbox address or to the e-mail address of a specific person indicated as competent to accept them on behalf of the obligated party, but to spam, or other various defined folders in the IT system used by the obligated party. The author emphasizes the legitimacy of not only the ruling of the Supreme Administrative Court, but also its substantive justification.

Gloss to the Judgment of the District Court in Kielce of August 25, 2022, file ref. no. IX Ka 715/22

The gloss aims to indicate the limits of freedom of expression, set by provisions on hate speech and destruction of property. These limits are indicated by the analyzed case where the property was damaged as a result of publicly displaying political posters. However, the court misinterpreted the law, leading to a conviction for an offense rather than a crime. There was also no obligation to redress the damage. The author discusses how there were generally no grounds for conviction and the accused should be acquitted for a different reason.

Twenty Years Later – Remarks on the Financing of Political Parties in Poland

Financing of parties is an issue that interests and excites many, not only members of specific parties, but also, or perhaps especially, the so-called regular Joes. Emotions may not come as a surprise, as financing parties has provided material for many surprising stories in the past. After 1989, the rules for financing of political parties in Poland were modified several times until they were regulated in the fullest way in 2001, with the introduction of party financing from the state budget. The article takes a closer look at the evolution of the rules on the financing of political parties and analyses the doubts that have arisen during more than 20 years of the current statutory regulation.

Financial Autonomy of Local Government Units in the Constitution of the Republic of Poland – Selected Problems

The scope of this article is to show selected problems concerning constitutional regulations of financial autonomy of self-government units in Poland, in the light of the legislator’s freedom to determine their incomes by bills. It appears that in the light of the current regulations, the freedom of the parliament is too great, which significantly limits the financial independence of local government units. The article will present proposals for changes to Polish constitutional regulations in this area in order to increase the self-government financial autonomy, with reference to the solutions in force in selected European countries. It is necessary to increase the influence of self-government about bills concerning their incomes and expenses, so it should be a constitutional obligation to consult such projects on the forum of the Joint Government and Self-Government Commission. The postulate of transforming the Senate into a Self-Government Chamber is also worth considering.

Debt Limit from Article 216(5) of the Polish Constitution in Times of the COVID-19 Pandemic and the Russian-Ukrainian Conflict

The purpose of this article is to analyse proposed amendments to the debt limit from Article 216(5) of the Polish Constitution. The constitutionalization of the above limit raised many concerns and doubts, which returned in times the COVID-19 virus and Russia’s invasion of Ukraine in 2022. In the ongoing debate in recent years, it was proposed to raise reference value of debt to 90% of GDP or to exclude defence spending from the rigour of the constitutional rule. Undertaking an assessment of the proposed amendments the author first discusses the ratio legis of the fiscal rule and the problem of its application in extraordinary situations. The analysis allows the conclusion that undoubtedly the constitutional debt limit should be amended, however the above proposals do not solve the essence of the problem and thus do not deserve to be taken into account.

Constitutionalism Against Constitutional Democracy? Remarks on Martin Loughlin’s Against Constitutionalism

The subject of the article is a polemic with M. Loughlin’s thesis that constitutionalism as a philosophy of governance can be realized only in one form. Referring to the theory of worldviews, it can be said that the styles of constitutional interpretation stem from different experiences and accompany different practices. Although various doctrines may be united by a commitment to democracy, irreducible social pluralism determines the constant dispute over the best interpretation of the constitution. Constitutional democracy can be one of the forms of constitutionalism, if it is perceived as an interpretative concept.

Preventive Control of the Compliance of Laws with the Constitution – the Effectiveness of the Instrument in the Light of Legal Assumptions and Practice

The author analyzes competence of the President to initiate a preventive constitutional review and the legislative veto. The Constitution does not exclude the use of a veto if President has doubts as to the constitutionality of the act. He describes the Polish systemic practice preventive control more specifically indicates the specific actions of the current President, the subject of initiatives and judgments of the Tribunal. In conclusion author recognizes disadvantage of regulating the preventive constitutional review of statutes: there are no temporal rigors for proceedings before the Constitutional Tribunal. Practical preventive initiatives of the President concerned important issues and usually had a positive effect although the Tribunal sometimes adjudicated in these cases with considerable delay or groundlessly discontinued the proceedings. In systemic practice, the President’s legislative veto is a more effective instrument. A choice of measure of eliminating a “constitutionally suspicious” act, depends only on the President’s decision.

Legal Consequences of the Addressee’s Failure to Reply to an Interpellation or of Replying Late

The article presents the essence of parliamentary interpellations, refers to the obligation incumbent on the addressee to provide an answer within the time limit indicated in the Constitution. The author is of the opinion that not replying or replying after the deadline is a constitutional tort and is subject to liability before the State Tribunal. The currently occurring, rather negative parliamentary practice necessitates appropriate amendments to the Parliament’s Rules of Procedure. These changes should also cover the issues of abuse of the right of interpellation and enquiry by.

Postulates of the National Electoral Commission Regarding the Desired Direction of Changes to the Electoral Code

The aim of this article is to make a critical analysis of the postulates for amending the Electoral Code, proposed by the National Electoral Commission. We can agree with a large part of the above postulates, although their final normative shape will be of key importance in this case. However, there are also some proposals that can be considered at least debatable. First of all, this concerns the postulate to abandon the judicial composition of district electoral commissions, because even despite doubts as to the legality of the appointment of judges with the participation of the unconstitutional composition of the National Council of the Judiciary, guarantees of judicial independence are also a safeguard against politicization of the composition of subsequent election administration bodies. Anyway, it is worth emphasizing that the NEC’s proposals were in practice intended to constitute a form of justification for introducing changes contrary to the fundamental principles of electoral law, which took place in the winter of 2023.

Protests in Local Elections – Postulates de lege ferenda

The aim of the study is to present the problems related to the auxiliary application of the provisions of the Code of Civil Procedure in electoral protest cases. Selective application of the provisions of the Civil Procedure Code by courts confuses voters and has a negative impact on their confidence in the institution of protest. An example may be the application by courts of the provisions on instruction deadlines in appeal proceedings. Similarly problematic is the assumption that the deadline for submitting a protest is a strict deadline with a simultaneous distinctness in the manner of its behavior compared to the Code of Civil Procedure. The introduction of a separate procedure regime and the ordering of the rules concerning the procedure in electoral protest will facilitate the work of courts and the access to this institution for voters.

