Constitutional Responsibility of the Presidents in the Post-Soviet Authoritarian States

The article tackles the issue of constitutional responsibility of the Presidents of post-Soviet authoritarian republics (Russia, Belarus, Azerbaijan, Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan). This institution exists in the legal orders of most of them, although the complicated procedure, that involves parliaments, supreme courts, and constitutional courts makes it hardly possible to successfully impeach the President. This confirms the thesis that the institution of a democratic state of law in the case of most post-Soviet countries is just a facade. The consecutive parts of the text discuss the existing models of constitutional responsibility of the Presidents of democratic countries, the views of Russian-language legal doctrine regarding this issue, and the regulations implemented by the post-Soviet authoritarian states. The procedure is multi- stage, and the reason for impeachment may be a state treason or a serious crime, but generally not a constitutional tort.

Anti-Defection Law as a Remedy for Legislative Party Switching? The Case of New Zealand

The article addresses whether the enactment of anti-defection legislation reduces legislative party switching in parliament. This question is pertinent because some researchers cease to analyze cases of legislative party switching when anti-defection legislation is present in a political system. However, the example of New Zealand demonstrates the fallacy of such an assumption. Despite anti-defection legislation being passed twice, it has not effectively deterred parliamentarians from changing party affiliations. Instead, they have strengthened the position of parliamentary group leaders in relation to parliamentarians and the necessity for the latter to rely on loopholes that shield them from the severe consequences of party switching. A dogmatic analysis of the current legislation and a systemic analysis of the selected case lead to this overarching conclusion.

Custom as a Creator of Legal Norm on the Example of Standing Orders of the Sejm

Parliamentary custom has been present in modern parliament since its inception. The functioning of the British or German parliament shows that customs can co-create or supplement parliamentary procedure. In the Polish parliament, customs also regulate a number of proceedings. The subject of this article is the custom found in the practice of the lower house of the Polish parliament – the Sejm. Examples of customs that have been transformed into norms of the Sejm’s rules of procedure despite their long practice are indicated and discussed. However, the analysis of these examples does not give a clear answer to the question of the reasons for turning custom into law. It shows the inconsistency and discretionary nature of the changes. It is also in vain to find purposefulness and consistency in the creation of norms on the basis of custom.

The Notion of a Community Organization in the Context of Election Code Provisions

The concept of “community organization” appears in the election code as one of the entities authorized to create election committees in local elections, although it has not been precisely defined. The aim of the article is to analyze this concept more closely and to determine the characteristics of a community organization based on the jurisprudence and doctrinal views in the field of constitutional law and other branches of law, particularly administrative law. As a result of the considerations carried out, significant features of the discussed organizations have been defined, including a regulated legal status, perdurance, conducting activities in the social interest, and a fundamental purpose other than conducting economic activities. It was also highlighted that some features previously indicated in the doctrine, such as the personal substrate or the association of individuals only, are of no significance.

Checks and Balances in the Budget Procedure in Poland

The article presents the checks and balances in the budget procedure in Poland. In the first place, the article explains the term checks and balances. Next the article discusses the constitutional regulation of the budget procedure and the public authorities that participate in this procedure. These considerations allow to distinguish “budget checks and balances” and describe them from the point of view of the relationship between the public authorities participating in the budget procedure. The article also presents the legal nature of the state budget and the legal norms contained therein, the differences between the state budget and the Budget Act and the issue of the draft budget versus the principle of discontinuation of works of the parliament.

The Principle of the Common Good as a Source of Civil Society in Poland

The article concerns the constitutional sources of civil society in Poland. Although the Polish Constitution does not refer directly to civil society, it expresses its key values and assumptions in numerous provisions. The constitutional principle of the common good should be regarded as the basis of civil society in the Republic of Poland. The article indicates the links between the principle of the common good and the constitutional model of civil society. The axiological convergence of both categories mentioned is based, inter alia, on the respect for civic rights and freedoms, but also on the emphasis on the duties that the individual-citizen performs for the state. It is for this reason that the principle of the common good in the Constitution of the Republic of Poland of 1997 combines elements of the individualist and communitarian conception of the civil society.

The Constitutional Right to Change Religion

The right to change religion comprises two sub-rights: the right to join a religious community and the right to withdraw from it. The former requires that the consent of the individual and the religious group be a necessary and sufficient condition for establishing membership. Such a right is generally uncontroversial and respected in practice, whereas the right to leave a religious association is sometimes difficult to exercise. This is due to the fact that this matter is left to be determined by the internal laws of religious associations, resulting in fragmented regulation, unequal treatment, and insufficient procedural guarantees. The situation could be significantly improved by regulating the procedure for leaving a religious association in state law. However, a distinction must be made between the spiritual and legal dimensions of membership. The article is based on doctrinal research involving the Strasbourg requirements, national case law, and existing legal scholarship.

The Albany Plan and Benjamin Franklin’s Concept of a British Imperial Constitution

The Albany Plan of Union was a plan to create a unified federal government for the British colonies in America at the Albany Congress on July 10, 1754 in Albany, New York. One of its originators was Benjamin Franklin – a delegate from Pennsylvania. The plan called for a general government to be administered by a President-General, to be appointed and supported by the Crown, and a Grand Council to consist of delegates nominated by the colonial assemblies. Proposed powers included treaty-making, and raising army and naval forces and, most significantly, included the right of taxation. The plan was part of the implementation of Franklin’s concept of changing the way British rule in America and creating a federal British Empire. The plan was rejected by colonial assemblies and the Crown but it was a forerunner for the Articles of Confederation and the United States Constitution.

