Constitution of the Republic of Poland

Protection of the environment under the provisions of the Constitution of the Republic of Poland

Author: Katarzyna Dunaj
Institution: National University of Defence in Warsaw
Year of publication: 2015
Source: Show
Pages: 189-200
DOI Address: https://doi.org/10.15804/ppk.2015.06.11
PDF: ppk/28/ppk2811.pdf

The article is devoted to the constitutional protection of the environment in Poland. The analysis includes environmental protection as one of the tasks of the Republic of Poland, duty of public authorities, a condition limiting the rights and freedoms of man and citizen, as well as rights and obligations of the individual in the area of environmental protection, including right to be informed of the quality of the environment and its protection. According to the author the scope of constitutional protection of the environment is sufficient. However the Constitution of the Republic of Poland does not guarantee right of the individual to use unpolluted environment.

Axiology of the Constitution of the Republic of Poland of 2 April 1997

Author: Grzegorz Kryszeń
Institution: Białystok University
Year of publication: 2015
Source: Show
Pages: 228-246
DOI Address: https://doi.org/10.15804/ppk.2015.06.14
PDF: ppk/28/ppk2814.pdf

This work is an attempt to determine the axiological basis for the constitutional system of the Republic of Poland. Summing up the findings concerning the fundamental values of the state political system underlying the solutions of the Constitution of the Republic of Poland of 2 April 1997, we can conclude that it should have the following attributes: to be the common good of all the citizens, a democratic state implementing the idea of the sovereignty of the Nation and civic society, a state that is ruled by law, independent and sovereign, secular, diligent and efficient, implementing the concept of separation of powers. The constitutional values referring to the status of “human and citizen” are: the dignity and freedom of the person, equality and solidarity of all persons, an individual’s personal, social and legal security and the protection of their freedoms and rights. In accordance with the Constitution of the Republic of Poland, the axiological foundation of the socio-economic system is social market economy based on three pillars: 1) freedom of economic activity, 2) private ownership, 3) solidarity, dialogue and cooperation of social partners. The list of these values should be complemented with the social values which determined the adoption of the concept of social market economy, social justice and social security of citizens.

Citizenship, the Vector of Present? Considerations de lege lata Based on the Polish Domestic Law

Author: Małgorzata Babula
Institution: WSPiA University in Rzeszów
Year of publication: 2018
Source: Show
Pages: 709-721
DOI Address: https://doi.org/10.15804/ppsy2018409
PDF: ppsy/47-4/ppsy2018409.pdf

The modern world is opening up to a series of innovations, differences and broadly understood diversity. The pace of changes becomes a peculiar substructure of creating patchwork nations. The variety of races, colors, religions and cultures. All of the above contain a point which, like an electron, resembles an omnipresent “variant”. This constant value is a human being. We are accompanied by a sense of belonging to a specific place, culture and values. On this basis, we expect something (e.g. having rights and freedoms). Citizenship seems to be a binder that puts us in a clearly narrowed community with certain values and often allows us to distinguish our own “self”. Created by history, absorbing presence, citizenship is an important element of our affiliation to the country, to culture and to the values hidden behind them. In the world of diversity, it seems to be a desirable and important element. The purpose of this article is to discuss the contemporary role assigned to citizenship, as well as to show the citizenship as a factor shaping the position of the individual and justifying the distinction made in specific areas of human functioning in the state.

Spór o istnienie naturalnego porządku prawnego

Author: Jerzy Jaskiernia
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
Year of publication: 2018
Source: Show
Pages: 103-122
DOI Address: https://doi.org/10.15804/tpom2018108
PDF: tpom/27/tpom2708.pdf

Dispute about Existence of Natural Legal Oder

The author analyses genesis and development of natural law and its contemporary meaning He rise a question why Constitution of the Republic of Poland of 2 April 1997 do not expose a highest position of natural law in country’s legal order. Constitution in several places, including preamble, is based on natural law axiology. The National Assembly, which passed a Constitution had a problem with definition of “natural legal order”. As long as such a clause has not precise legal meaning, it would be difficult to situate such a norm in the Constitution which is directly applied (art. 8.2 of Constitution). A hesitancy to introduce highest position of natural law was additionally connected with the centerleft characteristic of the National Assembly elected in 1993. Once attitudes of Polish people has changed toward center-right orientation, that may influence a new look on the question of situating a natural law in the Constitution when pressure to its change will occur.