Electoral Knowledge of Generation “Z” in the Perspective of a Quantitative Study on Secondary School Students in Warsaw

The research problem of the described study was the electoral knowledge of representatives of generation Z. The aim of the content of the article is to clarify the extent to which today’s secondary school students are familiar with the principles of electoral law and to determine the significance of gender on their level of knowledge in this area; obtaining information on the self-assessment of knowledge regarding electoral law and elections, as well as the importance of the length of learning for the level of self-assessment, as well as learning about the most convenient form of voting in the opinion of secondary school students. Research to date in this area has mainly focused on the millennial generation, not on today’s youth. This text therefore seeks to fill this gap. The study was carried out by means of a diagnostic survey using a survey technique and an online survey questionnaire research tool.

Public Hearing in Poland – a Legitimising Dimension of Citizen Participation in the Legislative Process

The article is devoted to the practice of using participatory tools in the law-making process in Poland. The subject of the study was the public hearing introduced into the Polish legal order in 2005. It mainly used the institutional-legal and comparative methods. Embedded in the framework of the theoretical concepts of participatory, deliberative, and pluralist democracy, the presented analyses focus on the legitimizing dimension of the public hearing procedure. The analysis of the normative construction and practice of using this institution allows for formulating general conclusions that indicate its legitimizing potential, including its potential to influence institutional arrangements. At the same time, however, this practice revealed a specific “sensitivity” of public hearing procedure to the political and social context, carrying the risk of transforming it into a kind of facade institution for the representative rule (with a somewhat illusory participatory character.

Direct Effect of Applicability of the Ruling of the Constitutional Tribunal after Publishing it

The subject of this elaboration is legal effect of the ruling of the Constitutional Tribunal, that arises after it has been published. The purpose of this elaboration is to present doubts related to application of rulings of the Constitutional Tribunal, based on the art. 8 para. 2 of the Constitution due to the art. 118 and 190 of the Constitution. Pursuant to these articles, the ruling is given legal effect after its publication, not earlier. By adjudicating with regard to the provision being at variance with the Constitution, the Constitutional Tribunal actually imposes the effect on the legal system in the form of repeal of this provision. On the one hand the legal system becomes constitutional but on the other a legal loophole may arise from lack of regulations.

Requirement of the Statutory Nature of Limiting the Principle of Openness of Action of the Bodies Constituting Local Government Units

The article aims to draw attention to the practical problem of introducing into the statutes of communes provisions limiting the transparency of the activities of decision-making bodies, without the authorization resulting from the act. The provision of art. 15zzx sec. 1 of the Anti-Covid Act entitles collective bodies of local government units to hold meetings and sessions remotely only during the state of epidemic emergency or the state of epidemic related to counteracting COVID-19 disease and constitutes an independent legal basis in this regard. Therefore, this provision cannot be introduced into the statutes of local government units by extending the possibility of organizing a remote session in the event of other epidemic states or a threat to the life or health of councilors in the future.

Remarks on the Shaping of the Ombudsman Institution in Poland and Mexico, 1990–2022

The ombudsman institution has become a barometer of implementing the rule of law, democracy and transparency system. Does the fact that the institution of the ombudsman was established in authoritarian countries influence its activities today? This question will be the subject of a comparative analysis of Poland and Mexico, in which there has been a democratic transformation in recent decades. In conclusion, it should be observed that despite the historical and political differences, we are dealing with a similar context and mechanism of functioning of the ombudsman institution. Both countries have an authoritarian past and both underwent a democratic transformation in the 1990s. and both struggle with contemporary forms of authoritarian forms of power.

Legal Protection of Freedom of Thought, Conscience and Religion

Freedom of thought, conscience and religion is one of the fundamental freedoms of individual, which has to be and is protected by international and national law, as shown on the example of the Polish Constitution. Freedom of conscience includes both the right of individual to choose the worldview and the right to change it. Freedom of religion ensures the right to express and manifest the views and convictions on religion individually and collectively, privately or publicly. Considering derogation of freedom of thought, conscience and religion, international law states that it may be restricted, but only in specific circumstances and under the legal act. The Polish Constitution is in line with international law in terms of restricting the above freedom.

The Constitutionality of Excluding the Openness of Court Sessions in Civil Proceedings – a Contribution to the Discussion

This article is a contribution to the discussion on the constitutionality of examining civil cases in camera. The remarks presented in the article are based on the assumption that the essence of in camera sessions is not compliant with the constitutional right to an open examination of the case, which – being a component of the right to a properly shaped court procedure, co-creates the content of the right to a court. These sessions are the most far-reaching form of limiting, or rather excluding, openness of court sessions – both in its external and internal aspect. Therefore, the article attempts to assess the use of in camera sessions considering acceptable exceptions to the public nature of court sessions. Finally, reference was made to a party’s right to consideration of a case without undue delay, which also co-creates the right to a court.

Constitutional Determinants of the Scope of Cognition of a Court Bailiff after the Entry into Force of the Act of 4 July 2019 Amending the Act – Code of Civil Procedure and Certain other Acts (Dz.U. 2019, item 1469, as amended)

The goal of the paper is to present the compliance with the Constitution of the Republic of Poland of the current scope of cognition of a court bailiff in civil proceedings. After the entry into force of the amendment to the Code of Civil Procedure of July 4, 2019, the bailiff is obliged to examine the limitation period for the creditor’s claim. This state of affairs raises important constitutional doubts. The assessment of the title issue would not be possible without taking a stance on the decision of the Constitutional Tribunal of 22.07.2022, P 23/19. The study uses a dogmatic-legal research method.

The Right to Free Legal Aid in the Light of the Constitutional Principle of Equality

The aim of the article is to analyze the solutions enabling the use of legal aid in the light of the principle of equality under the Art. 32 of the Constitution of the Republic of Poland. There is an inconsistency between the aid at the judicial and pre-court stage. Theoretically, both forms of legal aid are aimed at people in a difficult financial situation. In practice, aid at the pre-court stage can be provided to both poor and very wealthy people, as the assessment of the inability to bear the costs of paid legal aid is based only on the subjective belief of these people. On the other hand, the grounds for obtaining legal aid at the judicial stage must be clearly demonstrated by the person applying for the appointment of a professional lawyer.

Right to Secession. The Constitutional and Meta-Legal Argument of the Old South of the United States

Before the outbreak of the Civil War, the theorists and politicians of the South of the US developed the theoretical instruments of resistance to what they considered tyrannical practices of the federal government. Just next to interposition and nullification, the most radical measure was the right of secession. In the article, the author distinguishes between constitutional and meta-legal arguments. The first ones refer to the thought of the Founding Fathers, the spirit of ‘98 and the concept of states’ rights. Its main elements are: the contractual nature of the Union, the original sovereignty of the states and the interpretation of the phrase: “We the People” used in the Constitution. In turn the philosophical justification refers to the right of resistance to tyrannical government contained in the Declaration of Independence. The two group of justifications appeared together, and the author searches for them in the acts of secession of South Carolina and the CS Constitution

The subject of the article is a reference to beauty in the preamble to the Constitution of the Republic of Poland of 1997. First, the legislative history of the fragment of the introduction to the Constitution, which constitutes beauty as a universal value, has been presented. Then it has been interpreted, taking the position that the constitutional concept of beauty is not only an aesthetic category but also an ethical category. Finally, a study of jurisprudence and normative acts has allowed to define the scope of beauty operationalization as a constitutional value. Critical reference has been made to the state of affairs in which beauty, being an element of constitutional axiology, plays a barely noticeable role in the practice of creating and applying Polish law.

In this article, the author argues that the introduction of measures in Poland to remedy violations of the rule of law, particularly regarding the judicial system, does not require so far referring to the principles of transitional justice. The author loosely refers to Ernst Fraenkel’s concept of a dual state which is sometimes used to describe the political reality in contemporary Poland. In a dual state, there are two parallel realities, and apart from politicized organs there may also exist institutions that have not yet been captured by the ruling party, i.e. institutions that do not recognise the current, unconstitutional legal order. Therefore, according to the author, the assessment of the legal legitimacy of certain institutions or persons (including judges), after the restoration of the rule of law in the nearest future, may differ from the classic transition from a completely non-democratic to a democratic regime.

This article systematises procedures for dismissing a Head of State in the countries of South America. We look at the genesis of introducing impeachment to the constitutions of countries in this part of the world, paying close attention to the specific historical background of the Western Hemisphere, then focusing on the categorization and systematisation of the procedure itself. We present three models of the presidential impeachment in South America: Judicial, Bicameral and Unicameral. Using a contextual approach, doctrinal research, comparative method and theory-building strategy, we discuss the general features of these models and the specificities of use in each country of the continent.

The subject of the research is the problem of mass migration of the intellectual elite from Belarus. The analysis of the current situation in Belarus shows that a special role in the migration of Belarusian scientists and academic teachers is not played by economic factors, but to a greater extent, by political and social factors. Migration has taken the form of flight from Belarus, which is leading to a huge crisis in Belarusian science, education and society in general. The largest number of Belarusian scientific migrants is in Poland, where programs of assistance to Belarusian scientists and favourable conditions for moving have been created. Highly qualified specialists, leaving to work in other countries, bring significant bene-fits to the host country, at the same time causing huge, irreparable damage to the country they leave. For host countries, the migration of the intellectual elite serves as a tool to increase the country’s competitiveness in the world market.

Review: Grzegorz Kryszeń, Referendum as an Institution of Direct Democracy, ISBN: 978-83-65696-78-6, Publishing House Temida 2, Białystok 2020, pp. 182

Report: Session Organized by the Stefan Batory Foundation entitled Threats to the Integrity of the Electoral Process, Poznań, March 2, 2023.

Reliability as a Constitutional Requirement of the Quality of Public Administration

The article analyzes reliability as a constitutional requirement of the quality of public administration in Poland. Integrity is traditionally framed within the control criteria. The second element is the regulation concerning the civil service. The third perspective is determined by the principle of reliability and efficiency of public institutions. The main purpose of the article is to determine the content of the concept of reliability used in the Constitution in these three contexts, as well as what are the differences in meaning from the perspective of the requirements for public administration, derived both from the constitutional provisions themselves, as well as from other normative acts and court decisions. In addition, the purpose of the analysis is also to determine the meaning of the constitutional concept of reliability in the Polish legal system.

The Concept of Legitimacy on the Example of the Status of a Judge in Polish Constitutional Law

The subject of the analysis is the definition of legitimacy of the systemic status of a judge. The author has previously reconstructed two lexical understandings of the term “legitimacy”, which he defined as “state” and “process,” respectively. The thesis, that the way of defining the term “legitimacy” as “process” is adequate for analyzing the legitimacy of a judge’s constitutional position is the apex for further research. The author has formulated his own definition of legitimacy, referring to the judge’s systemic status. This is a particularly momentous task given the complexity of the construct of legitimacy, as well as the prevailing terminological confusion in the doctrine. The problem of legitimacy with regard to judges is crucial not only in terms of the legitimacy of their constitutional position, but also in terms of a possible finding of lack of legitimacy, given the consequences of this.

Constitutional Right to Resistance in Europe. A Comparative Study

The purpose of the article is an analysis of the right to resistance present in European constitutions, mainly in Central and Eastern Europe. The author defines the concept, indicates its origins, provides its classification and explains reasons justifying contemporary shape of this institution in fundamental laws of European states. The author, applying comparative method (according to the procedure of K. Zweigert and H. Kötza), as well as formal-dogmatic and functional methods as auxiliary means, offers a systematic summary of the results achieved due to the comparison and delivers a critical assessment of such results. The result of the research proves that the right to resistance may be deducted and conceptualized from the principle of a democratic state of law contained in the Polish constitution.