Hercules is Disobedient! The Essence of Judicial Resistance through the Eyes of Ronald Dworkin

In global jurisprudence and legal theory, we are currently observing a renaissance of interest in the thought of Ronald Dworkin, an outstanding legal philosopher, lawyer and humanist with an incredible sense of justice. There is still debate over the practical application of integral legal philosophy. Dworkin’s philosophy marks the “third way” in the dispute between legal positivism and the natural law approach. Using Dworkin’s concept of law, an attempt can be made to answer the question to what extent can the conscience of a person holding the office of a judge influence the process of making/applying law? The desire to look for positive patterns of creating and reforming law pushes us to analyze recent changes through the prism of Dworkin’s philosophy. The previous years have revealed to us a universal value and feature of our legal system a judge who interprets the law becomes the central figure of legal culture.

Selected Directions of Research in the Field of Constitutional Law in the World – a Subjective Contribution to the Discussion

At present, there is a global discussion on desirable and necessary changes to the constitution, common and non-derogable democratic values, and the scope of the omnipotence of the authorities elected in free elections. Politicians, representatives of organizations representing civil society, experts and representatives of the world of science participate in this discussion. The Polish constitutional discourse after 2015 was dominated by the consequences of ruthless circumvention of the provisions of the constitution by politicians in power. Even in these circumstances, however, other issues that are currently being debated in international constitutional forums must not be lost sight of. It seems that at least some of them may prove useful in the discussion on restoring constitutional standards.

The Remembrance Policy in Poland: the System Between the Constitutional Obligation and the Instrumentalization of Law

The paper analyzes relations between the law and the system of politics of memory in Poland, integrating legal and political research. The main objective is a discussion of co-dependencies between the law – including the constitutional law – and the government’s involvement in the politics of memory. The paper summarizes the legal status, the remembrance system’s formal framework and political decisions executing the constitutional obligation of commemorating the past. Considering the complexity of the remembrance policy system in Poland, its foundation in the legal system, and the dynamics of policymaking, the Authors present that the seeming servitude of law to politics is an apparent complex interdependence based on the constitutional bases of memory politics.

Constitutional Basis for Conducting Business by Local Government Units

The subject of the study concerns the constitutional and statutory basis for the economic activity of local government units. According to the Constitution, they are not entitled to the attribute of economic freedom, and therefore they should focus their economic activity on satisfying, in accordance with the laws, the needs of a given community of residents, avoiding economic risk and going beyond their own tasks. The insufficient level of local government’s own revenues was criticized, especially after 2015, which is inconsistent with the constitutional assumptions and causes financial crises, drastically limits expenses in many local governments, making it difficult to adequately meet the needs of residents.

Limits of Participation of State-owned Companies in the Social Market Economy in the Context of Art. 20 of the Constitution

The article is an attempt to determine the constitutionally permissible limit of the participation of SOEs in the economy in light of Art. 20 of the Constitution. It begins with an introduction, summarizing current research in economic and legal sciences on the issue of the growing participation of SOEs in the economy and discussing the legal problems that this phenomenon raises. This is followed by a discussion of the relationship of the state to state and private property in light of the social market economy model. The considerations are supported by references to the doctrine of ordoliberalism and the jurisprudence of the Constitutional Court. Possible measures for determining the excessive participation of state-owned companies in the economy in light of Article 20 of the Constitution are then considered. The article is concluded with conclusions for public administration bodies and the doctrine of public law.

The Concept and Systematics of Digital Constitutionalism

Digital constitutionalism as a research trend refers to the adaptation of constitutional principles and institutions to new challenges and opportunities resulting from the digital revolution. Their purpose is to ensure the protection of fundamental rights, the balance of power and the protection of the current hierarchy of the system of values against their infringement caused by digital technology. Despite significant social implications, research on this phenomenon is limited and selective. The aim of the article is to systematize the theoretical framework around the concept of digital constitutionalism. The author reviews the definitions of the concept of digital constitutionalism found in the literature and organizes the subject of the research. A comparative analysis of the current directions of development of digital constitutionalism has also been presented and its individual trends have been identified. The effect of the considerations is to organize the dogmatic and legal discussion regarding the topic issue.

The Ban on Termination of Pregnancy for Embryopathological Reasons as a Reason for the Extremization of the Existing Axionormative Order

The main aim of the article is the attempt to decide whether the regulations on perinatal palliative care created by the parliamentary majority can justify the absolute ban on embryopathological abortion introduced by the Constitutional Tribunal? Of course, giving a clear answer to such questions is extremely difficult and will always be very subjective. This is why the author does not try to impose his own position on the admissibility/ inadmissibility of abortion for embryopathological reasons but tries to demonstrate that the adopted normative regulations regarding perinatal palliative care, to the extent that they constitute the only permissible option for parents, who receive the most terrible health diagnosis one’s unborn child should be seen in terms of legitimizing extremism.

Constitutionality of Legal Norms on Aesthetic Medicine Services

The lack of a legal definition of aesthetic medicine benefits leads to a number of interpretive doubts about who can perform the above-mentioned procedures and the status of those who benefit from them. Only doctors have the knowledge and competence to change the appearance of the human body, while due to the fact that the legislator eliminated aesthetic treatments from the definition of health benefits, we can find aesthetic offerings, for example, in beauty salons. The definition of a patient has also been immanently linked to the use of health benefits, so those who undergo treatments not aimed at preserving, saving, restoring or improving health are consumers who are not entitled to a number of rights under the Act on Patient Rights and Commissioner for the Rights of the Patients. Therefore, the current Polish regulations on aesthetic medicine services conflict with the norms of the Constitution RP.

