- Author:
Tomasz Słomka
- E-mail:
tomasz.slomka@uw.edu.pl
- Institution:
University of Warsaw
- ORCID:
https://orcid.org/0000-0002-9226-5828
- Year of publication:
2020
- Source:
Show
- Pages:
167-182
- DOI Address:
https://doi.org/10.15804/ppk.2020.06.13
- PDF:
ppk/58/ppk5813.pdf
The article concerns the dilemmas of building Polish constitutional identity after 1989. The hypothesis assumes that after the initial twenty years of consolidation and Europeanization of constitutional democracy, there was an attempt at undermining the adopted political order. The policy of the ruling camp after 2015 is a striking proof of this crisis.
- Author:
Paweł Sadowski
- E-mail:
pawel.sadowski@mail.umcs.pl
- Institution:
Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- ORCID:
https://orcid.org/0000-0002-9480-643X
- Year of publication:
2021
- Source:
Show
- Pages:
415-426
- DOI Address:
https://doi.org/10.15804/ppk.2021.04.27
- PDF:
ppk/62/ppk6227.pdf
Freedom of assembly in times of a pandemic. Israeli experiences
Freedom of assembly is an essential element in modern democracies, also during emergency situations. The time of the pandemic is an example of the use of various restriction mechanisms of human rights. The Israeli case is worth discussing because as in other democratic states the political internal crises overlap with the pandemic emergency regulations and tensions between parliament and executive branch in law-making.
- Author:
Anna Rytel-Warzocha
- E-mail:
anna.rytel@prawo.ug.egu.pl
- Institution:
Uniwersytet Gdański
- ORCID:
https://orcid.org/0000-0001-8972-4088
- Year of publication:
2022
- Source:
Show
- Pages:
25-37
- DOI Address:
https://doi.org/10.15804/ppk.2022.03.02
- PDF:
ppk/67/ppk6702.pdf
If not the Constitutional Tribunal, then What? On Dispersed Constitutional Review in Poland
The discussion on the model of constitutional review of law in Poland gained a new dimension after 2016 in connection with the ongoing constitutional crisis. First of all, there is a question of whether, irrespective of the competences of the Constitutional Tribunal, on the grounds of the binding constitutional provisions, also courts may review the constitutionality of statutory provisions in the process of their application. Although after 1997 the principle became established that the Constitutional Tribunal had exclusive competence to review the constitutionality of acts in Poland, a clear change in this respect is now visible both in doctrine and jurisprudence. The majority of doctrinal representatives justify the admissibility of dispersed judicial review by the inability of the Constitutional Tribunal to perform its basic function, treating it as something exceptional, incidental, determined by the doctrine of necessity. The aim of this paper is to present the debate on the admissibility of dispersed judicial review on the grounds of the Polish Constitution, as well as to indicate the possible directions of its development.
- Author:
Kamil Szostak
- E-mail:
kamszo@st.amu.edu.pl
- Institution:
University of Adam Mickiewicz in Poznań
- ORCID:
https://orcid.org/0009-0000-2511-7932
- Year of publication:
2023
- Source:
Show
- Pages:
311-324
- DOI Address:
https://doi.org/10.15804/ppk.2023.04.23
- PDF:
ppk/74/ppk7423.pdf
The article critically analyses the models of the constitutionality inspection adopted in Portugal and in Poland. For this purpose the comparative method has been applied, comparing Portuguese and Polish approaches. Theoretical aspects of the constitutionality inspection are discussed and the notions of the centralised and the diffuse inspection model are introduced. Then the paper analysis the actual inspection practices in both countries discussing the diffuse and concentrated inspection separately. Constitutional rules pertaining to the direct effect of the constitutions, constitutional jurisdiction of judges and operation of the constitutional courts are considered. The article concludes that in both countries different models of constitutionality inspection operate. In Portugal operates the mixed constitutionality inspection model while in Poland, despite views advocating for permissibility of the diffuse control, the centralised model functions.
- Author:
Michał Ziółkowski
- E-mail:
mziolkowski@kozminski.edu.pl
- Institution:
Akademia Leona Koźmińskiego
- ORCID:
https://orcid.org/0000-0001-7019-7193
- Year of publication:
2024
- Source:
Show
- Pages:
45-58
- DOI Address:
https://doi.org/10.15804/ppk.2024.03.04
- PDF:
ppk/79/ppk7904.pdf
Problem of the Limits of the Constituional Tribunal Jurisdiction over EU Treaties. Debate Regarding Case file ref. no. K 3/21
The article begins with an examination of the doctrinal debate surrounding the judgment of the Constitutional Tribunal, which declared certain provisions of the Treaty on European Union to be unconstitutional. The Tribunal took over a year to provide written justification, covering crucial topics in constituional law and the EU law such as primacy, subsidiarity, and constitutional identity. One of the notable changes was the Tribunal’s new approach to jurisdiction over the Treaties. The article, which has a doctrinal and interpretive nature, discusses and critiques the Tribunal’s arguments. The author believes that the question is not whether the Tribunal has the power to review the treaties, but what the constitutional limits of this power are. The article offers suggestions on how to limit the Tribunal’s jurisdiction.
- Author:
Wojciech Mojski
- E-mail:
mojski@interia.pl
- Institution:
Uniwersytet Marii Curie-Skłodowskiej
- ORCID:
https://orcid.org/0000-0002-4802-3346
- Year of publication:
2024
- Source:
Show
- Pages:
293–302
- DOI Address:
https://doi.org/10.15804/ppk.2024.05.21
- PDF:
ppk/81/ppk8121.pdf
The article attempts to analyze the issue of the systemic effects of the constitutional defects of a constitutional court’s ruling on the legal order of a constitutional state. This systemic problem, relatively rarely observed in practice – characteristic in the sense of a model analysis for constitutional crises – however has occurred in recent years, among others, in Poland, which causes many theoretical and consequently practical problems that require solution. The study is a voice in the discussion in this area, adopting a theoretical perspective for the analysis of these issues, based primarily on contemporary general and specific assumptions of the constitutional theory.