The Constitutional Freedom of Economic Enterprise and the Protection of the Primate of the Private Property in the Context of the so-called States’s Golden Share

The subject of the study is the special privilege of the state in companies in which – having a minority of shares – they have golden share, and therefore the ability to exert an authoritative influence on significant decisions of the company, going beyond the capital position. This means limiting the freedom of enterprise and the primacy of private property. Golden share can be understood as an attempt to reconcile the interests of private owners with an important public interest in certain sectors of the economy where the interest of the state becomes particularly important. Since it is an exception to the equal position of shareholders, its use in economic policy should be extremely rare.

The Constitutional Principle of Consumer Protection (Article 76 of the Polish Constitution) in the Judgments of the Supreme Court

One of the constitutional principles is the principle of consumer protection expressed in Article 76 of the Constitution. The paper adopts a research hypothesis according to which this principle plays an important role in the process of application of the law by the Supreme Court and justification of its judgments. The hypothesis was verified through the analysis of several dozen judgments issued during the period of the Constitution. This analysis made it possible to confirm the hypothesis. The Supreme Court invokes the title principle in many of its judgments for persuasive purposes (to strengthen the argumentation contained in the justification) and also uses it as an interpretative guideline. The role of the title principle has increased after the entry into force of the provisions on the extraordinary complaint, as recourse to it creates the possibility to set aside final judgments whose issuance has led to the violation of consumer rights.

The Systemic Nature of Pardon and Amnesty in the Context of the Institution of Extradition

The article addresses the issue of the concept, scope and systemic character of pardon and amnesty in correlation with the institution of extradition. It presents the divergent positions of the doctrine regarding the interpretation of the nature of the title measures and possible ways of recognizing the status of a person who has been pardoned or amnestied, and at the same time the request for extradition applies, by international agreements regulating extradition transactions. The aim of the article is to analyze the legal conditions of pardon and amnesty in comparison with binding standards in the field of extradition, both those that qualify the impediment to pardon and amnesty as an obligatory extradition impediment, and those that do not give it the indicated character. As part of the work, research methods traditionally applied in legal sciences were used, the formal-dogmatic method, the comparative method and the historical-legal method.

The European Union Media Freedom Act in the Context of Organizations’ Activities to Improve the Quality of Democracy

The European Union’s activity in the area of media, which has been undertaken for the past four decades, demonstrates a growing interest in the problems of the sector od media services, not only in economic terms but also in establishing regulations to strengthen their independence, pluralism and the quality of their contene. Axiological aspects, expressing the values on which the EU was built, are reflected in an important piece of legislation that was presented by the European Commission in September 2022. The European Media Freedom Act proves that issues of freedom and pluralism have become a sensitive area for the Union. The document highlights the dual nature of the media – economic players in the market and an important actor in the social areas, meant to create a sphere of civic society activities and a space for promoting the standards of liberal democracy: economic freedoms and individual liberties.

The Influence of the Constitutional Principle of Subsidiarity on the Shape and Functioning of Local Government

In the contemporary literature on the subject, there is no doubt that local government performs tasks of a public nature. It is also acceptable for the local government to use legal instruments typical of the state authority. However, the issue of the principle of division of powers between the state and local government is disputed. If the existence of a local government equipped with its own, independently performed scope of tasks and responsibilities has been recognized as a legal principle of constitutional rank, then the division of tasks cannot be made in an optimal way only between separate state authorities (this is the so-called horizontal separation of powers). This division should be “vertical”, i.e. by allowing other non-state entities, mainly local governments, to perform state functions. Both the doctrine and the European community use the principle of subsidiarity when resolving the problem of separation of powers.

Balancing Constitutional Rights and Freedoms in Judicial Application of Law

The article analyzes the issue of the cognition of courts to weigh constitutional rights and freedoms, both in relation to vertical and horizontal relations. The view is defended that the courts are obliged to apply the weighing mechanism to constitutional rights – pursuant to Art. 31 sec. 3 and Art. 31 sec. 2 sentences 1 of the Constitution of the Republic of Poland. The constitutional adequacy of the final determination of the conditional priority relationship between the competing principles of law by the legislator is being examined. It is shown that the conclusiveness and correctness of establishing this relationship require weighing the principles in concreto sensu stricto, which can only take place at the stage of judicial application of the law. However, this does not mean that there is a gap in the Polish system of protection of individual rights and freedoms.

Family Farm as the Constitutional Basis of the Agricultural System in the Light of the Draft Agricultural Code

The article presents issues related to the definition of the family farm as the constitutional basis of the agricultural system in Poland. The main doctrinal assumptions of Art. 23 of the Constitution are presented, and reference is made to various possible interpretations of this provision of the Constitution. An analysis was made of the evolution of the definition of the family farm in Polish constitutional and political system law against the background of European regulations. The significance of the family farm in modern agricultural real estate trade and its compliance with the Constitution were presented. The core of the consideration is the evaluation of the new proposal for the definition of a family farm in the draft Agricultural Code in the light of Art. 23 of the Constitution and its influence on the law. This assessment is critical of the definition under consideration. In conclusion, de lege ferenda conclusions are indicated.

The Right to Defence of an Offence Defendant in the Light of Art. 42 sec. 2 of the Polish Constitution

The text presents the problem of autonomy of proceedings in misdemeanour cases, with particular emphasis on the situation of the accused and their right to defence. The author puts forward a thesis concerning the necessity to recognise that the provision of Art. 42 of the Constitution of the Republic of Poland should be applied to the accused, even though this provision refers to guarantees of the right to defence for persons appearing in criminal proceedings, and not literally for persons against whom proceedings in misdemeanour cases are conducted. The extension of constitutional guarantees to defendants is important for the defendants themselves, but also for the coherence of the justice system and court procedures, as only in this way does the constitutional benchmark of a fair trial become feasible.