In the 2014 referendum Scottish voters were asked whether Scotland should be an independent country. Several years and one Brexit referendum later Nicola Sturgeon, the then popular and charismatic leader of the Scottish National Party and First Minister of Scotland, was making a convincing case for another independence referendum. She even proposed October 2023 as its date. But the United Kingdom government and successive Conservative prime ministers have consistently said “no”. This article analyses that constitutional and political ‘tug-of-war’ in the context of devolution settlement, pro-independence aspirations of Scottish people, consequences of Brexit, and growing tensions between Edinburgh and London. The most fundamental constitutional question within that frame of reference is what Scotland’s viable path to independence should be and in other words, under what circumstances the independence vision could be implemented.

Public opinion was outraged by information that Pegasus technology, intended to combat terrorism and organized crime, was also used to combat the opposition, surveil political opponents, and influence the outcome of elections in some member states of the Council of Europe and the European Union. These organizations have undertaken studies of these situations and have formulated a number of recommendations to Member States, including Poland. The author analyzed these documents and suggests that even if they are only the so-called “soft law”, the dispositions contained therein should be consistently implemented in accordance with the values of democracy, the rule of law and the protection of human rights. Full implementation of these recommendations by Poland is necessary to improve its image among democratic European countries.

Wojciech Bogusław Jastrzębowski’s federative concept of a united Europe was developed during the November Uprising. The printed text of the 1831 pamphlet Constitution for Europe, the manuscript of which is kept by the Archive of Old Records in Warsaw, was conceived as a project for a pan-European constitution. The main aim of the future federation of nations was to prevent any further wars on our continent. In the 77 articles of the Constitution, Jastrzębowski specified, inter alia, the principles of the functioning of the common institutions of the monarchical federation and the national institutions. He also defined the mutual relations between nations and community authorities, criminal sanctions for breaching European and national laws, as well as the fundamental rights and duties of citizens of a united Europe. The author of the project stipulated the equality of all before the law and the abolition of all state privileges.

This article is devoted to the issue of death as a premise for vacating the office of President of the Republic of Poland. The Constitution of the Republic of Poland comprehensively regulates the institution of substitution of the President of the Republic of Poland, specifying the legal forms of its execution and indicating the Marshals (of the Sejm and the Senate) as entities authorized to carry out the duties of the head of state. In the event of the occurrence of the death of the President, doubts arise as to the possibility of implementing civilian regulations at the time of triggering the procedure of substitution of the President provided for in Art. 131 of the Constitution. The analysis carried out in the article is aimed at answering the question of whether the Marshal of the Sejm (on whom the duty to assume the duties of head of state is incumbent), functioning in the field of constitutional law, is bound by the regulations applicable in principle on civil law grounds.

Gloss on the Decision of the Constitutional Tribunal of July 4, 2023, file ref. no. SK 78/19

The gloss concerns the decision of the Constitutional Tribunal in case file ref. no. SK 78/19, in which the Tribunal discontinued the proceedings based on a constitutional complaint filed by a limited liability company. The Tribunal found that a constitutional complaint cannot be lodged by a legal person due to the location of Art. 79 of the Constitution of the Republic of Poland in Chapter II of the Constitution entitled “Freedoms, rights and obligations of man and citizen”. This view is obviously wrong, and the argumentation presented in the justification for this decision is selective. In the case law of the Tribunal, the ability of legal persons to lodge a constitutional complaint is well established, which also raises no doubts in the doctrine. The position expressed by the Tribunal in this decision exposes the rights of collective entities to a limitation.

Gloss on the Judgment of the Supreme Court of August 24, 2023, file ref. no. IV KK 37/22

The purpose of the gloss is to present the correct line of reasoning that the Supreme Court should have adopted to reach the conclusion approved by the glossator. Relevant jurisprudence of the European Court of Human Rights allows for the acceptance of the absence of a violation of the norm sanctioned as a result of the application of constitutional and convention interpretation, rather than just the lack of social harmfulness of the act, as basis for the denial of the element of criminality. Any legal restrictions on freedom of speech must arise from serious reasons and an urgent societal need.

Gloss to the Decision of the Supreme Court of September 7, 2023, file ref. no. I NSW 15/23

On 7 September 2023, the Polish Supreme Court issued a decision on the complaint filed under Art. 161a Polish Electoral Code to the information from the National Electoral Commission of 30 August 2023, regarding the scope of powers of persons of trust and social election observers. Based on the decision of the Supreme Court, there are two fundamental issues that require consideration. Firstly, is the position of the Supreme Court correct, according to which the information of the NEC of 30 August 2023, which does not have the form of a resolution of the NEC, may be treated as an act subject to appeal under Art. 161a E.C. Secondly, does the Supreme Court rightly conclude that pursuant to Art. 103b § 1 point 1 of the E.C. in connection with Art. 103c § 2 of the E.C. it can be concluded that persons of trust and social observers have the right to observe other activities of district electoral commissions apart from the procedure of adopting voting protocols, determining voting and election results and preparing protocols. In order to find answers to the above questions, a formal legal method was used and the achievements of case law and literature were analyzed.