The Role of the Constitutional Regulations in the Area of Security and Defense of the Republic of Poland

Author: Krzysztof Prokop
Institution: Siedlce University of Natural Sciences and Humanities
ORCID: https://orcid.org/0000-0002-3447-4592
Year of publication: 2019
Source: Show
Pages: 227-234
DOI Address: https://doi.org/10.15804/ppk.2019.05.16
PDF: ppk/51/ppk5116.pdf

The article focuses on the constitutional aspects of defense and security of the Republic of Poland. It analyzes the provisions of the Constitution concerning defense and security, including the tasks and the competences of the state bodies in the area of defense and security, the principles of commanding over the Armed Forces in time of peace and wartime, their tasks in the field of defense and security. According to the author of article the constitutional regulation on security of the Republic of Poland leaves room for numerous doubts. They can be largely attributed to the lack of a distinct division of the state bodies’ competencies in the area of security and defense. The Constitution does not stipulate the rules on commanding over the country in wartime. Whereas solutions included in the statutes arouse doubts in terms of their accordance with the Constitution.

Sustainable Development as a Constitutional Value

Author: Elżbieta Ura
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0001-6896-6790
Year of publication: 2019
Source: Show
Pages: 229-339
DOI Address: https://doi.org/10.15804/ppk.2019.06.24
PDF: ppk/52/ppk5224.pdf

The aim of the study is to draw attention to the principle of sustainable development, which is contained in the Article 5 of the Constitution of the Republic of Poland. As a constitutional value, it certainly refers to such goods as ensuring environmental protection and protection of human and civil rights. It is a systemic principle and its main purpose is to oblige public authorities to undertake specific socio-economic and political activities taking into account present and future generations. This principle is analyzed in many sciences, most often in economic and administrative-legal terms. There is no single, legal definition of this principle, which would allow for the uniformity of interpretation of the legal provisions referring to its application and observance.

Constitutional Freedom of Scientific Research. Contribution to the Discussion

Author: Artur Biłgorajski
Institution: University of Silesia in Katowice
ORCID: https://orcid.org/0000-0002-1389-4520
Year of publication: 2020
Source: Show
Pages: 15-34
DOI Address: https://doi.org/10.15804/ppk.2020.03.01
PDF: ppk/55/ppk5501.pdf

The reform of higher education in the Republic of Poland, which was introduced by the Act of 20 July 2018 Law on higher education and science (Dz.U. 2018, item 1668, as amended; hereinafter: Law on higher education and science), revitalized interests in the freedom of scientific research, optimal ways of its implementation and the role of the state in the support of scientific and research activities. For this reason providing an answer to questions concerning the genesis of regulation of the freedom of scientific research in the Constitution of the Republic of Poland of 2nd April, 1997 (Dz.U. 1997, No. 78, item 483, as amended; hereinafter: the Constitution of the Republic of Poland), specifically in relation to its recognition and position in the Polish constitution, the normative content of the freedom, the beneficiaries and entities obliged to comply with it, appears appropriate. These issues seem to be of particular importance. First of all, the freedom of scientific research shall be one of the crucial elements of a knowledge-based economy, with a significant role of higher educational institutions. Secondly, the proper functioning of universities indicates a broader establishment of human rights. What is more, the hitherto undertaken attempts to define the freedom of scientific research seem not to be incisive enough. The aim of this article, therefore, is to draw attention to the issues and difficulties associated with the freedom of scientific research. The answers given to the aforementioned questions, however, having regard to the limited scope of the publication, cannot be deemed definitive.

Law in “Times of Crisis” and Social Justice - General Remarks in the Era of COVID-19

Author: Krzysztof Wygoda
Institution: University of Wrocław
ORCID: https://orcid.org/0000-0002-0997-5512
Author: Dariusz Wasiak
Institution: WSB University in Wrocław
ORCID: https://orcid.org/0000-0001-6057-7475
Year of publication: 2020
Source: Show
Pages: 235-244
DOI Address: https://doi.org/10.15804/ppk.2020.06.19
PDF: ppk/58/ppk5819.pdf

The purpose of the article is to signal that actions aimed at implementing the principle of social justice (in the context of Article 2 of the Polish Constitution) require the legislator to consider a number of variables. It is particularly about the principle of equality and guaranteeing an appropriate level of security (including social security), as well as respect for acquired rights and trust in the state and law. Legislative actions that result in legitimate securitization of the law may of course lead to the limitation of the principle of social justice, as long as they take into account the objective needs of safety and health protection. The use of inadequate measures by the legislator or the creation of apparent threats and the related fear by the power apparatus will evoke a deep sense of injustice and lead to violent opposition from society.

Access to Public Sector Information in the Perspective of the Constitutional Principle of the Common Good

Author: Katarzyna Dunaj
Institution: Pedagogical University of Krakow
ORCID: https://orcid.org/0000-0002-4788-6019
Author: Bogdan Fischer
Institution: Pedagogical University of Krakow
ORCID: https://orcid.org/0000-0002-1893-5870
Year of publication: 2020
Source: Show
Pages: 343-354
DOI Address: https://doi.org/10.15804/ppk.2020.06.28
PDF: ppk/58/ppk5828.pdf

The adoption of the UE Directive on Open Data and Re-use of Public Sector Information gives rise to necessity of its implementation by the Member States of the European Union. The process of implementing the Directive in Poland has also a significant constitutional value, because - according to the authors of this article - its content is realization of the principle of the common good (Article 1 of the Constitution of the Republic of Poland: “The Republic of Poland shall be the common good of all its citizens”). This is because data sharing has not only economic value, allowing the entity using access to public information to achieve a financial benefit, but also in other areas, where, in principle, both parties (a person and public authority) benefit from such action. Therefore, the role of public authorities should be to ensure the widest possible access to public sector information in order to implement the constitutional principle of the common good.

Prawo do zdrowego środowiska jako konstytucyjnie gwarantowane prawo podmiotowe

Author: Dagmara Kuźniar
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-2846-9575
Year of publication: 2021
Source: Show
Pages: 201-216
DOI Address: https://doi.org/10.15804/ppk.2021.03.13
PDF: ppk/61/ppk6113.pdf

The Right to a Healthy Environment as a Constitutionally Guaranteed Subjective Right

Environmental protection and the protection of the individual are closely related. This relationship has many aspects, which are subject to more and more analysis in the literature. The author is of the opinion that the right to a healthy environment should be treated as one of the individual human rights. The purpose of this article is to draw attention to the necessity to sanction the right to a healthy environment in the Polish Constitution. For this purpose, the provisions of the constitution were analyzed, and the constitutional practice of european countries and international practice were presented.

Członkostwo Polski w Unii Europejskiej jako przesłanka możliwych zmian w Konstytucji RP

Author: Jerzy Jaskiernia
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
ORCID: https://orcid.org/0000-0001-9401-5999
Year of publication: 2021
Source: Show
Pages: 203-215
DOI Address: https://doi.org/10.15804/ppk.2021.05.15
PDF: ppk/63/ppk6315.pdf

Poland’s membership in the European Union as a premise for possible changes to the Constitution of the Republic of Poland

The analysis addresses the problem of the extent to which the consequences of Poland’s membership in the European Union should be reflected in the Constitution of the Republic of Poland. The Polish Basic Law, in Art. 90, anticipated Poland’s membership in the EU. However, despite the attempts made, it was not possible – apart from the constitutionalization of the European Arrest Warrant – to introduce changes to the constitution resulting from EU membership. There are a number of regulatory gaps that deserve to be filled even if it is not possible to reach an agreement at the level of 2/3 of the support in the Sejm on the issue of a comprehensive „European clause”. The jurisprudence of the Constitutional Tribunal should not replace the constitution-maker. It is necessary for the constitution to fulfill its legal, political and educational function.

Bezpieczeństwo jako dobro publiczne w świetle prawa konstytucyjnego

Author: Barbara Szykuła-Piec
Institution: Szkoła Główna Służby Pożarniczej
ORCID: https://orcid.org/0000-0002-4533-232X
Year of publication: 2021
Source: Show
Pages: 323-334
DOI Address: https://doi.org/10.15804/ppk.2021.05.25
PDF: ppk/63/ppk6325.pdf

Security as a public good in the light of constitutional law

The study is a voice in the discussion: security as a good. In the light of the constitutional principle of the common good, a redefinition of security was proposed as the sum of the conditions of social life enabling and facilitating the integral development of all members of the community. The common and public good are products produced by state structures and their members. In order to minimize the attitudes of „common – nobody’s” and free-riders, in order to create dependence, responsibility to care for good, the topic of the theory of group solidarity was raised.

