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W sprawie projektu ustawy o zmianie ustawy o wykonywaniu mandatu posła i senatora autorstwa grupy posłów Klubu Parlamentarnego Kukiz’15

100%
Szmulik B.
Przegląd Sejmowy
|
2018
|
issue 5(148)
154–162
EN
The author analyzes the legal nature of the parliamentary mandate as regards a conceivable possibility of limiting the age of a holder of a mandate of a Deputy or Senator. Also, matters related to the principle of the supreme power of the nation and the nature of the legislative power are analyzed. Constitutional bases for the exercise of a parliamentary mandate are discussed, as well as legal restrictions as regards the effective regulation of the status of a Deputy or Senator in a legal act of a rank of a statute.
2

Niemożność przeprowadzenia wyborów jako przesłanka wprowadzenia stanu wyjątkowego

63%
Szmulik B., Szymanek J.
Przegląd Legislacyjny
|
2020
|
issue PL 3 (113)
23-36
EN
The article raises an important problem, especially in view of the presidential election planned for 2020, the inability to carry out the election due to various unpredictable events, including in particular the world coronavirus pandemic, which also affected Poland. The authors wonder, on the basis of existing legal solutions, primarily constitutional and statutory, whether the actual difficulties in holding the presidential election may be a sufficient premise for introducing a state of emergency. The latter in the Polish constitution has three forms, and one of them is a state of emergency. One of the reasons for its introduction is the threat to the constitutional system of the state, which should be understood as a threat to the functioning of the institutions and procedures contained in the current Constitution. The conclusion is that the impossibility of holding elections that would result in the staffing of the presidential office is a mere premise that allows - in the light of applicable legislation - to introduce a state of emergency. The inability to hold the elections of the head of state harms the foundations of the constitutional system and protects the state of emergency.
3

O możliwości wprowadzenia stanu nadzwyczajnego w kontekście epidemii koronawirusa

63%
Szmulik B., Szymanek J.
Przegląd Legislacyjny
|
2020
|
issue PL 2 (112)
9-20
EN
The article deals with the current topic of the possibility of introducing a state of emergency in the context of the coronavirus pandemic and WHO-induced COVID-19 disease announced by the WHO. The authors point out that the introduction of the states of emergency would be an unprecedented event, reaching for the institution of the Polish Constitution from 1997, so far considered only in theory. Hence, the authors start their arguments with the general characteristics of the states of emergency regulated in Chapter XI of the Constitution. To this end, they present their types, circumstances of possible introduction and present the general logic governing emergency states. Later, they move on to possible variants of introducing one of these states while fighting the coronavirus epidemic, indicating that only the state of emergency and the state of natural disaster are applicable, with the indication that the latter is better suited to the logic of emergency states. At the same time, the authors strongly emphasize the principles that should be followed by a political decision-maker when deciding ultimately whether an emergency should be imposed or whether it can be avoided. These principles are first and foremost: the principle of necessity, the principle of temporality, the principle of proportionality.
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