• Francuski model parlamentarnej kontroli polegislacyjnej

    Author: Jarosław Szymanek
    E-mail: jaroslawszymanek@o2.pl
    Institution: Uniwersytet Warszawski
    Year of publication: 2018
    Source: Show
    Pages: 77-102
    DOI Address: https://doi.org/10.15804/ppk.2018.03.03
    PDF: ppk/43/ppk4303.pdf

    The article deals with the subject of evaluation of legislation in the French parliament. The French model for the assessment of adopted legislation is highly original and – to some extent – unique. This is mainly determined by the increase of evaluation activities to the rank of constitutional decisions and a clear recognition that the so-called evaluation of public policies (évaluation des politiques publiques) is one of the functions of the parliament. French experience can not be treated as a model for the establishment of similar assessment procedures in the analytical work of the Polish Sejm. These are carried out on the basis of general scientific and expert advice, which, however, from a formal point of view, are not the proper parliamentary procedure (as is the case in France). However, one can reach for a general scheme of evaluation methodology, which regardless of whether the assessment of adopted laws is carried out by parliament bodies (eg committees) or entities that are part of the Sejm Chancellery (eg BAS) can be adopted. This is primarily about the introduction of two levels of such an assessment, i.e. the level of assessment of the legal degree of implementation of the Act (through the relevant implementing acts) and the level of proper impact assessment that the Act triggers (substantive evaluation). It seems that following the French solutions, one could also introduce, as a solution, optimal, temporal assumptions for such control, i.e. a period of six months to assess whether the law was correctly introduced by the government into the legal circulation and a period of three years to assess this whether the effects that the Act triggers correspond to what was expected at the time the bill was submitted.

Wiadomość do:



© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart