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  1. 5 Przegląd Sejmowy

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  1. 5 Sarnecki P.

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  1. 1 2011

  2. 1 2010

  3. 3 2009

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1
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SUPERIOR POWERS OF THE PRIME MINISTER WITHIN THE STRUCTURE OF GOVERNMENT ADMINISTRATION (Kierownicze kompetencje Prezesa Rady Ministrów w strukturze administracji rzadowej)

100%
Sarnecki P.
Przegląd Sejmowy
|
2011
|
issue 3(104)
57-71
EN
According to the Constitution of the Republic of Poland, the Prime Minister performs the functions of 'coordinator and controller of the work of members of the government' in carrying out of the task 'to ensure the implementation of the policies adopted by the Council of Ministers' (Article 148(4) and (5)). Those functions of the President of the Council of Ministers are specified in detail in secondary legislation. They are contained in 150 statutes currently in force. This article attempts to classify these competences. They may be arranged into the following groups: organizational powers, appointment powers, issuance of guidelines and instructions, direct management over matters assigned to individual ministers. Considering those numerous competences, contained both in the Constitution and statutes, the author puts forward a proposal to recognize the Prime Minister, formally, in Article 10 of the Constitution as the third element of the executive power, in addition to the Council of Ministers and the President of the Republic.
2
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THE POLITICAL SYSTEM OF POLAND AFTER THE COMING INTO FORCE OF THE CONSTITUTIONAL ACT OF 7 APRIL 1989 (Ustrój polityczny Polski po wejsciu w zycie ustawy konstytucyjnej z 7 kwietnia 1989 r.)

100%
Sarnecki P.
Przegląd Sejmowy
|
2009
|
issue 3(92)
11-26
EN
The article provides an analysis of the systemic transformations in Poland in the summer and autumn of 1989 r. The main impulse behind these transformations were the Round-table agreements between the representatives of the former Communist regime and independent social movement organizations comprised mostly of the members of the 'Solidarity' trade union.. They have resulted in an amendment of the Constitution of 7 April 1989 as well as the adoption of many other statutes. The arrangements of the Round-table discussions and the amendments of the Constitution were both a product of political compromise. These changes included, in particular, the establishment of the office of President of the Republic and the second chamber of parliament. The article contains a detailed analysis of powers of the two new bodies, as well as new powers of already existing bodies. However, the above-mentioned compromise was rejected by the People in the parliamentary election of 4 and 18 June 1989. In the opinion of the author, the result of that election, meant in fact the restoration of the principle of sovereignty of the Nation (although absent from the text of the Constitution), and the said principle had to lead, in practice, to an interpretation incompatible with the intentions behind the above-mentioned political compromise.
3
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DISPUTES OVER AUTHORITY BEFORE THE CONSTITUTIONAL TRIBUNAL (Spory kompetencyjne przed Trybunalem Konstytucyjnym)

100%
Sarnecki P.
Przegląd Sejmowy
|
2009
|
issue 5(94)
9-22
EN
The Constitution of the Republic of Poland of 2 April 1997 confers on the Constitutional Tribunal a new power, i.e. the power to settle disputes over authority between the central constitutional organs of the State. (Article189). There are many such bodies, but only those particularly specified in the Basic Law may apply for settlement of such dispute before the Constitutional Tribunal (Article 192). If any other constitutional organs have found themselves in a dispute over authority, they should refer to an authorized body to initiate a dispute for them. A more detailed regulation of the issues can be found in Articles 53 and 54 of the Constitutional Tribunal Act which distinguishes between two traditional models of dispute over authority, positive and negative ones. The author gives critical opinions on the above-mentioned provisions and strives to prove that these two structures are not adequate for all potential cases of disputes over authority arising under the Constitution. The omission of the question of validity of the acts already issued by those organs, which were considered inappropriate as a consequence of the settlement of the dispute, is a statutory loophole. Therefore, the author proposes establishing a new, complementary procedure for determining authority beyond the two classic models. This is because the said two procedures are designed to be applied when the dispute relates to bodies deciding on a particular case. The exercise of constitutional powers often does not involve decision-making. The proposed procedure would be applied by the Public Prosecutor General, provided that his/her function is separated from that of Minister of Justice..
4
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THE SEJM OF THE REPUBLIC OF POLAND IN THE PERIOD OF TRANSFORMATION (Sejm Rzeczypospolitej Polskiej okresu transformacji ustrojowej)

100%
Sarnecki P.
Przegląd Sejmowy
|
2010
|
issue 5(100)
14-31
EN
Since the beginning of the process of transformation in Poland (initiated by the parliamentary election on 4 June 1989) the Sejm has operated within several constitutional structures. They have brought, step by step, the principle of separation of powers into Poland's system of government and made the Sejm the key element of legislative power. Apart from lawmaking, the Sejm has other functions (including those relating to oversight, budget, adaptation of international law, political inspiration, and - recently - the European function). The wide-ranging approach to the duties of the Sejm is not only the result of habits from our past (years 1952-1989), when the Sejm was declared to be the superior authority of the State. We must not forget that the Sejm is a house of parliament, and that in a democracy such a body may deal with any public matter, discuss it and express its position thereon, not only for the purpose of making law on its basis. Therefore, the list of competences of the Sejm includes not only statutes, but also resolutions concerning particular matters, as well as declarations. The article contains statistical data on the activities of the Sejm in respect of certain issues. The author concludes that, in general, the Sejm has successfully completed its transformation to the new system. However, as concerns the development of appropriate political culture, its activity may raise some doubts.
5
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THE SIXTIETH ANNIVERSARY OF THE BASIC LAW OF THE FEDERAL REPUBLIC OF GERMANY (W szescdziesieciolecie Ustawy Zasadniczej Republiki Federalnej Niemiec)

100%
Sarnecki P.
Przegląd Sejmowy
|
2009
|
issue 6(95)
9-15
EN
This article introduces the present issue of 'Przeglad Sejmowy' dedicated to the 60th anniversary of the adoption of the Basic Law in Germany. The author outlines the history of the creation of that act and identifies the factors which influenced its solutions. He also describes its further development, including numerous amendments which still enable it to determine the real functioning of the Federal Republic of Germany. The article also mentions frequent cases where German solutions are adapted by constitutions of other states, including the Polish constitution. The Polish constitutional law scholars have long been interested and involved in studying the institutions of the German system of government, of which this issues of 'Przeglad Sejmowy' is a proof.
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