- Year of publication: 2013
- Source: Show
- Pages: 243-248
- DOI Address: -
The control function is one of the oldest and most fundamental spheres of representative body’s activity. The aim of the control carried out by the representative body is to in- vestigate certain areas of government activity, detect and indicate irregularities, as well as to undertake measures to prevent irregularities in the future. The implementation of the Sejm’s control function, which is based on art. 95, paragraph 2 of the Constitution, occurs when applying wide range of instruments among which we can discern in- struments of individual control of Deputies (parliamentary interpellation, parliamentary questions, questions on current affairs and current information), the activities of Sejm committees, including the parliamentary commission of inquiry and instruments of control carried out by the entire chamber. The effectiveness of these instruments may be considered on many grounds – from the possibility of being used by groups staying in opposition to the ruling majority to assessment of the objectives connected to each of the control instruments, and this requires Sejm control criteria to be defined.
The protection of privacy embraces three areas: physical integrity, information autonomy and protection of family life. All these spheres, distinguished in law and jurisprudence, protect the human identity against public authorities and other people interferences. However, in all these spheres there can be observed new changes, appearing insocial life and lifestyle, which let us ask the questions about the scope and real need of privacy protection in contemporary world, where cultural norms and development of societies influence on concept of privacy and public sphere.
On 25th January European Commission introduced draft Regulation Of The European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (general data protection regulation); as a result of EU data protection reform works. The Commission’s proposals, makes significant change in future position and role of Member States’ supervisory authorities. It will be a result of several precise duties imposed on those bodies, which regard execution of mutual cooperation principle as well as joint operations. Important meaning will also have relation between states supervisory bodies and the Commission,by virtue of consistency mechanism and legislator powers given to the Commission. Above mentioned proposals on legal solutions, lead to necessity to assess the principle of supervisory authorities’ independence (which is described in details and strengthened in the draft Regulation) in relation to European authorities. Although European legislator took care for several independency guarantees in organisational a financial manner, it is possible that in legal dimension the predicted purpose will not be achieved. Consistency mechanism proposed in draft Regulation is very wide in subjective scope and allows the Commission to control directly means taken by state supervisory bodies, by issuing implementing acts. As a consequence of such a mechanism, the independence ofthose bodies in relation to the Commission will be undoubtedly, significantly limited. It is disputable whether state supervisory authorities will be able to keep independence prescribed by article 47 p.1. of the draft Regulation, in its full scope. It must be emphasised that Regulation as directly applicable will become a part of domestic legal order in Poland. If it will come in to force in currently proposed wording, the polish supervisory authority – Inspector General for the Protection of Personal Data, will be a part of European data protection system, and will be obliged to fulfil its duties in respect of European Union authorities (The European Commission and European Data Protection Board).
Islam is a phenomenon which is present and increasingly conspicuous in EU Member States in social, political and also legal dimensions. The positive picture of the relations between the societies – hosts and Muslims is, however, interfered in such dimensions.The present author seeks what has caused this state of affairs, as well as attempts to formulate a recipe for a practical coexistence of the Western-Christian and Enlightenment concept of freedom and individual rights with the Islamic concept of individual rights. By defining Islam’s attitude to human rights and indicating the limited compatibility of both concepts of individual rights, the present author discerns the factors of their convergence in the process of secularisation of the Islamic concept of human rights and in the rise of the level of self-organisation of Muslim communities. The signpost in this process is to be the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights. What offers a chance for the convergence of both concepts of human rights: Western and Islamic is the concept of Euroislam.
The article focuses on issues related to ratification in Poland of the Council of Europe Convention on preventing and combating violence against women and domestic violence. It includes an analysis of constitutionality of the certain provisions of the Convention. In the author’s view, the Convention does not contain any provisions inconsistent with the Constitution of Poland. However, he claims that proper interpretation of this document requires analysis of its authentic texts in English and French.
In this paper I focus on the creation powers of the President in view of the current problems. I also attempt to find answers to some of the questions related to the issue whether, provided the Constitution of the Slovak Republic concedes the President of the Slovak Republic the power to appoint a constitutional official on the proposal of a collective body or a specific person, the President may refuse to appoint a public official, and what the position of the President is in this kind of appointment, thus what function he performs.
The institutions of direct democracy are being applied in the Swiss Confederation on a scale that is incomparable with any other country. The popular initiative itself is being used by various interest groups, as well as by political parties, at least a few times each year. This article aims at presenting in a complex manner both legal and practical aspects of the popular initiative’s application in the Swiss Confederation. The first part of the article deals with the origin and the development of the direct democracy institutions throughout the years. In the next part the legal regulations concerning the popular initiative and the proceedings relating to it (from its submission to results’ publication and possibilities of their verification) are being presented. The following fragment of the article describes the interest groups and political parties submitting the initiatives and also initiatives’ objects. The article is concluded by the presentation of the various purposes, which popular initiative can serve, apart from its aim to amend the Federal Constitution.
© 2017 Adam Marszałek Publishing House. All rights reserved.
Projekt i wykonanie Pollyart