Gloss on the Judgment of the Supreme Administrative Court of December 16, 2022, file ref. no. III OSK 5482/21

In the commented judgment, the Supreme Administrative Court (hereinafter: the Supreme Administrative Court) made a significant confirmation that a coalition agreement concluded by political parties constitutes public information within the meaning of the Constitution. The author emphasizes the legitimacy of the Supreme Administrative Court’s ruling but raises some contentious and questionable issues.

Report from the XXVIII International Scientific Conference Autumn School of Law entitled Humanization of the Rule of Law, Piešťany, Slovak Republic; November 10–18, 2023

The Political Consequences of Maladjustment of the Number of Mandates in Electoral Districts with Demographic Changes in the Polish Parliamentary Elections 2023

The subject of analysis in this article is the allocation of mandates among electoral districts in the elections to the Sejm of the Republic of Poland 2023 and its political consequences. According to the principle of electoral equality in material aspect, the number of voters per mandate in individual electoral districts should be the same or as close as possible. The National Electoral Commission has pointed out that the current division into electoral districts specified in the annexes to the Electoral Code violates this principle. Shifting mandates between electoral districts would alter the balance of political power in the parliament.

Current Limitations and Possible Ways to Increase the Level of Representativeness of Elections to the Sejm of the Republic of Poland

The problem of distortion of the representativeness of elections to the Sejm of the Republic of Poland is widely noticed. Now, the vote of the inhabitants of one constituency may weigh less that in another. The aim of this paper is to present de lege ferenda postulates to increase the level of representativeness of Sejm elections. The authors carry out a legal analysis and a classical systemic analysis, pointing out the deficiencies of the current electoral system and proposing solutions. There are research questions: (1) Does the current electoral system ensure that elections to the Sejm are truly representative? (2) Is it possible to ensure that elections to the Sejm are truly representative? The conclusions of the analysis show that the problem under study appears to be increasingly serious for the democracy and civil society, but there are legal solutions that can increase the level of representativeness of Sejm elections.

Withdrawal of the Draft Budget Act as an Example of a Budget Void

The publication of the proposal constitutes the withdrawal of the draft budget act as an example of a budget void. In the Constitution of the Republic of Poland and the Public Finance Act, regulating public finances, the subject activities of the “budget void”. Analysis of legal regulations in the Constitution of the Republic of Poland and the Public Finance Act that there is no preliminary procedure for the withdrawal of the draft budget act by the Council of Ministers. Withdrawal of the draft budget bill results in the annihilation of that bill and is then made available without the basic basis for the functioning of the state in the fiscal year from January 1 of the year, unless the budget bill is adopted on the basis of a new draft budget bill. Therefore, he proposes the introduction of legal regulations that prevent a budget change from occurring at the time of withdrawal of the draft budget act.

Parliamentary Reform Project in Wales. The (Not)Last Scene of Devolution

The article presents Senedd Cymru (Members and Elections) Bill 2023 regulations. Using institutional and legal analysis, interpretation and systemic methods the author demonstrated that implementation of the Bill will constitute an important element of shaping the regional parliamentary system process in which British parliamentary traditions will not be the only point of reference.

Presidential Re-election in the Political System of the Italian Republic. From Theory to Practice

The Constitution of the Italian Republic, in the section devoted to the head of state, does not refer anywhere to the issue of re-election or term limits. From the beginning of the Italian Republic, the debate on this issue was theoretical in nature, until 2013. Then, for the first time in history, a sitting president was elected for another term. The situation took place again in 2022. These events resulted in the transfer of the topic of re-election from a theoretical to a practical one, being perceived as a real tool in the hands of the electors. The aim of this work was to examine the issue of presidential re-election in the Italian political system. Legal and political analysis has shown that the presidential re-election, which for years was perceived in Italy as an undesirable solution, ultimately contributed twice to the stabilization of the Italian political system.

Exclusion of Article 148 (1) § 3 of the Code of Civil Procedure in the Light of the Constitutional Right to an Open Hearing

The purpose of this study is to analyze the constitutionality of the provisions excluding the application of Art. 148 (1) § 3 of the Civil Procedure Code – i.e. Art. 505 (1a) and 205 (5) § 1 (1), added by the Act of 9 March 2023 amending the Civil Procedure Code and certain other acts. These provisions deprive a party of the right to submit a motion that allows preventing a case from being heard at a closed session pursuant to Art. 148 (1) § 1. This occurred in cases in which a preparatory hearing was scheduled but the dispute was not resolved, and in cases heard in simplified procedure, where the value of the subject matter of the dispute does not exceed PLN 4,000. These changes make it even more difficult to defend the thesis on the constitutionality of hearing the case in accordance with Art. 148 (1) § 1.

The Short-term Forms of Deprivation of Liberty in Constitutional and Statutory Terms

The thesis is devoted to the subject of deprivation of liberty and contains an overview of forms of detention as the short-term coercive measures while indicating the limitations of their use resulting from functional, practical and legal conditions. The author, using the research method of analyzing legal acts and case law, systematically presents the existing types of deprivation of liberty against the background of the provisions of various legal acts and their location in the constitutional order. The work asks research questions about the possibility of limiting personal freedom, the multiplicity of such restrictions and their purposefulness. The author presents a conclusion that the possibilities of depriving a person of liberty under Polish law are very broad and granted to a significant number of entities.

Presumption of Innocence under National and International Law

The principle of the presumption of innocence is one of the fundamental assumptions according to which Polish criminal procedure has been constructed. In the domestic reality, this presumption is declared both by constitutional and code regulations, however, the manner in which the presumption is guaranteed there is not the same, which affects the different scope of its application. The text depicts the common and differentiating elements of these regulations. In addition, the material and subjective scope of the principle of the presumption of innocence in terms of the Convention and certain legal acts of the European Union has been analysed.

