- Author:
Agnieszka Bień-Kacała
- E-mail:
abien@umk.pl
- Institution:
Nicolaus Copernicus University in Toruń
- Year of publication:
2017
- Source:
Show
- Pages:
199-218
- DOI Address:
https://doi.org/10.15804/ppk.2017.06.13
- PDF:
ppk/40/ppk4013.pdf
This article describes the theoretical concept of constitutional change. The cases of constitutional changes and amendments since 1989 have been analyzed in the text. The historical approach is used as a background for the current Polish events conceptualization.
The theories formulated by Y. Raznai, R. Albert, B. Ackermann, S. Griffin, D. Landau are applied for purpose of the analysis. The authors consider the problems of: constitutional change, constitutional amendment and dismemberment, constitutional moment, as well as a kind of constitutionalism, which is connected to an abuse of power by the parliamentary majority (illiberal constitutionalism).
This paper analyses following issues: the conceptualization of constitutional amendment procedure and constitutional change in formal and informal ways as well as the constitutional moment. Moreover, the Polish academia opinions on the amendment and change are presented. Eventually, the identification of the recent Polish systemic events from a theoretical perspective and the summary of the research are provided.
The assessment of current events takes into account the historical background – the transformation started in 1989 and ended with the adoption of the 1997 Constitution. The conclusion is connected to identification of the constitutional moments which legitimize or not the transformation of the system.
- Author:
Radosław Zych
- E-mail:
radzy84@o2.pl
- Institution:
University of Szczecin
- ORCID:
https://orcid.org/0000-0002-1221-9136
- Year of publication:
2022
- Source:
Show
- Pages:
321-336
- DOI Address:
https://doi.org/10.15804/ppk.2022.02.24
- PDF:
ppk/66/ppk6624.pdf
The subject of this paper is to discuss the new institutions of Polish electoral criminal law, which are the penal provisions from 2018 added to the Electoral Code. These institutions, in addition to the norms guaranteeing the fairness of the electoral process and, at the same time, contributing to ensuring the fairness of elections resulting from international documents, national law, jurisprudence and views of the doctrine. The author discusses the features of a new type of prohibited act resulting from the amendment to the Electoral Code.
- Author:
Magdalena Łągiewska
- Institution:
Department of Public International Law, Faculty of Law and Administration, University of Gdańsk
- ORCID:
https://orcid.org/0000-0001-9482-2651
- Year of publication:
2022
- Source:
Show
- Pages:
29-41
- DOI Address:
https://doi.org/10.15804/ap2022.1.02
- PDF:
ap/25/ap2502.pdf
Chinese authorities have taken decisive steps to tackle violations of intellectual property (IP) rights in the People’s Republic of China (PRC). The National People’s Congress (NPC) adopted a new amendment to China’s criminal law on December 26, 2020. These regulations entered into force on March 1, 2021. The article aims to draw attention to the recent developments and ways to fight against the IP infringement in China. The study focuses on the IP courts in China and then analyzes the recent amendment to Chinese criminal law. Therefore, it is based on the descriptive and dogmatic methods. The article seeks to answer the question of whether the regulations are effective and significantly prevent the spread of IP infringements in China. It brings us to the conclusion that China’s accession to the WTO was a turning point that influenced the development and the improvement of domestic IP regime. Hence, China became a country with complex, multifaceted, and contentious environment regarding IP rights. One of the most significant changes concern the establishment of IP courts across China. It is too early to determine whether these solutions are effective due to the ongoing COVID-19 pandemic in China.
- Author:
Joanna Derlatka
- E-mail:
joanna.derlatka@ujk.edu.pl
- Institution:
Uniwersytet Jana Kochanowskiego w Kielcach
- ORCID:
https://orcid.org/0000-0002-2633-4151
- Year of publication:
2023
- Source:
Show
- Pages:
219-230
- DOI Address:
https://doi.org/10.15804/ppk.2023.02.16
- PDF:
ppk/72/ppk7216.pdf
Constitutional Determinants of the Scope of Cognition of a Court Bailiff after the Entry into Force of the Act of 4 July 2019 Amending the Act – Code of Civil Procedure and Certain other Acts (Dz.U. 2019, item 1469, as amended)
The goal of the paper is to present the compliance with the Constitution of the Republic of Poland of the current scope of cognition of a court bailiff in civil proceedings. After the entry into force of the amendment to the Code of Civil Procedure of July 4, 2019, the bailiff is obliged to examine the limitation period for the creditor’s claim. This state of affairs raises important constitutional doubts. The assessment of the title issue would not be possible without taking a stance on the decision of the Constitutional Tribunal of 22.07.2022, P 23/19. The study uses a dogmatic-legal research method.