- 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:
Uniwersytet Szczeciński
- Year of publication:
2016
- Source:
Show
- Pages:
11-25
- DOI Address:
https://doi.org/10.15804/ppk.2016.04.01
- PDF:
ppk/32/ppk3201.pdf
The amendments to the Polish electoral law from 2015
In 2015 Polish electoral code was amended by force of the three laws. In this article I will examine a catalog of the most important changes in the Polish electoral law signaled from the three laws amending it. The amendment to the Electoral Code made in 2015. Adopted the changes of various specific gravity. Some of them are technical (eg. voting cards, transparent ballot boxes), the evidence (the possibility of recording the work of electoral commissions), complementary (reference to the relevant provisions on the validity of elections to councils in respect of the election of the executive bodies of municipalities and cities, the tasks of National Electoral Commission), to the systemic (defining term of office of the members of the NEC). Although the need for certain amendments was postulated by some doctrine, it is frequent amendments of the electoral law should be regarded as a manifestation of its instrumentalization.
- Author:
Anna Rakowska-Trela
- E-mail:
rakoska@wp.pl
- Institution:
Uniwersytet Łódzki
- Year of publication:
2018
- Source:
Show
- Pages:
19-35
- DOI Address:
https://doi.org/10.15804/ppk.2018.04.02
- PDF:
ppk/44/ppk4402.pdf
Changes in Electoral Code according to local elections
In January 2018, the Sejm and Senate have passed hugely controversial law, which is supposed, according to its title, to „increase the participation of citizens in the process of electing, functioning and controlling certain public bodies”, amending inter alia Polish Electoral Code. This amendment destabilizes the electoral system without a clear or evident need short before the most hard and difficult electoral process – the local elections. The most controversial proposals concerned the changes in electoral administration and limiting the mayor (city president) to two terms in office. This law, may lead to politicization of the electoral administration, so there are risks of a loss the transparency of the election. The Author tries to present and evaluate most important changes resulting from new legislation.
- Author:
Krystian Żelazny
- Institution:
Uniwersytet Śląski w Katowicach
- Year of publication:
2014
- Source:
Show
- Pages:
117-130
- DOI Address:
https://doi.org/10.15804/ppk.2014.04.06
- PDF:
ppk/20/ppk2006.pdf
The political position of President of the Czech Republic in view of recent amendments to the Constitution of 8 February 2012
The subject of the article below is the appearance of Czech Republic President’s political position under the newest amendments to the Constitution from February 8, 2012. At the beginning, reasons for the Constitution to be corrected were pointed out, which among all, had a political background. Later, the article focused on the presentation of detailed analysis of each change. With the historical support, a comparison was made between the current basic law and its previous version, as well as the comparison between the traditions of Czech and Czechoslovakian constitutionalism. The most important change was the introduction, common for the presidential or semi-presidential system method of choosing the head of the state in common elections, which occurred by limiting president’s prerogatives and normalization of the range of president’s responsibilities, stepping out of the rules of law and the constitutional irresponsibility of the head of the state.
- Author:
Radosław Zych
- E-mail:
radoslaw.zych@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-1221-9136
- Year of publication:
2020
- Source:
Show
- Pages:
171-186
- DOI Address:
https://doi.org/10.15804/ppk.2020.02.09
- PDF:
ppk/54/ppk5409.pdf
The Amendment of 2018 (Art. 52 §2a of the Polish Electoral Code) Against the Background of Considerations on the Implementation of the Guarantees the Right to Vote for People with Disabilities. Practical Aspects
The subject of the considerations made in the article was a practical analysis of the amendment to the Polish electoral law relating to the issue of ensuring the participation of disabled people in the election procedure. Statistical data (National Population and Housing Census of 2002, 2011) have been analyzed, also – normative acts in the field of electoral law, insurance law and doctrine views. The considerations were supplemented with the presentation of examples from the practice of exercising the electoral tights of the disabled. The amendment to the Electoral Code made by the Act on 11 January 2018 by adding § 2 a to art. 52 – in my opinion – should be assessed positively. I think that Polish electoral law adopts the legal definition of disability. The article ends with the postulate de lege ferenda.
- Author:
Radosław Zych
- E-mail:
radoslaw.zych@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-1221-9136
- Year of publication:
2021
- Source:
Show
- Pages:
93-104
- DOI Address:
https://doi.org/10.15804/ppk.2021.01.05
- PDF:
ppk/59/ppk5905.pdf
Amendment of 2018 (article 52 §2a of the Polish Electoral Code) as a guarantee of the implementation of active voting rights by disabled people. Analysis of the outline of the legislative process and theoretical and legal aspects
The subject of the considerations made in the article is the theoretical and legal analysis of the amendment to the Polish electoral law relating to the issue of ensuring participation of disabled people in the electoral procedure. The outline of the legislative process initiated by submitting a deputy’s bill to amend certain acts in order to increase the participation of citizens in the process of electing, functioning and controlling certain public authorities (in particular by adding § 2a to article 52 of the electoral code), normative acts in the field of electoral law, insurance law, legal doctrine views are analyzed. In the article, the author answers the question whether the amendment to art. 52 of the electoral code, consisting of adding § 2a to it, is technical or warranty? The author conducts a polemic, during which he shows that Polish electoral law adopts the legal definition of disability. In addition, it is determined what causes of disability may justify the benefit of using art. 52 § 2a of the electoral code.
- 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:
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.