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Projekt stanowiska Sejmu w sprawie o sygn. akt K 13/13

100%
Kaleta K.
Zeszyty Prawnicze BAS
|
2013
|
issue 4(40)
273-293
EN
The case no. K 13/13 concerns the competence of the municipal committee on alcohol problems to take steps towards the ruling on the use of compulsory treatment for drug addiction treatment institution in relation to alcohol addicted persons. According to the author, the contested regulations are imprecise and – in particular – disproportionately interfere with the privacy of citizens.
2
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Projekt stanowiska Sejmu w sprawie o sygn. akt K 14/13

100%
Kaleta K.
Zeszyty Prawnicze BAS
|
2014
|
issue 2(42)
263-283
EN
In this draft position the author claims that Article 284 para. 2 of the Act on Public Finances imposes a disproportionate limitation on the constitutional right to public information and leads to violation of the essence of the right to information, and that the procedure for limiting access to the information provided in the contested provision does not comply with the requirement of proportionality, because is not able to improve the reliability and efficiency of the internal audit. He points out that the provision in question is incompatible with the appropriate provisions of the Constitution, as the documents produced by the internal auditor, as referred to in the examined article of the Act on Public Finances, do not form public information.
3
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Władza konstytuująca jako przedmiot badań nauk prawnych

100%
Kaleta K.
Filozofia Publiczna i Edukacja Demokratyczna
|
2018
|
vol. 7
|
issue 1
40-64
PL
The article discusses the nature and role of constituent power in contemporary constitutional democracies. It presents the genesis of the concept of constituent power (phrased by Joseph Emmanuel Sieyès within the distinction between «pouvoir constituant» and «pouvoir constitué»), different approaches to this concept framed in the XXth century legal science by such thinkers as H. Kelsen and C. Schmitt, and finally the contemporary interpretations of this concept. The author indicates and analyses two major issues relevant to the nature and role of constituent power in the contemporary constitutional democracy. Firstly, he examines the thesis that the democratic constituent power’s activity remains normatively undetermined. The search for internal normativity that might characterise constituent power in democracy determines such practical constitutional issues as discretion of the legislator within the process of making or amending the constitution. Secondly, the author points out that analysis of the role of  pouvoir constituant» in contemporary constitutionalism should not be limited to analysis of the „constitutional moment” only; the significance of constituent power should not be seen just in the framework of the one-off act of making the constitution. Constituent power should remain an active participant of constitutional discourse which induces a search for new principles ensuring balance between constituent and constituted power in constitutional democracies.
4
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Projekt stanowiska Sejmu w sprawie o sygn. akt K 39/12

100%
Kaleta K.
Zeszyty Prawnicze BAS
|
2013
|
issue 2(38)
274-312
EN
The opinion presents Sejm’s draft position in the proceedings before the Constitutional Tribunal concerning the motion by the Prosecutor general for examination of the provisions authorizing the representatives of the Supreme Audit Office to process sensitive personal data. In the Sejm view, the questioned provisions, insofar as they enable inspectors from the Supreme Audit Office to process data revealing the racial or ethnic origin, political views, religious or philosophical beliefs, denominational, party or trade union affiliation, as well as genetic code data and those concerning one’s habits or sex life, violate the constitutional principle of proportionality in the context of right to privacy and the individual‘s information autonomy.
5
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Projekt stanowiska Sejmu w sprawie o sygn. akt SK 18/151

100%
Kaleta K.
Zeszyty Prawnicze BAS
|
2015
|
issue 3(47)
245-273
EN
In the proposed draft position the author claims that Article 32 para. 1 of the Act on Foreign Service, in so far as it deprives the members of foreign service employed as auxiliary staff of the right to a separate remuneration or time off in exchange for work performed beyond normal working hours, is incompatible with the constitutional principle of equal protection of property rights and the principle of proportionality. He points out that covering of those employed in non-clerical positions under the special regime of increased availability to perform work is justified within in the scope of regulatory discretion of the legislator. However, it requires the introduction of a proper mechanism to compensate for the work performed. Moreover, according to the author, proceedings in relation to the remaining scope of examination of constitutionality of Article 32 para. 1 of the above-mentioned Act should be discontinued due to the inadmissibility of rendering the judgment.
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