Constitutional Right of the Individual to Informational Autonomy in the Light of the Powers of the Police to Collect and Process Personal Data

Author: Izabela Stańczuk
Institution: War Studies University in Warsaw
ORCID: https://orcid.org/0000-0003-2446-8428
Year of publication: 2021
Source: Show
Pages: 439-450
DOI Address: https://doi.org/10.15804/ppk.2021.06.35
PDF: ppk/64/ppk6435.pdf

The article attempts to confront the individual’s constitutional right to informational autonomy and the powers of the Police in the framework of which the service may collect and process personal data. Bearing in mind the paramount role of the Constitution of the Republic of Poland and its special importance for the sphere of rights and freedoms, the key regulations devoted to the right to privacy and the possibility of limiting informational autonomy were referred to. Treating the constitutional content as fundamental in the relationship between the individual and the state authorities, they were referred to the powers of the Police based on which the service may legally interfere in the information sphere of the individual. It was also stressed that the multiplicity of powers and the expansion of their catalog make it necessary to pay more attention to applying the proportionality mechanism.

Do Armed Forces Personnel Need a Trade Union? The Perspectives of European Standards and the Constitution of the Republic of Poland on Freedom of Association

Author: Michał Balcerzak
Institution: Nicolaus Copernicus University in Toruń
ORCID: https://orcid.org/0000-0002-6421-1742
Author: Agnieszka Bień-Kacała
Institution: Nicolaus Copernicus University in Toruń
ORCID: https://orcid.org/0000-0002-9559-3130
Year of publication: 2021
Source: Show
Pages: 519-528
DOI Address: https://doi.org/10.15804/ppk.2021.06.41
PDF: ppk/64/ppk6441.pdf

The article aims to discuss the European standards concerning the freedom of association of armed forces personnel. Relevant norms in this regard result from human rights treaty law but also from soft-law elaborated within the Council of Europe. The authors juxtapose the existing standards with the scope of the freedom of association provided in Polish Constitution of 1997 and relevant domestic law. They ask whether the armed forces personnel need to form and join trade unions to secure their rights or perhaps the existing forms of exercising the freedom of association are satisfactory? The authors conclude that the current legal solutions in Poland meet the European and constitutional standards, and allow the Polish Armed Forces to observe neutrality regarding political matters. Nevertheless, the prohibition to form and join trade unions in Polish armed forces is of statutory rather than constitutional origin.

Controversies Regarding the Constitutionality of Cyclical Assemblies in Poland

Author: Elżbieta Ura
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0001-6896-6790
Year of publication: 2022
Source: Show
Pages: 365-379
DOI Address: https://doi.org/10.15804/ppk.2022.02.27
PDF: ppk/66/ppk6627.pdf

The purpose of the article is to present the amendments introduced to the Act - the Law on Assemblies by the Act adopted on December 13, 2016 and to define a new type of assemblies, i.e. public assemblies. Already the draftamending law has met with unfavorable opinions of the Supreme Court and the Helsinki Foundation for Human Rights, which, of course, have not been taken into account. The Act adopted at a very fast pace was also challenged by the President of the Republic of Poland, who appealed to the Constitutional Tribunal to adjudicate on the compliance of its provisions with the Constitution. However, the Tribunal recognised the constitutionality of the new provisions. Briefly presenting the differences between the so-called ordinary assemblies and cyclical assemblies and the procedure related to their organization will allow to put forward the thesis about the introduction of solutions increasing legal uncertainty, violation of the principle of equality and granting the voivode broad discretion when issuing decisions allowing the organization of cyclical assemblies. This will also be confirmed by the indication of the first decisions of the voivode allowing the organization of cyclical assemblies.

Glosa do uchwały Sądu Najwyższego z 28 maja 2021 r., sygn. akt III CZP 27/20

Author: Jacek Trzewik
Institution: Katolicki Uniwersytet Lubelski Jana Pawła II
ORCID: https://orcid.org/0000-0002-6462-6294
Year of publication: 2022
Source: Show
Pages: 389-397
DOI Address: https://doi.org/10.15804/ppk.2022.02.29
PDF: ppk/66/ppk6629.pdf

Gloss to Judgement of the Supreme Court of 28 May 2021, file ref. no. III CZP 27/20

The glossed resolution has a significant impact on the catalogue of legal measures for environmental protection. Since the personal and collective dimensions of environmental protection are not in conflict, and the related private and public interests are based on a common value as the environment, seeking protection of individual rights threatened or violated as a result of environmental impact may constitute an important means of indirect legal protection of the environment and its resources, competitive to direct measures taken in the public interest. However, the reasoning of the Supreme Court indicated in the justification of the resolution raises certain doubts and may have significant consequences for the manner of interpretation of the provisions of the environmental protection law system.

