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Postępowanie w przedmiocie nominacji sędziowskich w czeskim porządku prawnym

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Sułkowski J., Zakład Prawa Konstytucyjnego Porównawczego Katedry Prawa Konstytucyjnego U. Ł.
Acta Universitatis Lodziensis. Folia Iuridica
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2009
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vol. 70
EN
The analysis of the procedure for appointment of judges shows that it is mostly influenced by the judicial community. Diminishing influence of the executive branch on the consecutive stages of the procedure is also apparent. There are no doubts that a right of access to the public service should be based on the clear and universal principles (i.e. principle of equality). The Czech constitutional law corresponds to European standards. It is worth emphasizing that the constitutionalization above-mentioned principles could give more guarantees to the judicial power. The procedure of appoint judges in the Czech Republic is characteristic because of two reasons. Firstly, the procedure consists of several steps (administrative-judicial, governmental, presidential), secondly its substantial part is not the subject of the regulation. In the procedure, the President goes beyond the sphere in which he embodies the majesty of the state and operates as an organ of public administration, there must be control of such actions. If we assume that, under the check and balance principle, the President of the Republic has to have real influence on the appointment procedure, a system of protection of candidates for judges should be established.
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Konstytucja Rzeczypospolitej Polskiej a wtórne prawo europejskie w świetle zasady nadrzędności Konstytucji

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Chmielarz A., Zakład Prawa Konstytucyjnego Porównawczego Katedry Prawa Konstytucyjnego U. Ł.
Acta Universitatis Lodziensis. Folia Iuridica
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2009
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vol. 70
EN
The Polish Constitution indicates the place of all sources of law in Polish law system, but does not precise the place of the European law, which is applied by public authorities. The Polish Constitution does not enumerate European legislative acts as a source of universally binding law. The legal status of this law is not clear according to constitutional norms. This is a reason of the discussion between the constitutionalists and the Europeanists about relations between European norms and constitutional ones. Furthermore, the problem is the lack of the system of constitutional control for the secondary European law. On the other hand the Polish Constitution forms a legal base for applying the European law, its relations with acts made by Polish authorities and it has a priority in the event of conflict with Polish legislative acts. The Constitution emphasizes the principle of its superiority (article 8, article 91, article 188) and this principle should indicate its relations with the European law. The Constitution should be treated as the most important source of law, including a system of guarantees for applying the European law in conformity to constitutional rules and with acceptation of legal principles of the European Union.
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Zmiany procedury legislacyjnej w Izbie Gmin w latach 1997–2005

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Michalak A., Zakład Prawa Konstytucyjnego Porównawczego Katedry Prawa Konstytucyjnego U. Ł.
Acta Universitatis Lodziensis. Folia Iuridica
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2009
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vol. 70
EN
The Select Committee on Modernisation of the House of Commons was established in June 1997 with a remit to “consider how the practices and procedures of the House should be modernised”. During the 1997 and 2005 it has put forward a number of proposals for reform, many of which have subsequently been adopted by the House. This article explains the background to the establishment of the Committee and the Modernisation Programme. It also explains the nature of the Modernisation Committee (which is unusual in that it has been chaired by the Leader of the House) and outline the key changes to the legislation procedures of the House of Commons during the 1997 and 2005 Parliaments (Pre-legislative Scrutiny, Timetabling of legislation, Carry Over of Bills). Furthermore this paper looks at the future of the Modernisation Committee and the prospects for further reform of the House of Commons practices and procedures.
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Parlamentarny system rządów na Węgrzech w Ustawie XXXI z 18 października 1989 roku o zmianie konstytucji