The Material Scope of Immunities in the Light of the Notion of “Criminal Liability” in the Constitution of the Republic of Poland

In the article the author analyses whether the notion of ‘criminal liability’ contained in constitutional provisions relating to formal immunity should be understood in the same way as the identical term in art. 42(1) of the Constitution of the Republic of Poland. The author answers affirmatively to such research question, relying on linguistic directives of interpretation (prohibition of synonymous and homonymous interpretation), as well as the need to safeguard the effectiveness of immunity. Alternative line of interpretation – presented in the judgment of the Constitutional Tribunal P 31/12 and based on exceptiones non sunt extendendae argument – is rejected. From this one can derive a conclusion that formal immunity provides protection against i.a. liability for administrative infractions. The author observes as well that statutory provisions which precise constitutional regulations on immunity do not cover such situations.

Subjective Scope of the Right to Defense in Criminal Proceedings in the Light of Art. 42 sec. 2 of the Constitution of the Republic of Poland

The article focuses on the comparison of the personal scope of the right to defence specified in Art. 42 sec. 2 of the Constitution of the Republic of Poland and regulated in article 6 of the Code of Criminal Procedure. The jurisprudence of the Constitutional Tribunal indicates the need to extend the right of defence to any person against whom the authority undertakes prosecution, while article 6 CCP grants this right only to the suspect and the accused. The article draws attention to the situation of a suspected person who has not yet been charged. Doubts as to the scope of the right to defence relate to the statements made by this person both during the hearing (of the detained person) and during the interrogation as a witness. An analysis of all rights and obligations of this person from the constitutional point of view exceeds the scope of this study.

Examining Conscientious Objection as a Mean of Safeguarding Individual Freedom of Conscience: Reflections on Art. 85 of the Polish Constitution

This article examines the conscience clause, which is also known as conscientious objection, and its purpose in protecting an individual’s beliefs when they come into conflict with positive law. Specifically, the author discusses how the conscience clause applies to the constitutional duty to perform military service. In the case of mandatory military service, the legislator recognizes the possibility of a conflict of conscience for an individual when the duty to perform military service would be in conflict with the moral principles upheld by that individual. To address this issue, the legislator has introduced the institution of alternative service. Alternative service, which includes, among other things, work in the fields of environmental protection, fire protection, healthcare, social assistance, and care for people with disabilities or the homeless, has become a constitutional guarantee for the freedom of conscience and religion expressed in Article 53 of the Constitution.

Limitation of the Compensation Moderating in Relations Between Natural Persons (Art. 440 of the Civil Code) from the Point of View of the Principle of Equality

The measure of compensation regulated by Article 440 of the Civil Code is a limitation of the principle of full compensation. This provision implies the possibility to limit the obligation to compensate for the damage if the principles of social co-existence require it. However, the application of Article 440 of the Civil Code is only possible in relations between natural persons. The provision therefore omits legal persons and “crippled” legal persons. This restriction raises questions from the point of view of the constitutional principle of equality before the law. The purpose of this article is to analyse the compatibility with the principle of equality before the law of the limitation of the mitigation of damages to relations between natural persons, to the exclusion of other private law subjects. The considerations in the article lead to the conclusion that the restriction of mitigation to relations between natural persons is unconstitutional.

The Council of Europe plays a special role in promoting democracy, the rule of law and the protection of human rights. The events of recent years, and especially Russia’s aggression against Ukraine, have significantly changed the conditions for the implementation of the Council of Europe’s mission. The author analyzed, based on the resolution of the Parliamentary Assembly of the Council of Europe 2473 (2022) “Strengthening the role of the Council of Europe as a cornestone of the European political architecture”, the activities of the Council of Europe aimed at seeking its role in the emerging new political architecture of Europe. Russia’s aggression against Ukraine may create conditions for a new look at the opportunities offered by the Council of Europe for European development and create a climate for intensifying forms of cooperation between European international organizations in the event of new threats to European development.

The ongoing sustainable development transformation of socio-economic life in a contemporary state inevitably impacts its legal system. The concept of ‘environmental rule of law’ proposes a model regulatory approach based on the assumption that the rule of law is a prerequisite for effective enforcement of environmental protection in a democratic country. Presently, one of the main challenges in that regard is the problem of public authorities lacking efficiency in enforcing environmental law. For this reason, a critical assessment of Art. 2 of the Polish Constitution is required in order to establish the extent to which the recognition of the concept has already taken place in the Polish legal system and to form recommendations on the necessary research into the rule of law conducted from the joint perspective of constitutional and environmental law in the context of international obligations of the Polish State.

According to art. 57 of the Constitution of the Republic of Poland of April 2, 1997, freedom to organize and participate in peaceful assemblies has been guaranteed to everyone. The condition for exercising this right is meeting the requirements set out in detail in Law on Assemblies. One of the types of assemblies is the organization of such events on a regular basis. Consent to the organization of cyclical assemblies is given by the provincial governor, as the representative of the Council of Ministers in the given province, which is an exception to the general rule according to which the decision on the organization of assemblies is issued by the commune authority, a representative of the local government. The aim of the article is to present in a comprehensive way the provincial governor’s rights in matters of assemblies organized cyclically, as well as to show the specificity of the procedure.

The material independence of judges is one of the essential guarantees of their independence and, at the same time, the proper functioning of the judiciary. Of course, one should not conclude from this that there is a simple relationship between independence and the material status of judges, nor should one presume a general prohibition on reducing judicial salaries. Undoubtedly, however, commensurate remuneration is permanently linked to the question of judicial independence. The aim of this article is to analyze premises of the permissibility of “freezing” adjustment of judges’ salaries in the light of international legal standards. The article is based on a specific factual situation, as in 2023, that basic salary adjustment for judges of common courts in Poland was “frozen” for the third year in a row.

The paper concerns the subject of the early mayoral elections at the town level in Ruda Śląska, held in September 2022. As a background for the presentation of the central case, the article refers to other earlier mayoral elections held in the same term (after the elections of 2018). The main aim of the analysis is to verify the research hypothesis that early elections of town mayors, held in Poland after 2018, confirm that application of the principle of direct elections favors candidates independent of state-wide parties. The source material for the research consisted mainly of documents of the National Electoral Commission, as well as Polish legal acts related to local electoral processes. The authors have investigated selected sources using the content analysis method. To achieve the research aim, results for particular elections were compared.

