Autonowelizacja aktu normatywnego w kontekście czasowych granic antycypacji prawodawcy
Self-Amendment of a Normative Act in Light of Temporal Boundaries of a Legislator’s Anticipation
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The scope of the paper is to distinguish a specific type of amendment to a statute in which the Polish legislator anticipates normative consequences of the enacted legislation. The case being the subject of the research is derived from the Act on Village Representatives' Fund enacted in 2014. The legislator anticipated that the newly created provisions of the aforementioned act will become inapplicable once a different statute (Act on Population Registration and Identity Cards enacted in 2010, but coming into force in 2015) will enter into force in the future. The legislator had anticipated the forthcoming inconsistency in the legal system caused by content of Article 3 of the Act on Village Representative's Fund and prevented that flaw by including in that act the amending provision (Article 8), which modified the Act on Population Registration and Identity Cards Statute from 2010 by adding to that act the amending provision (art. 68a) which has finally modified (in 2015) Article 3 of the Act on Village Representatives' Fund and has prevented inconsistency in the legal system. That kind of a legislative action is called indirect self-amendment. It eliminates in some situations (like the abovementioned one) necessity of enactment of an amending statute aimed only at correcting the mistake. The paper focuses on theoretical acceptability of the self-amendments in lawmaking process and contains considerations about their permissible (also in the light of Polish “Principles of Legislative Technique”) applications.
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