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. 

The paper stresses the need to reform the European Central Bank with the aim to strengthen the democratic legitimation of this institution within the particular EU governance system. Indeed, the study argues for more accountability of the ECB before the citizens without giving up independence. The analysis (also conducted from a comparative-law point of view) shows that the objective can be assured fostering a stronger involvement of the Parliament firstly in the procedure for the appointment of the Members of the ECB’s Executive Committee, within a wider reform of the whole EU institutional setup and of the Eurozone’s organization in particular.

The aim of this article is to present the system of state authorities in the Republic of Uzbekistan, shaped under the provisions of the existing fundamental law amended in 2014. We will also address the question whether the implemented reform of an institutional character means the adoption of a democratic form of government.

Hungarian constitutional system has a number of characteristics, including division of power. This is a result atypical evolution of the political system in Hungary after 1989. Most of the countries of Central and Eastern made a thorough reconstruction of the political system in the nineties of the twentieth century, many constitutions were adopted in 1991–1994. Otherwise had done Hungarians, making a 1989 amendment to the Constitution of 1949. and the adoption of a new constitution putting off indefinitely. Completely new Fundamental Law was adopted only in 2011., in force since 1 January 2012. It introduced in the Hungarian constitutional system significant changes, modifying the way the principle the division of powers. The changes seem to be rational, and therefore to be expected that the Hungarian model finds followers.

The two European referendums of 1975 and 2016 are examined in their historical, political and constitutional context. The paper provides a short account of United Kingdom’s accession and participation in the European Union. The uneasy relationship with the EU is shown, with reference to political process of negotiating Britain’s position in the Union. Some political, economic and cultural factors that have shaped British attitudes towards European integration are analysed. A legislative framework for both referendums is described and the dynamics of pre-referendum debates and campaigns are discussed. The political implications of ‘Leave’ vote (in favour of Brexit) are indicated. Finally, certain constitutional and legal issues surrounding UK withdrawal from the EU are considered, also in the context of the doctrine of parliamentary sovereignty.

The subject of the analysis refers to amnesty acts in Poland in the 20 th century. A thesis is posed in the paper that in principle they take place at the moments which are politically important for the Republic of Poland, the aim of which is to establish them in the social consciousness. Typically, they are the acts of the parliament. The Polish doctrine of law clearly presents a separate character of amnesty acts in reference to the court verdicts. They are an expression of the will of the parliament, independent of the court’s judgment, according to which amnesty should be carried out.

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.

The Work of the Commission on Local Self-Government and Regional Policy in Polish Parliament (2015–2019)

Parliament and self-government have become a foundation of the modern democratic state. In order to achieve to proper significance of the self-government in the works of the Parliament it is crucial to establish institutional guarantees in its organisation. Commission on Local Self-government and Regional Policy is one of the most fundamental instutional guarantees of representing the intrests of local self-government in Polish Parliament which is confirmed by its practice. That is why it is necessary to study its activity. An analysis of the Commission’s tasks performed in accordance with its statute provides the basis for assessing the activities of the Commission during the eighth term of office of the Parliament (2015–2019).

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.