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  1. 4 Gromek Z.

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Glosa do Wyroku Trybunału Konstytucyjnego z dnia 20 listopada 2019 r., sygn. akt K 4/17

100%
Gromek Z.
Przegląd Sejmowy
|
2021
|
issue 2(163)
267–279
EN
In the judgment of 20 November 2019 (Case K 4/17), the Constitutional Tribunal assessed the compatibility with the Constitution of the Republic of Poland of provisions imposing on local government units the obligation to cover financial losses of independent public health care institutions run by local governments. The negative financial result of local government healthcare institutions resulted from insufficient financing of medical services by the National Health Fund. The Tribunal found that local government units were thus obliged to partially finance health care services, despite the fact that this is a task of government administration. The issue of providing local government units with adequate financial resources has repeatedly been the subject of rulings by the Constitutional Court. Jurisprudence to date has been based on a restrictive interpretation of Article 167(1) and (4) of the Constitution of the Republic of Poland. As a result, the aforementioned provisions ceased to fulfill the guarantee function in relation to local government. The judgment under review constitutes a departure from the above line. The position adopted therein deserves to be endorsed and continued in future jurisprudence.
2
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CONSTITUTIONAL ACCOUNTABILITY IN THE CONTEXT OF THE PRINCIPLE OF REPRESSIVE PROVISIONS (Odpowiedzialnosc konstytucyjna w swietle zasady okreslonosci przepisów represyjnych)

100%
Gromek Z.
Przegląd Sejmowy
|
2010
|
issue 2(97)
9-28
EN
The article examines the provisions concerning constitutional accountability (Article 198 para. 1, Article 145 para. 1 and Article 156 para. 1 of the Constitution) in the context of the principle of specific nature of a prohibited act. From the constitutional principle of 'nullum crimen sine lege' (Article 42 para. 1 of the Constitution) stems, inter alia, the requirement for precise and explicit statutory definition of material elements of a prohibited act, which prevents repressive provisions of a blanket nature from being enacted The requirement for sufficient specificity of the features of a prohibited act covers all forms of repressive responsibility, including constitutional accountability. The fact that the constitutional legislator has given the regulations establishing constitutional accountability the form of blanket provisions may raise doubts whether the specificity requirement has been thereby met. The article provides arguments that seem to support the use a blanket provision in this case. The author points out that, in view of the jurisprudence of the Constitutional Tribunal, the principle of specificity is not absolute. At the same time, in the context of disciplinary responsibility which is similar to constitutional accountability, the constitutional court permits the application of blanket regulations. A similar structure is applicable to criminal liability for abuse of powers of authority (Article 231 §1 of the Penal Code). The author believes that only such approach to liability may guarantee full protection of the principle of legalism in the functioning of the supreme organs of the state. He also draws attention to the fact that regimes of liability stricter than those applied to regular citizens are allowed in relation to persons holding public functions.
3
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Przebieg procedury ustawodawczej w Sejmie VIII kadencji — analiza ilościowa

100%
Gromek Z.
Przegląd Sejmowy
|
2020
|
issue 4(159)
31-62
EN
The purpose of the article is to analyze, in statistical terms, the course of legislative proceedings in relation to the laws passed by the Sejm of the 8th term. The study covered the following aspects of the legislative proceedings: 1) the entity implementing the legislative initiative; 2) the time frame of the legislative procedure, broken down into individual stages thereof; 3) the characteristics of draft laws in terms of content thereof; 4) the work on draft laws in parliamentary committees; 5) the position of the Senate on the laws passed by the Sejm; 6) the President’s participation in the legislative proceedings. The analysis was carried out on the basis of data available on the Sejm’s website and includes 914 laws. The results of the study presented in the article may constitute the basis for comparing the legislative process during the 8th term of the Sejm to such process during the previous terms of the Sejm.
4
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Realizacja prawa petycji przez Sejm VIII kadencji (lata 2015–2018). Wybrane zagadnienia

100%
Gromek Z.
Przegląd Sejmowy
|
2019
|
issue 3(152)
21–40
EN
The article contains an analysis of the hitherto realisation of the constitutional right of petition by the Sejm of the Republic of Poland. With the entry into force of the Act of 11 July 2014 on petitions, public authorities, including the Sejm, became obliged to consider petitions. In the Sejm, Petition Committee was established as the organ competent to consider petitions submitted to the lower chamber of the parliament. The Committee was appointed at the end of the seventh term of the Sejm, but commenced its substantive activity only at the beginning of the eighth term. Until the end of 2018, Petition Committee altogether considered 393 petitions submitted to the Sejm in the years 2015–2018. In the article such issues are discussed, related to petitions considered by Petition Committee, as: specifying entities exercising the right to petition, the subject of petitions and procedure for considering them. The analysis is based on the materials documenting the works and the course of the sittings of the Sejm Petition Committee during the eighth term, in the years 2015–2018.
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