Ograniczenia wolności wypowiedzi z uwagi na przesłankę „ochrony zdrowia”. Kilka uwag inspirowanych pandemią SARS-CoV-2 w Rzeczypospolitej Polskiej

Author: Artur Biłgorajski
Institution: Uniwersytet Śląski w Katowicach
ORCID: https://orcid.org/0000-0002-1389-4520
Year of publication: 2022
Source: Show
Pages: 53-64
DOI Address: https://doi.org/10.15804/ppk.2022.03.04
PDF: ppk/67/ppk6704.pdf

Restrictions on Freedom due to the Premise of “Health Protection”. A Few Remarks Inspired by the SARS-CoV-2 Pandemic in the Republic of Poland

There is no question that “health protection” is the premise for the establishment of constitutional restrictions on rights and freedoms. It has been so far the subject of legal science only exceptionally and occasionally; mainly in the context of restrictions on the freedom of economic activity. It was only the SARS-CoV-2 pandemic in the Republic of Poland that brought a wider interest in this category, referring it also to the limitations of another fundamental freedom – freedom of expression. Considering the above, the analysis of legal limitations on the freedom of expression, imposed on the basis of the premise of health protection, seems to be by all means justified and purposeful.

Konstytucyjny obowiązek ochrony granic RP w świetle kryzysu na granicy z Białorusią

Author: Izabela Stańczuk
Institution: Akademia Sztuki Wojennej
ORCID: https://orcid.org/0000-0003-2446-8428
Year of publication: 2022
Source: Show
Pages: 249-265
DOI Address: https://doi.org/10.15804/ppk.2022.03.19
PDF: ppk/67/ppk6719.pdf

Constitutional Duty to Protect Polish Borders in the Light of the Crisis on the Border with Belarus

The duty of each state established by internal law is to protect its borders. The Constitution of the Republic of Poland, referring to the need to ensure the integrity of the territory and the security and inviolability of its borders, gives this duty priority. The crisis on the Polish-Belarusian border poses a serious threat to both the Baltic countries and the European Union. The methods and means used to end it are primarily intended to ensure border security, which is a particularly difficult task given the hybrid nature of the actions carried out by Belarus. The possibility of response and reaction of Polish services is limited by the need to respect human rights, international law regulations and democratic rules, which the Republic of Belarus does not feel bound by. The use of the state of emergency made it possible to focus efforts on combating the crisis, but the question arises how the situation will develop after it is lifted.

Propozycja uregulowania statusu prawnego małżonka Prezydenta Rzeczypospolitej Polskiej

Author: Michał Ożóg
Institution: Uniwersytet w Białymstoku
ORCID: https://orcid.org/0000-0002-4315-5235
Year of publication: 2022
Source: Show
Pages: 127-139
DOI Address: https://doi.org/10.15804/ppk.2022.05.10
PDF: ppk/69/ppk6910.pdf

Proposal for Regulating the Legal Status of the Spouse of the President of the Republic of Poland

The aim of this paper is to outline a proposal for the regulation of the most important issues regarding the status of the spouse of the President of the Republic of Poland. The text includes a proposal to adopt a law, which would define the tasks and competences, support apparatus and financing of the activities of the spouse of the Head of State. Specific issues concerning the linguistic determination of the spouse of the President of the Republic of Poland are presented, together with alternative formulas. The analysis also deals with the admissibility of taking up employment by the spouse of the President of the Republic of Poland. Regulation of the legal position of the President of the Republic of Poland is also presented from the perspective of the issue of sources of law. The paper applies a dogmatic method and refers to the practice of foreign countries.

Konstytucyjne prawo do nauki uczniów z niepełnosprawnością i jego realizacja w systemie szkolnictwa ogólnodostępnego

Author: Małgorzata Zaborniak-Sobczak
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0002-0262-4787
Year of publication: 2022
Source: Show
Pages: 303-314
DOI Address: https://doi.org/10.15804/ppk.2022.05.24
PDF: ppk/69/ppk6924.pdf

The Constitutional Right to Education of Pupils with Disabilities and Its Implementation in the System of Mainstream Education

The subject of this article is to examine the constitutionally guaranteed right to education from the perspective of its implementation in the mainstream education system for pupils with disabilities. The aim of the material is to provide a synthetic indication of the shortcomings observed in this respect, which may, in a broader perspective, pose a risk to the law under consideration. The material has been developed by a “practitioner” educator, for whom the legal regulations, although constantly undergoing numerous modifications, sometimes not in a transparent way, constitute the basis for the reorganization of the Polish mainstream education system toward non-discrimination and equality for previously disadvantaged groups. The above numerous amendments are ultimately not conducive to change for the better, on the contrary – they arouse resistance on the part of the most important addressees and implementers of the reforms being introduced “in instalments” – teachers.

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