The Polish Armed Forces occupy an important position in the state’s defence system, and their status is determined by the legislator itself. In connection with recognising cyberspace as an operational domain, the military dimension of cybersecurity has gained significance and it has become necessary to establish a military formation with competencies in this field. Responding to the need to counter cyber-attacks threatening the military security of Poland, the legislator established a specialised component in the Polish Armed Forces, referred to as the Cyberspace Defence Forces. The establishment of this military structure has triggered the need to build capabilities in the domain of cybersecurity so that the Cyberspace Defence Forces can effectively perform their tasks in countering cyber threats that adversely impact (or may impact) the state’s defence sphere.

The COVID-19 caused a global crisis of an unprecedented scale. In order to contain the spread of the virus, governments took instant measures, adopting new legal regulations which included restrictions and limitations in the sphere of constitutional rights and freedoms. The aim of the paper is to discuss protesters’ actions and their different forms, and to analyse the response of law enforcement officers who secured demonstrations. I undertook to find the answers to two fundamental research questions: What action did protesters take during the pandemic in Lithuania? What was the character and intensity of the surveillance, intimidation and presence of the police during demonstrations? The research covers the period from 11 March 2020, when the World Health Organization declared the pandemic, to the autumn of 2021, when anti-vaccine protests took place in Lithuania. In the study, I applied the institutional and legal analysis, as well as the qualitative source analysis.

The centralization, depoliticization and empowerment of judges in the French counter-terrorism system is an effective measure against terrorism, despite the fact, that it is controversial. The article will discuss the powers of the leading judicial bodies in the fight against terrorism, their advantages and disadvantages. The article emphasizes the thesis of the effectiveness of the anti-terrorism system in France, even though it is based on complex principles.

Gloss to the Decision of the Supreme Administrative Court of February 16, 2022, file ref. no. II OSK 128/19

In the commented order, the Supreme Administrative Court held that the state is obliged to grant Polish citizenship to a person whose parents are of the same sex, which results from the birth certificate submitted by them, and that the implementation of this obligation does not threaten the public order of the Republic of Poland. The use of the public order clause in such a case is not legally justified and constitutes a form of discrimination against the child on the basis of the content of international instruments.

Gloss to the judgment of the ECtHR of 15 May 2022, OOO Memo p. Russia application no. 2840/10

No legitimate aim of proceedings for protection of reputation initiated by public authorities – gloss to the judgment of the ECtHR of 15 May 2022, OOO Memo p. Russia application no. 2840/10 On March 15, 2022. The European Court of Human Rights issued its judgment in the case of OOO Memo p. Russia, Application No. 2840/10. This judgment represents a turnaround in the Court’s previous line of jurisprudence. The ECtHR ruled that proceedings for civil defamation brought by public authorities have, as a rule, no legitimate aim and are thus incompatible with Article 10 of the European Convention on Human Rights. The judgment establishes a higher level of protection against unjustified interference with freedom of expression than has been the case to date, and will have significant consequences for both proceedings before the ECHR and domestic proceedings. The judgement is also important because it draws attention to the problem of Stategic Lawsuits Against Public Participation.

“Under the Authority of the Republic” – Considerations about the Article 37 of the Polish Constitution

The aim of the publication is the clarification of the formulation “under the authority of the Republic” used in Article 37 of the Constitution of the Republic of Poland. This provision was inspired by analogical clauses inserted to international human rights treaties. The formula under consideration pertains to the complete sphere of Polish territorial jurisdiction as well as to the sphere of Poland’s effective extraterritorial jurisdiction. Submission to the authority is a gradable quality and concerns not so much persons but rather legal and factual situations with their involvement. The scope of rights which have to be guaranteed to a specific person is defined by the principle of adequacy between effective power and constitutional rights.

The Impact of the International Situation on the Shape of the Twentieth-Century Polish Constitutions

The subject of the article is the issue of the impact of the international situation on the shape of Polish twentieth-century fundamental laws and the determination of how the Polish constitutional legislator made it possible to implement the assumptions of Polish foreign policy. The first part of the article discusses the impact of the international situation on the provisions of the Constitutions of 1921 and 1935, with particular emphasis on the provisions relating to wartime. The second part of the article draws attention to the issues of political changes related to Poland’s membership in the Eastern Bloc countries. The third part of the article concerns the impact of the geopolitical situation on the shape of constitutional reforms during the period of Poland’s political transformation. The last part of the article analyzes the impact of Polish aspirations for European integration and NATO accession on the shape of the currently binding Constitution of 1997.

Systemic Consequences of the Principle of Permanence of Work of the Sejm and Senate of the Republic of Poland. Outline of the Problem

The article is devoted to the issue of the principle of permanence of parliamentary work. It contains a general description of the principle in question and at the same time shows its importance for the functioning of state authority in Poland. Thanks to the analysis, the reader learns how permanence affects the implementation of some of the powers of the Sejm and Senate related to the performance of legislative, control and creative functions. He also gains knowledge on the extent to which it affects the relations between the Sejm and the Senate with other bodies, especially with the President and the Council of Ministers. The field of considerations designated in this way conceals the main research goal, which is to present the basic systemic consequences resulting from the introduction of the discussed formula of the work of representative bodies.

About the Need to Amend the Polish Constitution

The Polish Constitution after 25 years does not need to be changed as a very modern and proven act of state practice. Urgent and thorough change is required by the political team that has led to the crisis of the system of law and the state. It is impossible to discuss the Constitution with people who do not know what it is and are only engaged in violating it. Today only inter-party brawling on substitute topics is possible. The article is a presentation of the author’s analyzes conducted in the context of changes in the understanding of constitutional law and concepts in its scope, with particular emphasis on those related to the amendment of the constitution. The author wonders who and in what situation should take up the task of preparing and presenting a draft amendment to the constitution and whether we are dealing with a “constitutional moment” now.

