Relations between the principles of proper legislation  and the principles of legislative techniques in the process of law-making

Meaning of the principles of legislative techniques (PLT) and the principles of proper legislation (PPL) should be regarded as a key to the process of lawmaking. These rules are often a guarantee for the protection of human rights. The principles of good legislation are inferred by the Constitutional Court of Art. 2 of the Polish Constitution (the democratic rule of law). The principles of legislative techniques are included in the Annex to the Regulation of the Prime Minister Council of Ministers dated on 20 June 2002 on the principles of legislative technique. The paper presents a characteristics of both disciplines taking into account their specificity and historical background. It was also shown that by joint application of PPL and PLT and their inseparable correlation legislator may establish acts that will guarantee the protection of human rights and will protect the interests of the State. The Author also identified benefits which derive form joint application of both sets of legislative rules and principles.

Comments on the (un)constitutionality of sanctions for violating the professional independence of a pharmacist by an entity running a pharmacy

The aim of the study is an attempt to assess the constitutionality of the provision of Art. 103 sec. 2 point 10 of the Pharmaceutical Law Act, amended by the Pharmacist Profession Act of 10 December 2020. This provision extends the scope of the sanction of withdrawal of a pharmacy authorization to cases of violation of the professional independence of a pharmacist by the entity running it (entrepreneur), as provided for in Art. 35 sec. 2 of the Pharmacist Profession Act. Critical analysis was also applied to the parliamentary discussions on the need to clarify the nature of the violation in question with the criterion of „persistence” in the context of the admissibility of using vague terms in the law. According to the thesis of the study, the resignation from this criterion seriously questions the compliance of Art. 103 paragraph 2 point 10 Pharmaceutical Law Act in connection with Art. 35 sec. 2 Pharmacist Profession Act with the principle of specificity of law, the principle citizens’ trust in the state and the law it enacts, as well as the principle of legal certainty and legal security, and the principle of proportionality of interference in the sphere of freedom of economic activity and property right.