The paper aims to introduce the concept of constitutional liability of the President, and the institutions of the President’s constitutional liability. The author presents the liability and its relations with other types of head of state’s liabilities. The presented analysis includes all European countries. 

This paper aims to present a case study analysis of the condition of the electoral system in the Republic of Belarus after more than a quarter of a century of independence. The main purpose of the paper is to explain the discrepancies between legislation and practice. The author intended to note a real situation that dominates the country’s political scene in comparison to theoretical establishments. A Constitution of the Republic (created in 1994, with minor changes in 1996 and 2004) is the legal ground of the electoral system, however, procedural details were drawn up in the Electoral Code. The principles of Belarusian electoral code consist of some statements known from democratic models, such as universal suffrage, direct suffrage, secret ballot and equality. There are different types of elections in Belarus but the most important ones are presidential and parliamentary elections. Despite the detailed legal rules for conducting these elections, in fact, the principles of democracy, as well as the internal rules in Belarus, are not respected. Both presidential and parliamentary elections have shown this in recent years. Independent observers for a long time have been alarming about worrying electoral practices in Belarus. It is also worth emphasizing that since 1994, one man has been in power uninterruptedly, and Parliament has in fact a symbolic function. In the source materials, the author used Belarusian legal acts, analyses and reports, press notes as well as scientific papers.

Instruments for implementing the control function of Sejm –  an attempt to evaluate their effectiveness

The control function is one of the oldest and most fundamental spheres of representative body’s activity. The aim of the control carried out by the representative body is to investigate certain areas of government activity, detect and indicate irregularities, as well as to undertake measures to prevent irregularities in the future. The implementation of the Sejm’s control function, which is based on art. 95, paragraph 2 of the Constitution, occurs when applying wide range of instruments among which we can discern instruments of individual control of Deputies (parliamentary interpellation, parliamentary questions, questions on current affairs and current information), the activities of Sejm committees, including the parliamentary commission of inquiry and instruments of control carried out by the entire chamber. The effectiveness of these instruments may be considered on many grounds – from the possibility of being used by groups staying in opposition to the ruling majority to assessment of the objectives connected to each of the control instruments, and this requires Sejm control criteria to be defined.

The Concept of Constitutional Reform of the  Republic of Poland According to the Polish Solidarity Party

In May 2013 the party of the Polish Solidarity with Zbigniew Ziobro (further called „SP”) announced the project of changes in the current Constitution of the Republic of Poland from 2 April 1997 (further called „Constitution RP”). This project was presented in the form of consolidated text of the constitution which obtained the name of „New Constitution of the Republic of Poland” (further called „Project SP”). The Project SP proposes amendments or repeals of 83 articles of the Constitution RP (it makes a bit more than a third of its all articles) as well as addition of nine articles, not always completely new as for their solutions. The Project SP proposes introducing changes in the Constitution of RP covering in particular: system of legal sources, list of general rules of the system of state, forms of direct exercising power by the nation, especially introducing the presidential system of government, which mean far-reaching reforms of constitutional system of authorities. The article focuses the attention on their analysis and assesses them from the viewpoint of their democratisation, rules of legal state and contributing to rising effectiveness of activities of authorities while comparing them with regulations introduced by the Constitution of 1997. The estimate of proposals of constitutional system of RP covered by Project SP is not to be unidirectional – only approving or only critical. Some of these proposals deserve a positive mark, others arouse estimative dilemmas due to their loose ends or controversial character; finally there are those which cannot result in other than negative marks.

The subject of the article is to identify factors and conditions that determined the system of government of the IInd Republic of Poland under the Small Constitution of 1919. This act served as a temporary constitution until the March Constitution of 1921 came into force, which happened completely only at the end of 1922. Under the Small Constitution there has been made an attempt to introduce the system of supremacy of the parliament. It turned out to be impossible because of high authority of the head of state – Józef Piłsudski, who also served as the Commander-in-Chief. Therefore, the system of balance between the Legislative Sejm and the Chief of State was shaped in the political practice.

The subject of the present article is the analysis of the functioning of the institution of citizens’ initiative in Poland, as well as a reference to the effectiveness of the institution in question on the example of draft acts that were voted upon by the 7th term of the Polish Sejm.