Constitutional Basis for the Providing Function of Commune/Municipal Self-Governmen

The subject of the study is a legal-historical analysis showing the development and objective scope of the function of local government. The scope of the conducted analysis was limited to the comparison of legal and institutional solutions in Poland with those existing in ancient Rome. The starting point of the study is the analysis of the provisions of the Constitution in terms of the supporting function of local government. For this purpose, it is necessary to discuss such issues as: the status of the constitutions of both countries, the system and the systemic position of the commune and municipal Currently, there is talk of limited autonomy of local governments, but in the case of municipalities, one should talk about independence. In the final conclusions, it was indicated that the scope of the providing function of the municipia was basically limited to the supply of water to the city, grain.

Civil Rights and Freedoms in the Light of the Idea of the „15-Minute City”

The aim of the article is to draw attention to the rights and freedoms of citizens in the light of the idea of introducing “15-minute cities”. This idea is indicated in the UN resolution of 2015, called the 2030 Agenda. 15-minute cities are referred to as smart cities or compact cities. Under the “Horizon Europe” program, 100 cities were selected as experimental cities in the pursuit of creating smart cities by 2030, including: Wrocław, Warsaw, Łódź, Rzeszów and Kraków. The assumption of the smart city is that every resident should have access to basic life needs within 15 minutes of home. By implementing the above, a new urban planning trend in cities was also created. On the basis of these considerations, an attempt was made to assess whether the changes related to the introduction of 15-minute cities will not limit the rights and freedoms of man and citizen

The Constitutionally Defined Providing Role of Local Self-Government in the Aspect of Running Municipal Economy

The subject of considerations undertaken in the study is the confirmation of the proving role of local government based on constitutional regulations. The Constitution of the Republic of Poland as the basis for the functioning of decentralized public administration should constitute and confirm the subordinate role of individual local government units. Following the Constitution, it should be recognized that each of these units is to perform tasks for local government communities using public funds assigned to them by the Constitution, while the Constitution does not deprive local government units of the right to perform tasks that go beyond the public utility sphere as part of municipal management.

The Service-Providing Function of Public Administration in the Light of the Constitutional Principles of the Political System

Modern public administration is primarily an administration that provides services to citizens. The key role is played by local government units, to which the Constitution of the Republic of Poland has assigned important public tasks in the sphere of satisfying the collective needs of their residents. The article will analyse constitutional provisions in terms of identifying those systemic principles that serve the implementation of this function of the administration.

Constitutional and Statutory Basis for the Cooperation of Commune Self-Governments with Non-Governmental Organizations in the Implementation of the Providing Function for the War Refugees from Ukraine

The subject of the study is the performance of a providing function by communal governments in Poland in the context of the influx of war refugees from Ukraine in 2022. The work analyzes the legal basis for the operation of Polish local governments in this area. The author adopted as a research hypothesis the statement according to which the implementation of social assistance for war refugees from Ukraine was possible thanks to the cooperation of local governments with non-governmental organizations and parishes. The aim of the study is to show the need and effectiveness of cooperation between local governments and non-governmental organizations in Poland and parishes. The final conclusion of the study is the statement that thanks to the cooperation of local governments with non-governmental organizations and parishes, communal governments could better fulfill their function of providing services to people in need.

Exercising the Right to Petition by Commune Residents Against the Background of Constitutional Regulations

The right to petition regulated in Article 63 of the Constitution is qualified as a political right. It may complement entirely different rights through which citizens may exert influence on public authorities. For this right to be exercised the mode of examining petitions had to me specified. The legislator did so by passing the Petitions Act. In turn, regulations introduced to the Commune Self-Government Act that established a Commission for Complaints, Requests and Petitions were to serve as a measure for residents of basic local government units to exercise this right. This study aims to assess the adopted legal regulations from the point of view of their influence on the efficiency of implementation of the right to petition by members of a commune self-governing community. It will point to organizational and procedural measures which when employed may be a source of real problems.

Reliable Justification of the Court Judgment in the Context of the Judgment of the European Court of Human Rights of March 9, 2023 in the Case of Cupial v. Poland

One of the elements of the right to a fair trial is the right of the individual to a reliable justification of the decision in the case, derived from the right to the appropriate shap- ing of the court procedure. The aim of the article is to show that this is a key element in cases where the court adjudicates the rights and freedoms of an individual, setting their limits. In the judgment of March 9, 2023, in the case of Cupial against Poland, the Euro- pean Court of Human Rights emphasized the special role of a reliable justification of the judgment. The author considers this requirement as one of the fundamental guarantees of respecting the rights and freedoms of the individual, which in the context of the dis- cussed case is the freedom of conscience and religion, and the right to ensure children a religious upbringing in accordance with parents convictions. The analysis of the indi- cated issue was made on the basis of the dogmatic-legal method.

The Freedom of Association as a Form of Meeting Human Social Needs

The individual’s use of freedom of association has a significant impact on various aspects of human existence. Its existence determines the opportunity to meet needs and makes it possible to strive to achieve assumed goals together with other people. The interpersonal nature of this type of interaction has consequences. The article aims to demonstrate that the freedom of association affects not only the way in which an individual’s political needs are met, but also the satisfaction of social values and human development. The opportunities that the right to freedom of association brings are derived not only from the organizational forms that individuals can use but also from their individual needs, which this value aims to fulfill.

On the Importance of the Constitutional Principle of Legal Protection of Family Life in the Process of Applying the Law

The purpose of the article is to show the importance of the constitutional rule of legal protection of family life in the process of application of the law, during which the determination of the correct meaning of the norm of the law by means of a constitutional norm, is primarily important for a proper, pro-constitutional interpretation and ensures that the decision to apply the law, will be correct. The starting point for the research assumption will be an attempt to determine what designations constitute the concept of legal protection of the family, what provisions of the Polish Constitution implement this principle, and what is the function and subjective scope of this guarantee. The analysis will focus on selected provisions of the Polish Constitution and rulings of common courts, administrative courts, the Supreme Administrative Court and the Supreme Court, in which the discussed principle influenced the decision to apply the law.