Creditors’ Privileges in the Distribution of Amounts Obtained in Judicial Enforcement – Constitutional and Procedural Remarks

The purpose of this study is an interdisciplinary analysis the new regulations, referred to in Art. 1025 § 1 point 21, § 32, § 7–8 of the Code of Civil Procedure, in the context of constitutional norms and values determined by specific institutions the principles of a democratic state of law. This regulation was introduced by the amendment of March 9, 2023 as a security for future alimony claims. The article discusses reservations regarding its compliance with the constitutional principle of protection of acquired rights and also presents the corrective proposals. The goal of the paper is to present the compliance of new regulations with the right to enforcement, derived from the constitutional right to a court. The study uses a dogmatic-legal research method.

From Natural Rights to the Dignity of the Human Person. Considerations on the Axiology of the Constitution of the Republic of Poland

The article is a reflection on the issues of natural law. The dominant view in the literature on the subject is that natural law is a kind of matrix that should be duplicated by the legislator in order to prevent legal injustice. According to the Latin paremia: Lex iniusta non est lex (Unjust law is not law), the legislator must take into account unspecified higher- level norms. The aim of the article is to look from a philosophical perspective at the axiological foundations of the Polish legal order in the context, primarily, of the sources of law. According to the author of the article, in modern times the rationalism of natural law is becoming apparent, and its religious foundations will not necessarily be acceptable in a culturally pluralized society. The legal analysis method was used, the historical-legal method (in terms of examining the evolution of legal ideas underlying individual constitutional regulations) and the hermeneutic method in relation to the examination of the Constitution as a product of culture, not so much in the linguistic, but in the social, cultural and historical layer. The analysis of applicable legal provisions also forced the use of the formal and dogmatic method.

Potential Victim of Human Rights Violations on the Background of the Protection System of the European Convention on Human Rights

The article’s purpose is to present the concept of a potential victim of violations of the rights and freedoms of the European Convention on Human Rights. A group of complainants is treated as a victim, even though the violation affects society. The qualification of complainants as victims of human rights violations can be treated as the creation of European human rights law. The role of the Court is to apply the so-called ‘push’ and ‘pull’ factors, which cannot only effectively contribute to the implementation of the principles of the ECtHR. The article addresses the problem of the assumptions of the living instrument doctrine and the interpretation of the law currently associated with the active activity of judges (judge-made law). The concept of the potential victim of human rights violations represents an opportunity for the postulated expansion of the catalog of fundamental rights.

The article presents the results of a comparative study focusing on the right to conscientious objection in constitutions of modern states. This right is primarily associated with military service. In approximately a dozen constitutions, it stands as an independent, general right to conscientious objection. The constitutional scope of the given right is typically broad, with lawmakers seldom specifying the sources or conditions for its exercise. The contentious nature of the analysed right causes its explicit challenge in several constitutions. Case law, especially that of constitutional courts, reveals that the normative presence and the specifics of the right to conscientious objection within a particular legal system may not necessarily originate directly from constitutional provisions. Court decisions rendered in various countries sometimes attribute a constitutional character to this right, even when the fundamental law does not explicitly articulate it. Conversely, there are occasional restrictive interpretations of unequivocal constitutional provisions regarding conscientious objection.

In recent years, the European Union (“EU”) has faced unprecedented challenges in the rule of law. Besides apparent dangers, it has also offered the Union, its institutions and member states important space for new openings, self-rediscovery, and revisiting certain integration paradigms. This analysis argues that the “rule of law/value crisis” in the EU has created the same space for the Court of Justice to take on the paradigmatic jurisprudential shift from the market to the union of law and values. It posits that the European discourse must revisit the theory of supranational adjudication and offer a new reading of the Court’s mandate and function within the evolving supranational governance and design. In this process, reference to Art. 19 TEU and its connection to Art. 2 TEU have a special explicatory and axiological significance.

In this paper an attempt is made to determine the material, subjective and temporal scope of application of an electoral exception provided for under Art. 31 (3) of the Copyright Law. To this end, normative acts, judicial decisions, and doctrinal views were examined. Also, the author analyses the concept of “election event” and the relevance copyright law has to it. In conclusions, a postulate de lege ferenda is formulated.

równowagaThe aim of this paper is the structuralist study of constitutional law teaching: the organization of constitutional law based on the three foundations of neoconstitutionalism. The systemic vision of the legal system involves not only perceiving the Law as a whole but visualizing all this from a fundamental law that serves as an interpretive basis. It’s conceived that constitutional law, in a broad sense, encompasses constitutional theory and constitutional law. It’s subdivided into separation of powers, balance between powers, and guarantee of rights. All other themes, in this regard, would derive from these three bases. It involves the organization of powers, control of constitutionality, and fundamental rights. Thus, for example, the study of the organization of each of the powers, the control of constitutionality and fundamental rights, correspondingly. This format allows a holistic view of constitutional law and the constitutions.

The aim of this article is to explore the issue of remote work during the COVID-19 pandemic in the Visegrad countries. The paper consists of a theoretical part, an empirical part and a discussion of the results of the research conducted by the author. The first section of the article defines remote work. Later, the impact of the COVID-19 pandemic on the labour market is described. In the next section, legal changes related to remote work in Poland, Slovakia, the Czech Republic and Hungary are presented. The legal regulations in the V4 countries are examined using a legal-dogmatic method, while the changes in the legislation – with a historical method. Subsequently, the article focuses on empirical research methodology and analyses the research results. The comparative analysis is based on data collected in the four Visegrad countries (Poland, Slovakia, Czech Republic and Hungary).