Ensuring the energy security is currently one of the EU’s top priorities. The EU energy policy, after the entry into force of the Treaty of Lisbon, is regulated by Article 194 TFEU, which guarantees a solid legal basis for European Union actions in this area on the basis of the Community method. The European Parliament, within the scope of its Community competences, as a participant in the decision-making process, contributes to shaping the face of the EU energy policy. Furthermore, by adopting nonlegislative resolutions, the EP expresses its position on the most crucial issues included in this policy and has an indirect influence on its shape. The aim of this article is the analysis of the content of these resolutions and presentation of the EP’s opinion on the challenges facing the EU in the field of energy. It should be highlighted that the European Parliament is the EU body with a strong emphasis on a supranational approach to energy security. The European Parliament prefers the view that all Member States, in a spirit of solidarity, must take actions to guarantee the EU’s common energy security. In favour of a common, integrated European energy market, the EP puts great emphasis on the necessity to implement ambitious climate policy objectives within its framework, the key element of which is the reduction of greenhouse gas emissions.

This article analyses the position of the European Parliament on the priorities for the development of the EU Common Security and Defence Policy. The issues covered by this policy after the entry into force of the Lisbon Treaty remained the domain of intergovernmental cooperation mechanisms. Despite the changes made to the Lisbon Treaty to unify the Union’s external relations by removing its pillars and expanding CSDP tasks, the role of the EP in its creation has not increased in line with its expectations. In accordance with the provisions of the TEU, decisions on the operation of the CSDP shall be adopted by the Council, acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or from a Member State. As a result of such Treaty arrangements, the EP is unable to play such a role in the area of CSDP that would correspond to the importance of this body in the EU’s institutional system. Therefore, the main instrument for the implementation of the EP policy in the area of CSDP remain resolutions in which this body calls for the inclusion of transnational cooperation mechanisms in it. By expressing its position in resolutions, the EP advocates for the development of a strong, unified CSDP based on defined European security interests, as well as the development of a pan-European approach to the issues covered by this policy.

Aktywność parlamentarna posłów jest często przedmiotem debaty publicznej, głównie z powodu transmitowania obrad, odbywających się w murach polskiego parlamentu. Do wyborców trafiają fragmenty wystąpień posłów, które przykuwają uwagę odbiorców ze względu na poruszane tematy, sposób wypowiadania się oraz emocje, jakie wywołują wśród parlamentarzystów. Uwaga mediów skupia się głównie na najbardziej znanych politykach. Trudno z tego powodu w telewizji i radiu dostrzec działalność posłów z tzw. tylnych ław, którzy wielokrotnie wykazują się większą aktywnością parlamentarną niż bardziej znani politycy.

Niniejsza praca jest prezentacją drugich izb parlamentu w krajach byłej Jugosławii, jakimi są Słowenia oraz Bośnia i Hercegowina. Jako jedyne w regionie zdecydowały się one na przyjęcie bikameralnego porządku w ramach władzy ustawodawczej. Pomimo bliskości geograficznej i wspólnej historii ustrojodawcy obu państw postanowili przyjąć znacząco inny, oryginalny kształt porównywanych do siebie ciał ustawodawczych, wyróżniających się na skalę światową. Co więcej, każda z nich została obdarzona różnymi kompetencjami, z czego wynika pozycja wobec pierwszej izby parlamentu, a także pozostałych organów władzy państwowej. Artykuł ten stanowi więc przekrój i pogłębioną charakterystykę polityczno- prawną Izby Narodów Bośni i Hercegowiny oraz Rady Państwa Słowenii, a także zawiera propozycje zmian systemowych.