The Nature of Membership in the Professional Self-Governments in the Scope of Article 17 section 1 of the Constitution of the Republic of Poland

The nature of compulsory membership in professional self-governments associating persons covered by the obligation of public trust is a fact that is questioned from time to time. Opponents of obligatory membership, however, find it difficult to argue for the identification of membership. According to art. 17 sec. 1 of the Constitution of the Republic of Poland, the basic opinion of professional self-governments is to supervise the proper performance of the profession by their members, which they do on behalf of the state, in the public interest. Therefore, in order to be able to fully perform this supervision, professional self-overnments should be equipped with an authoritative function in relation to all persons covered by the profession on equal terms. The aim of the article is to justify the obligatory membership in the professional self-government using dogmatic and legal methods.

Term of Office of the President of National Bank of Poland in the Management Board of the Central Bank of Poland – Constitutional and Statutory Regulations

The article is devoted to the analysis of the composition of the NBP Management Board in terms of its diversity in terms of the number of terms of office in this body of the President of the Central Bank of Poland. The paper presents constitutional and statutory regulations stating that the President of NBP cannot be treated as a member of the Management Board of NBP. It points to the constitutional separation of these two bodies. It draws attention to the method of appointing the President of the NBP and the Management Board of the NBP and the prohibition of combining the functions of the President of the NBP with the mandate of a Member of Parliament. Statutory regulations boil down primarily to regulations proving a clear differentiation of the NBP Management Board into the Chairman, i. e. the President of the NBP and members. This means that the President of NBP not being a member of the Management Board of NBP has different terms of office with respect to the members of the Management Board. The article points to different requirements regarding membership of a political party, the very method of appointment or taking a solemn oath by the President of the NBP.

The Role of the Captain General in the Political System of Spain in the Past and Present

This article is an answer to the question where the rank of the Captain General in the title of the king of Spain came from. Reaching back to the pre-constitutional times, the role of the Captain General in the political system of Spain was defined. Originally he acted as the supreme military commander, with time gaining competences in the field of politics, judiciary and treasury. The essence of the post functions is evidenced by the creation of separate territorial administrative entities – captaincy general. The apogee of the Captain-General’s importance in Spain took place in the 18th century, when with the arrival of Philip V of Anjou at the Iberian Peninsula, the system of Bourbon absolutism began to be implemented in Spain under the Nueva Planta reforms. In the constitutional era, the post was once again reduced to strictly military matters, however traditionally appearing in the royal titulature.

Civil society in the Republic of Estonia

There is a noticeable development of civil society in Estonia, which has also contributed to its accession to the EU. After the Republic of Estonia gained independence in 1991, social organizations were weak, and the lack of trust in them was, among other things, a consequence of the Soviet period and disappointment with the results of transformation. In the following years, the associations consolidated their position as professional activists with organizational experience appeared. Currently, social activity is becoming more and more popular, new organizations are being created, the number of their members is also increasing and the scope of their activities is expanding. A big problem in Estonia was also the low level of public trust in state institutions and NGOs, but these attitudes are changing. The aim of this article is to analyze the circumstances of creation of the civil society and its activity in the Republic of Estonia.

Constitutional and Unconstitutional Conditions of the Power of the President of Brazil

The study aims to analyze the key formal and extralegal elements affecting the functioning of the office of president in Brazil. The subject of consideration is the political position of the president resulting from the Constitution of the Federative Republic of Brazil of October 5, 1988, and the socioultural dependencies occurring in this country. The thesis of the article is the statement that the power of the President of Brazil results not only from the provisions of the Constitution but also from unconstitutional dependence on pressure groups, i.e. the bureaucratic state – estamento burocrático. It is stated that the features of the Brazilian presidential system are the ostensibility of formal structures and the presence of political patronage, the lack of permanent political divisions, coalitional presidentialism, and the interpenetration of politics and the media due to ownership relations.

States of Emergency in the Constitution of Hungary of 2011 and the Practice of Their Application

After Viktor Orbán came to power, a new constitution of Hungary was adopted in 2011, which includes a separate section devoted to the states of emergency. In this time a constitutional state of danger was introduced in Hungary in the face of the covid-19 pandemic in 2020 and the war in Ukraine in 2022, and in the case of the migration crisis in 2015, a state of crisis was introduced regulated by law. The aim of the article is to present the types of states of emergency in Hungary and the practice of their application during the rule of the Fidesz party based on the analysis of legal acts regulating the issue of extraordinary measures. The main thesis assumes that the government of Orbán used the extraordinary situation in the country not only to fight the threat, but also to strengthen its already strong position in the Hungarian political system.

The System of Government in the Tunisian Constitution of July 25, 2022 Against the Background of the Autocratization Process during the Presidency of Kaïs Saïed

The paper deals with the system of government that was established in the Constitution of Tunisia of July 25, 2022. The author points out that both this legal act and the accompanying constitution-making process should be seen as the result of the rapid departure from democratic mechanisms and standards. The autocratization process was launched during the presidency of Kaïs Saïed, although negative tendencies in this field had already occurred earlier. This led to the 2022 Constitution guaranteeing presidential dominance over the government and parliament, as the position of the head of state was significantly strengthened compared to the previous basic law (it was adopted in 2014, in the aftermath of the Arab Spring). The author argues that due to the imbalance of power, the constitutional system of government in Tunisia corresponds more to the assumptions of undemocratic hyper-presidentialism than the typical presidential model.

The international and domestic efforts directed toward establishing effective regulations of multinational enterprises (MNEs) activity in the human rights and environmental realms are currently entering an intriguing phase. The trend toward setting forth legally binding obligations applicable across their complex, transnational structures is gaining momentum, and the upcoming EU Corporate Sustainability Due Diligence Directive (CSDDD) may significantly contribute to this process. The research aim of this study is to examine how the draft CSDDD is woven into the present regulatory landscape, and what impact it may potentially have. Due to multicentricity of the legal sources’ systems in the member states, the EU law underway will also affect their constitutional orders. To tackle the research task, it is crucial to delineate the broader context of the challenges surrounding the enforcement of social and environmental accountability throughout global value chains, which arise at the intersection of the existing governance mechanisms’ quality, and the legal as well as organisational MNEs’ logics. These interconnected issues are addressed in the first section of the paper. The second section covers CSDDD as reflecting and potentially accelerating regulatory trends.