The article aims to investigate the system of the social market economy in Poland and Italy. It compares constitutional provisions, distinguishing national commonalities and discrepancies. They are the basis for the identification of the precepts common to all social market economies in Europe. The analysis concludes that combining economic rights with social interests is essential to establishing the social market economy.

The aim of the article is to present selected issues related to the implementation of women’s right to special state assistance in a period as important as the period of maternity, as well as the scope and limits of this protection. The protection of mothers provided for in Art. 71 sec. 2 of the Constitution requires an increase in the standard of protection and assistance. According to the author, the Constitution creates sufficient grounds for public authorities to provide assistance to mothers in such an important period as motherhood. The Constitution left the scope of this assistance to the statutes.

Gloss to the Judgment of the Constitutional Court of January 11, 2024, file ref. no. K 23/23

The commentary concerns the judgment of the Constitutional Tribunal of January 11, 2024, in which the Tribunal performed a self-consistent review and declared as unconstitutional a provision of the Law on the State Tribunal due to a particular interpretation of a legislative omission. The text indicates the objections to such a ruling and outlines the consequences of such a departure from the principle of accusatorial procedure.

Gloss to the Decision of the Supreme Administrative Court of May 17, 2023, file ref. no. II OSK 1461/20

The subject of the commented judgment of the Supreme Administrative Court (II OSK 1461/20) is the issue of determining the admissibility of transposing the British act of same sex marriage under Polish law. A judgment permitting such a substantive and technical act would lead to the preparation of a marriage certificate containing personal data of persons of the same sex. Currently, administrative court share the position on the refusal under Polish law to transcribe the act of marriage concluded abroad by of the same sex. However, the NSA presents a position that may evolve. For this reason, arguments have been presented to consistently distinguish marriage between a man and women a same-sex relationship.

Report. 1st Kalisz Legal Seminar on “Current problems in the application of the Constitution of the Republic of Poland”, Kalisz, January 26, 2024.

Report. National Scientific Conference and XXVII Seminar of Constitutional Law Researchers entitled “Electoral law and political parties. Within the competences of the National Electoral Commission, Sulejów, April 17–22, 2023.

Memories of Professor Andrzej Sylwestrzak (1942–2023)

Deputy Prime Minister as a Member of the Council of Ministers

The Vice-Presidents are optional members of the Council of Ministers. Their appointment to the government depends on the Prime Minister and also on coalition arrangements. Under the 1997 Constitution, there was no uniform model for the appointment of deputy presidents of the Council of MinistersThe vice-presidents do not have any independent powers. Pursuant to Article 6 of the Act on the Council of Ministers, the Deputy Prime Minister may direct the work of the Cabinet in the event of the absence or temporary inability of the Prime Minister to perform his/her duties. The vice-president performs the tasks and competences within the scope entrusted to and on behalf of the Prime Minister. In the context of membership of the Council of Ministers, their position is equivalent to that of the other members of the government, and to an analogous extent they have duties and may exercise rights.

The Innovation of the Citizens’ Legislative Initiative in Finland

Finland was relatively late in introducing the institution of the citizens’ legislative initiative into its legal order, only in 2012. However, it can be said that the solutions adopted, both constitutional and statutory, differ to some extent from typical regulations. There are both formulated and unformulated initiatives, and the choice of the form of initiative depends on the initiators. Moreover, the digitisation of the initiative submission process is noteworthy. Particularly noteworthy is the creation of a generator of such initiatives. It has translated into a significant interest of citizens in this form of initiating the legislative process. However, this does not change the fact that the success rate of such initiatives is not particularly high. This concerns both the successful collection of signatures of support and the eventual subsequent acceptance of the citizens’ proposal by the Finnish parliament.

The Category of “Legitimation” in the Jurisprudence of the Constitutional Tribunal – Constructive Semantic Conditions

This paper aims to analyze the Constitutional Tribunal’s (CT) jurisprudence regarding the term “legitimation” to reconstruct its definition and compare it with its lexical meaning. Despite its varied use across multiple contexts, the jurisprudence lacks a uniform definition of legitimation. This situation necessitates reliance on diverse semantic intuitions. A doctrinal-legal method combined with logical-linguistic analysis was employed, analyzing 100 CT rulings that used the term “legitimation”. The CT’s jurisprudence shows that the application of the term is not limited to legal legitimacy but also includes broader contexts such as social perception, alignment with the values of the legal system, or the sovereign’s will. It is used in contexts that align with previous lexical findings, suggesting that legitimation can be viewed both as a state and a process. The analysis confirms the need for a terminological distinction, which could help organize discourse around this concept.

Problem of the Limits of the Constituional Tribunal Jurisdiction over EU Treaties. Debate Regarding Case file ref. no. K 3/21

The article begins with an examination of the doctrinal debate surrounding the judgment of the Constitutional Tribunal, which declared certain provisions of the Treaty on European Union to be unconstitutional. The Tribunal took over a year to provide written justification, covering crucial topics in constituional law and the EU law such as primacy, subsidiarity, and constitutional identity. One of the notable changes was the Tribunal’s new approach to jurisdiction over the Treaties. The article, which has a doctrinal and interpretive nature, discusses and critiques the Tribunal’s arguments. The author believes that the question is not whether the Tribunal has the power to review the treaties, but what the constitutional limits of this power are. The article offers suggestions on how to limit the Tribunal’s jurisdiction.

