Breach of Oath as a Reason for Dismissal of the Ombudsman by the Sejm

The purpose of this article is to determine whether, and if so to what extent, failure to comply with specific duties declared in the oath of office taken by an Ombudsman before taking office is relevant to the assessment of his responsibilities. The Sejm shall dismiss the ombudsman before the end of the period for which he was appointed if the Ombudsman has misappropriated his oath. Therefore, special attention has been paid in this study to the effects of the Ombudsman’s oath. The article examines the content of this oath and the conditions of exercising the right to dismiss the ombudsman by the Sejm. Such a decision must take into account, in particular, the independence of the ombudsman and the rule of tenure.

The Ombudsman and the Organs of Judicial Power

The author shows that, in order to protect rights and freedoms, the Ombudsman, with the help of various instruments and depending on the infringements found, undertakes actions with organs of the judiciary, on which obligations concerning the protection of human rights and other subjects have been imposed. This article reviews the forms of the Ombudsman’s relations with the Supreme Court, the Supreme Administrative Court, the Constitutional Tribunal, and common courts. Their aim is to raise the level of respect for human and civil rights. In this context the thesis of the article is as follows: in view of structural, legal and organisational defects of the state, the Ombudsman notes that new threats to human and civil rights appear, freedoms or rights granted to them are often taken away in a manner inconsistent with constitutional standards, and public authorities exceed the sphere of their powers in an expcessive manner. Allegations made in complaints against public authorities are often verified by the Ombudsman in the course of inquiries with his participation. The Ombudsman keeps his distance from these bodies, which enables him to influence them in the field of human rights protection, and above all to influence the individuals subordinate to them.

Ombudsman Institutions in Universities and the Principle of Their Autonomy

The constitutionally guaranteed principle of autonomy of universities, necessary for the implementation of the mission of the system of higher education and science means, among other things, that the authorities of higher education institutions must be left with the sphere of free decision on matters of internal organization. In view of the problems that occur in the life of academic communities, related, among others, to the implementation of the principle of equality and non-discrimination, the need to provide special protection for persons with disabilities, the authors reflect on the need to create ombudsman institutions in universities, indicating the principles on the basis of which such bodies could be created and operate in such a way that it could be reconciled with the principle of autonomy of universities.

Ombudsman and His Activity During the COVID-19 Pandemic (Selected Issues)

The article is devoted to the analysis of the activities of the Commissioner for Human Rights during the COVID-19 pandemic in Poland. The experience to date allows us to conclude the activities of the ombudsman institution and the problems of a social, political and legal nature generated in the state by various regulations aimed at eliminating the virus itself and the consequences of its occurrence. The aim of this article is to draw attention to selected problems related to the specificity of the activities of state institutions in the event of a threat to the health safety of Poles, as well as activities undertaken in the area of administration, health protection and economic activity. The author tries to show that the Ombudsman intensified efforts to protect civil rights during the pandemic and pointed to its critical problems.

The article analyses selected instruments that affect the specialization of the Senate within its right to legislative initiative. Its subject is the powers of this body in the preparation of draft laws related to submitting petitions and cooperation with the Commissioner for Human Rights and the Supreme Audit Office. These actions that specialize the competences of the Senate should be assessed positively, as they have an impact on strengthening the constitutional position of this state body. However, the evaluation results show that this body should be consistent in their implementation and development. In order to address the intended topic, the work uses a legal-dogmatic analysis and also refers to the practical aspect of the functioning of the Senate in the selected scope.

This paper examines the procedure of electing the Commissioner for Human Rights (Rzecznik Praw Obywatelskich) by the Sejm. The considerations are conducted in the context of its representativeness. How does the Sejm proceed when two or more candidates have been nominated? In such a situation, is voting carried out in alphabetical order, in accordance with the principle that the candidate who obtained a, n absolute majority of votes is elected, or is there a joint vote on the candidates, in accordance with the principle that in the absence of an absolute majority of votes by one of the candidates in the first voting, the name of the candidate who obtained the lowest number of votes in the previous round is removed from the list of candidates before the next round of voting? As argued in this paper, the order of voting is not neutral to the effects of voting. From the point of view of individual candidates, it may privilege some and discriminate against others. The text uses the dogmatic method and legal reasoning.