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  1. 4 Przegląd Legislacyjny

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  1. 4 Parśniak K.

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  1. 3 2023

  2. 1 2022

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1

Weto ustawodawcze w świetle obowiązujących przepisów i dotychczasowej praktyki sejmowej

100%
Parśniak K.
Przegląd Legislacyjny
|
2023
|
issue PL 2 (124)/2023
100-131
EN
The subject of this article is not only a discussion of the provisions of the Constitution regarding the institution of legislative veto, but also an indication of issues directly related to this right of the President, which in practice raise concerns and are the subject of dispute in the doctrine, in particular with regard to the reconsideration of the act by the Sejm or the possibility of withdrawing it and by whom. The article will also present procedural issues related to the course of the legislative process, launched as a result of the President's use of the legislative veto, including the indicated areas that have not been regulated in the provisions of the Rules of Procedure of the Sejm, which results in granting great freedom to the Marshal of the Sejm and committees and also has impact on the questioned execution of the President's power in the parliamentary practice, regardless of whether the government and the parliamentary majority belong to the President's political background or not. In this regard, an attempt will be made to indicate the reason for the passiveness of the Marshal of the Sejm towards the submitted legislative initiative of the President and the committee regarding the pace of work on them and above all, to solve this problem, which however, requires appropriate legislative action. The article will also analyze legislative initiative for reconsideration of the act by the Sejm, submitted in the period from the 3rd to the 8th term of the Sejm, in terms of the assessment of the activity of individual Presidents, especially in periods of cohabitation, the effectiveness of the legislative veto, as well as the number of unresolved legislative initiative and those on which work was carried out too slowly in the committees, until the vetoed act was covered by the principle of discontinuation.
2

Stanowienie aktów prawa miejscowego o charakterze porządkowym

100%
Parśniak K.
Przegląd Legislacyjny
|
2023
|
issue PL 4 (126)/2023
77-105
EN
The subject of this article are issues related to the law-making of acts of local law of an ordinal nature at the voivodeship, district and commune level, which have aroused great interest among the doctrine for many years, mainly due to their authoritative nature and the level of discomfort to their recipients. At the beginning the following matters will be discussed: the issue of the position of acts of local law in the hierarchy of sources of generally applicable law, the basis for issuing these acts, their generic names, as well as the doubts that such regulations might cause in the context of limiting constitutional rights and freedom. The main part of the article will be devoted to the issue of the premises for establishing ordinal provisions specified in systematic acts, which in practice raise great doubts due to the high level of generality of the terms used therein, which is reflected in the extensive case law in this regard. The legal premise (so-called objective) will be analyzed, which is defined by the vague wording „to the extent not regulated by generally applicable provisions”, which makes its application much more difficult. Factual premises will be also discussed, referred to as subjective, which include the premise of the actual necessity of regulations and the premise of an actual threat to the protected values, indicated in the provisions of systematic acts. The assessment of these premises can also be difficult for the authorities competent to create the acts of local law of an ordinal nature due to the very evaluative nature of the terms used in the provisions, as is the case with the legal premises. Finally, the territorial premise will be discussed, which also may cause difficulties for the authorities issuing ordinal regulations, which, for example, are acts regulating issues of national rather than local scope. The summary part will present de lege ferenda postulates.
3

Regulacje dotyczące sposobu i kryteriów stwierdzenia śmierci mózgu w prawie polskim

100%
Parśniak K.
Przegląd Legislacyjny
|
2022
|
issue PL 3 (121)/2022
32-56
EN
The subject of this article is to present the method adopted by the legislator to regulate issues related to the criteria and the method of determining permanent irreversible cessation of brain activity, referred to as „brain death”, in Polish law both on the basis of current and previous solutions. These issues are currently included in the announcement of the minister competent for health, issued pursuant to art. 43a paragraph 3 of the Medical Profession Act, which, in turn, raises doubts in the context of the closed catalogue of sources of universally binding law formulated in art. 87 paragraph 1 of the Polish Constitution, in which this „announcement” was not mentioned. This solution is analogous to the structure adopted in the previous legal state under art. 9 paragraph 3 of the Transplant Act from 2005, in the original version, which provision the Patient Ombudsman appealed to the Constitutional Tribunal. This article will also attempt to indicate how the criteria and methods of determining brain death should be regulated, taking into account art. 87 paragraph 1 of the Polish Constitution, as well as what degree of detail should be adopted in this respect.
4

Regulacje dotyczące telemedycyny w prawie polskim

100%
Parśniak K.
Przegląd Legislacyjny
|
2023
|
issue PL 3 (125)/2023
114-150
EN
The subject of this article is to discuss the legal regulations regarding telemedicine, which is currently a subsidiary method of providing health services, compared to the traditional model, involving direct contact between the doctor and the patient. These regulations have undergone a significant revolution, especially during the COVID-19 pandemic, as evidenced by the presented both current and historical regulations. An attempt will also be made to explain the concept of telemedicine, which, despite the spread of this type of medical services, has not been legally defined on the basis of national regulations and international law. The article will also address the current problem of issuing e-pre¬scriptions against payment for a drug chosen by the patient, even a psychotropic drug, solely on the basis of a short questionnaire or online form completed by the patient. In this regard, the regulations proposed recently by the Ministry of Health, which aim is to limit this phenomenon in practice, will be discussed. In the summary section, de lege ferenda proposals will be formulated regarding the regulation of the current regulations in order to increase; in particular, the level of security of the patient’s personal data and information obtained during telemedicine services as well as the level and quality of services provided and as a result – the health safety of patients.
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