Functions of the President of the Republic of Poland in Connection with Poland’s Membership in the European Union

The article aims to analyze the functions of the President of the Republic of Poland in connection with Poland’s membership in the EU. The discussed issues are important due to the dynamic nature of this process and the federalist tendencies in the EU. They cause that the issues of compliance of the deepening of the European integration process with the constitution and issues related to the increasingly significant scope of the integration process in the context of the sovereignty of nation states become particularly important. Therefore, the role of the President of the Republic of Poland in this process, as the guardian of the constitution and state sovereignty, requires analysis. The Republic of Poland’s membership in the European Union makes it necessary to take a new look not only at the system of government but also at the tasks of the executive branch.

Prerogatives of the President of the Republic of Poland and His Scope Discretionary Power to Appoint Judges

The thesis analyses the extent of the Polish President’s discretionary power to appoint judges. The starting point for the discussion is an examination of the origins of the term prerogative and its appearance in Polish literature, followed by an analysis of the constitutional position of the President of the Republic of Poland in the powers’ system. The paper posits two theses. The understanding of prerogatives in Polish legal science fundamentally differs from that of the British term Royal Prerogatives. The constitutional model of the President’s position in Art. 126 of the Constitution assumes an active presidency. Although the President is not entitled to conduct the affairs of the State, as the head of State, using his powers, he performs the functions of the Constitution’s guardian and the arbiter as a guarantor of the continuity of State authority.

Implications of the United States Supreme Court’s decision in Rucho v. Common Cause

Democratic systems entail the need to respect the fundamental principle of equality, especially in the context of electoral laws. However, in the United States of America, a country perceived as the archetype of liberal democracy, this principle does not seem to be fully respected. Gerrymandering, which involves manipulation of the electoral district lines for political gain, has a negative impact on the quality of American democracy. The U.S. Supreme Court ruled in Rucho v. Common Cause that claims challenging electoral maps as favoring one political party are nonjusticiable as they pose political question, thus being beyond the jurisdiction of the federal courts. This article seeks to demonstrate the threats that the decision reached in Rucho v. Common Cause poses to US electoral processes. The analysis is carried out through a characterization of the gerrymandering and the reasoning applied by the Supreme Court Justices.

Constitutional Protection of Consumers, Users, and Tenants versus Personal Data Protection and Selected Issues of Informational Rights

The purpose of the article is to highlight the key role of informational rights within the constitutional system of consumer protection. These rights appear to be somewhat universal, at least in relation to another constitutionally guaranteed area: the protection of personal data. The main challenge associated with effective implementation of informational rights seems to be the lack of understanding of the content conveyed through messages or information. In the context of data protection regulations (both at the EU and national levels), a rule of plain language has been established as a remedy for such difficulties. Interestingly, at the constitutional level, in the context of applying Art. 76, similar requirements regarding the formal aspect of implementing informational rights have emerged in the jurisprudence of the Constitutional Tribunal. The authors advocate for a broad unification of the principle of transparent communication, at least in the context of implementing informational rights.

Doubts Surrounding the Budget Act in the Constitution of the Republic of Poland on the Example of Selected Issues

This article is another voice in the discussion on the limits of the interpretation of legal provisions, based on the example of doubts that have recently arisen around the budget act in the Constitution of the Republic of Poland. This is an important issue because it concerns the basis of the state’s financial management in the budget year. The study raises the issue of the uncertainty of the legal situation of public authorities in the context of creative interpretation of law, which allows for crossing the boundaries of linguistic interpretation. In this respect, the authors will focus on two selected issues – the problem of discontinuing the draft budget act and the consequences of the President of the Republic of Poland referring the budget act to the Constitutional Tribunal. The main thesis of the work is related to the assessment of the rationality of all actions of state authorities.

The Syntactic-Chronological Structure of Article 5 of the Constitution of the Republic of Poland and the Independence of the State in Relation to other Values of This Provision

The subject of consideration is the logical analysis of Art. 5 of the Constitution of the Republic of Poland, which, with its scope of norms, covers the fundamental obligations of the State. The political-legal approach to this issue includes a reflection on whether the syntactic-chronological structure of Art. 5 states that the independence of the state is more important than the security of individuals/citizens, because by maintaining independence the state can ensure the security of the individual. The article uses the sentence analysis methods of formal logic, formal-dogmatic, systemic and institutional-legal analysis. The analysis shows that, from a logical point of view, the overriding values are independence and the associated inviolability of territory, from which the possibility of the state’s existence is derived. All other values are subordinate to the independence of the state, because without it they do not exist.

Signs of Crimes in the Light of the Constitution of the Republic of Poland

The article discusses the role of constitutional principles in the process of constructing and assessing the characteristics of crimes in a democratic state ruled by law. In particular, the text discusses the essence of the features of a prohibited act and indicates the scope of criminal liability under Art. 42 section 1 of the Constitution of the Republic of Poland and describes the impact of the principle of nullum crimen sine lege and the principle of proportionality on the issue of the characteristics of crimes. The conclusions drawn from this analysis may become an indication for the legislator on how to construct the elements of prohibited acts so that these regulations are consistent with the Constitution of the Republic of Poland. These features constitute the basis for the accusation and also set the limits of the activities of law enforcement agencies. Their role in protecting legal order is therefore invaluable.