Roman Franciszek Rybarski (1887-1942) należał do wybitnych teoretyków i działaczy Narodowej Demokracji. Pozostawił szereg prac z zakresu ekonomii, prawa i polityki. Wśród tych ostatnich szczególne miejsce zajmują Naród, jednostka i klasa oraz Siła i prawo. Był prezesem Klubu Narodowego w Sejmie w latach 1928-1935 oraz przywódcą frakcji liberalnej zwanej grupą „starych” lub „profesorską” w Stronnictwie Narodowym. W artykule przedstawiono jego poglądy dotyczące problematyki ustrojowej. W pierwszym okresie istnienia niepodległej Rzeczypospolitej do 1922 r. Rybarski zdecydowanie opowiada się za ustrojem demokracji parlamentarnej i ideą państwa narodowego. Wybory 1922 r. i porażka w Zgromadzeniu Narodowym przy wyborze prezydenta Gabriela Narutowicza oraz tragiczne skutki jego śmierci powodują, że Rybarski, jak i inni działacze endeccy, dostrzegają że do niedawna tak bliski im parlamentaryzm staje się zgubny dla Polski. Rozpoczyna się jego krytyka, Rybarski podkreślał, że konstytucja doprowadza do krańcowości i absurdu zasadę rządów parlamentarnych. Niezadowolenie przeniosło się na wszystkie klasy i warstwy. Domagano się zmian, które stawały się koniecznością chwili.

The purpose of this paper is to present a government crisis in Moldova that took place in 2019 from the point of view of its constitutional basis. Based on a legal dogmatic-analysis, supported with the comparative and historical methods, the paper verifies whether the blame for the situation could be placed solely on the Moldovan political fractions or on the unfortunate distribution of the voters’ preferences, or rather on the legislator who passed ill-advised laws without foreseeing the possibility of a conflict, including the emerging dual power system in Moldova at the time in question.

Throughout the XVIIIth century, Anglo-Russian relations were very contentious. The Ochakov crisis of 1791 risked escalating into direct military action between Russia and England. Ambassador Count S.R. Vorontsov managed to garner the support of members of the House of Lords and the House of Commons of the English Parliament, come in contact with the Prime Minister, members of his cabinet and opposition leaders. The above mentioned allowed him to handle the possibilities of the press, publishing houses and the opposition during the Ochakov crisis of 1791 as well as influenced a public opinion in Britain. In large part, because of the active actions of S.R. Vorontsov and his office staff, it was possible to avoid an armed conflict between Russia and England. One of the closest employees of Semyon Romanovich was the son of a Ukrainian priest Yakov Ivanovich Smirnov, who was considered by many contemporaries as one of the outstanding employees of the office of the Russian Embassy. Ya. I. Smirnov was knighted of the Order of St. John under Paul I, and then the Emperor’s stunning decision took place – the priest was appointed charge d’affaires of Russia in London. V.F. Malinovskiy, the future first director of the Tsarskoye Selo Lyceum, served in Vorontsov’s office. After leaving London, he worked as a secretary at the negotiations in Iași in 1792. As well as V.F. Malinovskiy, V.P. Kochubey hailed from Ukraine. The nephew of Count A.A. Bezborodko was in London from the early spring of 1789 until January of 1791. In 1793, Vorontsov gave V.P. Kochubey, who was diligently engaged in his education, a brilliant character reference. Over the course of his service, Count S.R. Vorontsov regularly defended the interests of the employees of his office; he knew how to gather individuals for his inner circle and work. In the XIXth century, there was a concept of “official of the Vorontsov school”. S.R. Vorontsov and members of his office used the methods of modern public diplomacy, which implies means used by governments, private groups and particular persons to change the views of other people and governments in order to influence their external political decisions. Public diplomacy is a tool for creating the image of the state. Appealing to public opinion, publication of government documents, use of the mass media and issuance of brochure for manifesting one’s position are methods which play a crucial role in modern public diplomacy, which originated due to Ukrainian diplomats as well.

In its activities, the Senate uses a number of control powers defined by statutes and regulations, although this is not directly based on the provisions of the Polish Constitution. Such a practice is justified, if one considers the nature of the Senate as a representative body and the nature of the senatorial mandate, which does not differ from the nature of the deputy mandate. The role of the Senate, also in the scope of the indicated powers of a controlling nature, may increase when a different political majority in the Senate than in the Sejm is formed. As a result of the post-election agreement in 2019, the political majority in the Senate is different from the political majority in the Sejm. This new phenomenon in the Polish political system creates the possibility of a wider use of the Senate’s “soft” control tools. The presented paper attempts to synthetically present the reasons for considering the Senate’s control powers and their impact on ensuring systemic stability.