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Brodziński W., Zakład Prawa Konstytucyjnego Porównawczego Katedry Prawa Konstytucyjnego U. Ł.
Acta Universitatis Lodziensis. Folia Iuridica
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2009
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vol. 70
EN
In October 1989 Hungary became a Republic with the President at the helm. The Council of Ministers was replaced by a Government with Prime Minister as its head. It is allowed that ministers without portfolio participate in the work of the Government alongside those that are heads of particular Ministries. The new system of the posts of the state secretary was created, in order to adjust the structure to the requirements of the coalition governments. The parliamentary system of governance has emerged as an outcome of political agreements in the period of 1989– 1990 – during the so-called negotiated revolution. Its starting point was the meeting of the socalled „triangular table” with the participation of the government, the „satellite” actors and the anti-Communist opposition that took place in September 1989. The Hungarian Constitution amended in the Summer 1990 had unequivocally accepted the parliamentary system of governance. Similarly to the German Chancellor system, Hungarian form of parliamentarism is characterized by a relatively strong position of the head of government. In the opinion of some Hungarian constitutional experts the crux of the accepted political formula can be summarized in the following expression: „weak President of the Republic, relatively strong government and strong Parliament”. In the debate in June 1990 the Parliament had opted for a system of governance in which the Paliament – as chosen by the people – should remain the strongest political actor. The above remarks on the system of governance in Hungary after 1989 I treat as a fragmentary contribution to a discussion concerning the changes in the parliamentary system of governance in general. The system of governance has always undergone dynamic changes in the course of history. Hungarian constitutionalists have recently began the process of analysis of the phenomenon of the so-called presidentializing of the executive power in Hungary. To simplify the matter a bit, it can be said that the aforementioned notion is being understood as reinforcing of the office of the Prime Minister. Somehow against the intentions of the fathers of the Consitution of 1989, the Prime Minister assumes a peculiar role of a „national center”.
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Rola i znaczenie sejmowej Komisji do spraw Kontroli Państwowej

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Worach S., Zakład Prawa Konstytucyjnego Porównawczego Katedry Prawa Konstytucyjnego U. Ł.
Acta Universitatis Lodziensis. Folia Iuridica
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2009
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vol. 70
EN
The article concentrates on the issue of establishing and activities of the Sejm (Polish parliament) State Control Committee which has special character and as for the principle is to fulfill the role of the main centre to effectuate one of the most fundamental functions of the Sejm, namely the control function. There is the detailed description of the origin of this committee with regard to the political context of this decision and arguments for and against establishing this committee during the parliamentary debate concerning foundation of this body. There is formal-legal analysis of the competencies and the range of activities of this committee and also established in the course of practice direction of its functioning. The analysis of almost ten-year history of its practical activity has provided the image of practical possibilities to fulfill its control function as well as its weaknesses. The conducted research with legal and comparative analysis of similar parliamentary committees in other countries led to the conclusion that the State Control Committee hasn’t managed to work out the optimal range of its operation so its identity and ultimate competencies are still being searched. There is no doubt, however, that it plays auxiliary role in the execution of the Sejm’s control function and in the age of specialization of legislative bodies through the multiplication of specialist committees the committee certainly has its permanent standing in Polish Sejm.
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Senat Rzeczypospolitej Polskiej i Senat Republiki Czeskiej. Analiza porównawczo-prawna

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Skotnicki K., Zakład Prawa Konstytucyjnego Porównawczego Katedry Prawa Konstytucyjnego U. Ł., Centrum Studiów Wyborczych U. Ł.
Acta Universitatis Lodziensis. Folia Iuridica
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2009
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vol. 70
EN
Creation of the second Chambers of Parliament in Poland and in the Czech Republic wasn’t the result of well-thought vision of these organs, but was made to deal with immediate problems. Their constitutional model is different. In Poland it’s term is connected with Sejm’s term whereas in the Czech Republic there is no connection between them. In Poland it lasts 4 years and in the Czech Republic 6 years and it can’t be dissolved. Moreover, the frame of Czech’s Senate is renewed in 1/3 of it’s frame every 2 years, which makes it more representative. Candidates for senators besides the traditional requirements such as citizenship, full active capacity and full public rights, have to be at least: 30 years old in Poland and 40 in the Czech Republic at the day of poll. There are majority elections, but in Poland constituencies are plurinominal (from 2 to 4), whereas in the Republic of Czech uninominal. In Poland the candidate with the highest number of votes gets the mandate whereas in the Czech Republic there is the requirement of the absolute majority of votes which is why the second round takes place that often. Both Senates work permanently but the Czech one may be put on hold. In both countries the model of asimetrical bicameralism was introduced. Second Chambers take part mainly in the legislative procedure but the main role is being played by the first Chambers. The most important right of the Senate of the Czech Republic is the possibility to create (when the Chamber of Parlament is dissolved) the decree-law. The creative competences of both Chambers are very random and it’s hard to find any particular idea in it. Similar situation takes place when we discuss other rights even though there is not many of them. Generally speaking, Czech construction seems to let the Senate run it’s duties in a better way. Disconnection of the Chamber’s commision and temporary ability to renew the frame of Senate are these ideas which should be taken into account when discussing the reform of the second Chamber.
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Wstęp

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Skotnicki K., Zakład Prawa Konstytucyjnego Porównawczego Katedry Prawa Konstytucyjnego U. Ł., Centrum Studiów Wyborczych U. Ł.
Acta Universitatis Lodziensis. Folia Iuridica
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2009
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vol. 70
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