Evolution of the Legal Nature of Professional Standards for Property Appraisers Against the Background of the Assumptions of the System of Sources of Law in the Constitution of the Republic of Poland of 1997

Of all the controversial elements of the system of sources of law in the Republic of Poland, professional standards of property appraisers have received the least attention in the professional literature. Meanwhile, these standards constitute a vivid example of the indicated problem, and the comments raised during their discussion, relating in particular to the views of legal science and jurisprudence on the properties of the system of sources of law of the Republic of Poland, can be successfully extrapolate to the remaining controversial elements of this system. Hence, the presentation of the evolution of the legal nature of professional standards of property appraisers against the background of the assumptions of the system of sources of law in the Constitution of the Republic of Poland of 1997 seems by all means justified and purposeful.

The Premise of Impoverishment in Tax Overpayment vs. Pro-constitutional Interpretation – Reflections Against the Background of the Resolution of the Supreme Administrative Court, file ref. no. I GPS 1/11

This article undertakes an analysis of the correctness of the pro-constitutional interpretation presented in the resolution of the Supreme Administrative Court of June 22, 2011, file ref. no. I GPS 1/11. In the resolution in question, the Supreme Administrative Court, citing constitutional norms, came to the conviction that the right to a tax overpayment is limited by the premise of the taxpayer’s impoverishment. The considerations made therein were met with much criticism from representatives of the literature. And for many years there was also a dispute over the scope of being bound by it, which indirectly may also indicate the negative attitude of the judicature as to the interpretation contained therein. Within the scope of the article, I will express my position as to the correctness of this type of interpretation provided by the Supreme Administrative Court.

Digital Exclusion and the Implementation of the Right to a Court on the Example of Electronic Writ Proceedings

In this study, the author, using the doctrinal legal method and, additionally, the historical method, conducts an analysis of the regulations and principles contained in the Constitution of the Republic of Poland and in the ratified international agreements, as well as in the civil procedural law. The paper highlights how digital exclusion can limit the realization of the right to a court, illustrating this with examples from civil cases resolved in electronic writ proceedings. Furthermore, the author, employing the analytical method, presents and explains the concepts of “digital competence” and “digital exclusion”, and describes the nature of this problem in Polish society. The considerations also include a discussion of the benefits derived from the use of electronic writ proceedings by entities seeking legal protection, benefits which cannot be accessed by digitally excluded individuals.

The Scope of Regulatory Autonomy of Public Universities Regarding the Election of Members of the Electoral College

The article analyses the scope of regulatory autonomy of public universities in the subject of organization and conduct of elections of members of the electoral college. The dogmatic- legal analysis covers primarily the statutory framework contained in the provisions of the Act on Higher Education and Science and election regulations of selected public universities. The following issues were considered: the forms of regulation of the election of the members of the college of electors, the active and passive electoral right in the election of electors, the distribution of electoral mandates and the composition of the college of electors, the principles of voting. It was found that universities use varied methods for the distribution of electoral seats, with a variable number of seats in proportion to the number of eligible voters being optimal. Restrictions on passive electoral rights that are implemented under regulatory autonomy in some universities were identified.

Personal Independence of the Bodies of the Polish Financial Supervision Authority and the Solutions Applied in the Constitutional Bodies of the National Bank of Poland

The article is devoted to the independence of the bodies of the Financial Supervision Authority (FSA) in relation to the solutions applied in the constitutional bodies of the National Bank of Poland (NBP). The report draws attention to the method of appointing and dismissing the President of the National Financial Supervisory Authority, Deputies and members of the Commission with regard to personal independence, pointing to the solutions applied in NBP bodies. The rules on the duration and repetition of the term of office are an important complement to the considerations of staff independence. The study draws attention to the importance of the substantive requirements for the bodies of the FSA. High standards have been set for them. The article points to a significantly different level of independence of the bodies of the FSA with regard to the solutions applied in the constitutional bodies of the NBP.

The subject of research presented in the article is the system of government in Poland. The considerations concern the relationship between the normative solutions defined in the Constitution of the Republic of Poland of 1997 and the influence of the EU on the modification of political solutions in Poland. It was hypothesized that after Poland’s accession to the EU, the system of government in Poland changed in terms of political practice. It has been shown that functioning in the EU resulted in a departure from the characteristic rationalization of the system of government and brought it closer to the parliamentary model. The research was based on the following methods: institutional-law, systemic and comparative.

The question of adequacy of data protection model in the United States is one of the most important in transatlantic business and politic relations. The fact that European Commission’s decisions recognizing the adequacy have been annulled twice put relations between EU and US in very difficult phase. In this article I aim to analyse whether basis guarantees for privacy protection in the United States in the shape of the Fourth Amendment to the US Constitution are adequate in the meaning of data protection model in EU. By looking at the practice of interpreting of the Fourth Amendment and art. 8 of European Convention of Human Rights, in line with police directive and GDPR I try to answer the questions if the Fourth Amendment protection gives enough guarantees to ensure respect towards privacy and data protection rights of individuals.

The analysis of the procedure for the verification of the Bundestag elections, based on the experience of the September 2021 elections, raises legitimate concerns about its efficiency and reveals at the same time the need for its thorough reform. The current two-stage process, involving first parliamentary proceedings and then judicial review, can lead to lengthy delays. As the experience of the twentieth-term Bundestag elections has shown, the election verification proceedings took twenty-seven months, i.e. more than half the term of the current Bundestag. Introducing a one-step election verification procedure, leaving it in the remit of the Federal Constitutional Court, would speed up the decision-making process, increase the independence of the adjudication and improve citizens’ confidence in democratic institutions and the regularity of elections.