The constitutional position of the Minister in chosen European states

The issue of the government in the political systems of the world is the subject of constitutionalists research for several decades. The essential factor which influences the evaluation of the political situation of the executive authority is the standpoint of the minister relations both inside the government and with other authorities. An additional differentiating feature is the separation of regime models developed in political evolution in science (but also in practice). These systems having common roots in the parliamentary system are characterized by several common elements (eg the principle of separation of powers). Each of them has developed a distinct approach to the constitutional position of the minister, which comprises the above – mentioned relationships. This text also goes to the best practices developed by (recognized in the doctrine as a model based on the unity of power) Swiss constitutional practice. In order to reach a horizon view of the minister situation it is necessary to analyze the elements specifically affecting this situation. The relationships within the executive authority should be regarded as fundamental. Here belong a way of shaping the composition of government, accountability to the Prime Minister (Chancellor), the determination of the scope of the minister competence and the minister responsibility (political and constitutional) in the context of relations with the legislature. Relationship between executive authority and legislature are the primary factors shaping the regime of the country (of course on the functional level). The importance of the political system of the country is obvious to anyone who is familiar with such concept as democracy, freedom or res publica.

The article analyzes the election programmes of the two largest political parties in Poland, namely, Law and Justice and the Civic Platform (Civic Coalition) from the 2019 parliamentary elections, referring to the proposals of these parties to change the functioning of the state, in particular the scope of legislative, executive and judicial power. The conclusion summarizes the presented programme proposals, considering whether their implementation would be possible under the current political conditions.

Dual Tenure of Executive in Municipalities – Restriction of Civil Rights or Reduction of Pathological Phenomena?

The phenomenon of multiterm mayors has become widespread in Poland, especially after introducing the direct election of the executive in municipalities in 2002. The direct election has given the mayors the dominant position in local politics. The way to limit it has seemed to be the limitation of number of terms in office of the municipal executive bodies to two. In the presented paper the arguments of opponents and supporters of this solution were analyzed. The analysis was made from the perspective of two levels: institutional- legal and socio-political. The aim of the analysis is to show the positives and negatives of the implemented change and the projected effects. The legal basis, its compliance with the constitution and the implications for the active and passive suffrage were analyzed. Also the results for local political systems and for local communities were examined, and it was confronted with the issue of political culture.