The dynamic development of the COVID-19 epidemic hampered the functioning of administrative bodies, especially those consisting of many people. In 2020, many countries had to solve the problem of how to adapt their laws to the requirements of the pandemic, while maintaining the safety requirements of members of parliaments. The introduced solutions included suspending the proceedings, modifying the quorum, or changing the voting method. Few countries (including Poland) have fully used the available technologies, deciding to allow parliaments to hold and vote remotely. The conducted analysis is aimed at identifying the systemic solutions that made it possible to introduce such solutions, as well as at determining what modifications of the legal system were necessary to establish innovative solutions.

The following text discusses the first attempt to transform the authoritarian Jordan monarchy into a constitutional monarchy, in which the parliament chosen by the people was supposed, apart from the king, to serve the role of a real supervisor of the state. Such an attempt was made in 1951-1957. It ended up in a failure and, in fact, the return of the authoritarian methods of exercising the power. This failure resulted both from the specific circumstances of the contemporary Middle East, as well as certain permanent features of Arabic societies. Thus, it is important to trace back these events to show both the attempt at reforms, as well as the causes of the failure. The following text makes use first and foremost of English language resources concerning the history of Jordan. Also, the archive documents collected in the National Archives were used, especially the ones that refer to the correspondence between the authorities in London and the British embassy in Amman. To understand the issue, it will be necessary to go back beyond the year 1951 and to present in brief the very process of how the Hashemite monarchy came into existence.

Commonwealth Senators in the Context of National Democracy in the years 1928–1930

The following article provides an outline of a lesser known historical phenomenon related to the actions of Polish parliamentary politicians of the National Democracy (ND) formation in the years 1928-1930. In stark contrast to the elections of 1922, the elections of 1928 resulted in the defeat of the Nationalist camp, which ended up having only nine ND politicians. First, the article sketches a sociological map of ND senators. Secondly, it delves into the activities of senators in particular Senate boards, therefore explaining the real impact these people had on the workings of the higher chamber. Finally, an analysis of various statements is conducted with the aim of summarising the political views of these senators as well as the main issues they focused on, including state administration, justice, local governance, education and foreign policy.

Debut Members of Parliament in the Sejm of 7th, 8th and 9th term. The contribution for the analysis of the phenomenon of the party circulation of elite

Parliamentary representation of political parties is nowadays becoming an important field of activity of every grouping. Members of Parliament, following the standards of party charters, become an element of party elite, holding the official positions in collegiate organs. Personal changes in the parliament then mean changes in the party elite. The goal of the article is defining the scale of the phenomenon of debut Members of Parliament in the years of 2011, 2015 and 2019. The research question which the author was faced with is the question about the scale of the phenomenon of debut Members of Parliament and its consequences for the demographic structure of the Polish Sejm and the particular party representations in the parliament, defined as party elites. Detailed questions concern: the importance of parliamentary representatives in contemporary political groupings; defining whether the scale of the phenomenon in 2015 was significantly different from the election results from 2011 and 2019. The established hypotheses assume that: the important of parliamentary representation in contemporary parties is on a constant growth on the formal level and also within the political praxis, and consequently, Members of Parliament can be called party elites. Another hypothesis assumes that the phenomenon of debut MPs has stood out quantitatively in the analyzed period of time, nevertheless, it has not changed the demographic structure of the parliament dramatically, concerning the other two analyzed terms. The period of the analysis concerns the three parliamentary elections in 2011, 2015 and 2019, which allowed to pick up on the possible tendency of the phenomenon.

Committees of inquiry in interwar Poland (1919–1939)

Committees of inquiry are an important element of parliamentary oversight of the executive. In Poland, this institution also has a long tradition, although it was shaped twice over the course of a century from the beginning, under completely different system conditions. Our article aims to present the regulations and activities of such committees in the period – before and after the adoption of the 1921 Constitution. A closer look at the regulations and practice from the twenty-year period will allow for a better understanding of the regulation and functioning of the committees of inquiry provided for in Art. 111 of the Constitution of 1997, created – as its preamble declares – “in reference to the best traditions of the First and Second Polish Republic”.

Search for Analogies of the Reform of the Legislative Chambers 1921–1935, 1997–?

An article devoted to the parliament during the existence of the March Constitution of 1921, and comparing its similarities with the Constitution of 2nd April 1997 in terms of the political system and its functioning. Based on the provisions of both constitutions and the practice, the author has undertaken to comment on the existing analogies and the possible need to amend the currently binding constitution.