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  1. 5 Dobrowolski M.

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ON THE NEED FOR REFORM OF BICAMERALISM OF POLISH PARLIAMENT (W sprawie potrzeby reformy dwuizbowosci polskiego parlamentu)

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Dobrowolski M.
Przegląd Sejmowy
|
2009
|
issue 2(91)
31-53
EN
Modern bicameralism has existed in Poland for twenty years now. Its basic structure was formed in 1989-1992, with further slight modifications (often necessitated by reforms in extra-parliamentary areas of the system of government). To sum up, the evolution of the position of the Senate tends, ultimately, to diminishing its role in the system of government (stages thereof are determined, inter alia, by the way in which the Round-Table Agreements were translated into the solutions adopted in the April 1989 Amendment, by the occurrence and consequences of the legislative stalemate, by the change in the edition of the provisions specifying the moment of transferring an adopted bill to the President of the Republic for signature, and by the judicial practice of the Constitutional Tribunal in relation to the meaning of the term 'amendment by the Senate'. The continuance of such direction of the evolution would reduce the role of the Senate to that of a middle-quality legislative bureau, and which - in turn - will raise the question of its further existence. Therefore, we should initiate a discussion on its general reform. At the beginning of the discussion, it is worth mentioning that parliamentary procedures must lead to effective decision-making in which the matter could be talked over. Then, both the Chambers are involved in an intra-parliamentary 'discussion' on the political choice of the best solutions. It seems that the reason for the establishment of the Senate is the application by that Chamber of a different perspective of view in consideration of particular matter. This requires the necessity of a political diversity of membership of the Chambers and modification of mutual relations between them. This approach would lead to the elimination of the provision 'Sejm shall adopt statutes' and making the term of office of the Senate independent of the term of office of the Sejm, as well as modification of the principles concerning the setting up of the composition of the second Chamber. The latter proposal might by achieved by the introduction of a 6-year tern of the Senate with one-third of its membership exchanged every two years or by the election of senators by electoral colleges composed of councillors from the local governments of all levels and presidents of the towns, mayors and heads of communes. To support the 'professional factor', the composition of the Senate should be supplemented by persons who had held the highest state offices in the past. The discussion on these proposals, as it seems, would result in developing an optimal shape of Polish bicameralism.
2
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SYSTEM OF GOVERNMENT UNDER THE ROUND-TABLE AGREEMENTS (Ustrój panstwa w porozumieniach Okraglego Stolu)

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Dobrowolski M.
Przegląd Sejmowy
|
2009
|
issue 3(92)
EN
The article provides an analysis of the system of government during the period of its transformation from 'the state of Communist nomenclature' to 'the state of civil society'. The most important elements of this process included: legalization of Solidarity trade union and establishment of new organs: President of the Republic (an office with wide powers, held at that time by Wojciech Jaruzelski) and the Senate (to be elected in free election), as well as the so-called 'contractual' election of deputies to the Sejm (65% of all seats reserved to the regime parties and the remaining 35% to be chosen in free election). Looking from the perspective of today, we may say that the system of government adopted in the Round-Table agreement provided some 'cracks' (through which the changes could be forced), but also particular measures to prevent the evolution from being excessively fast. These measures did not only protect the socialist system of the state, but first of all they were aimed at protection of those political groups and persons which were in power in that system. The analysis made by the author shows the existence of a peculiar negotiation philosophy used to solve political disputes and legal problems (manifested, in particular, in the course of modification of electoral law between the first and the second round of the election of June 1989). One may, however, wonder whether this philosophy has subsequently resulted in the practice that the decisions of highest importance for the state and the people are held in secret? This question is justified by the Rywin affair. If such a practice really took place, this could mean that public debates on the state policy guidelines would be only a surface reality, and actual decision-making process would be taken behind closed doors.
3
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W sprawie dopuszczalności ewentualnie braku dopuszczalności wycofania poparcia dla sędziego — kandydata zgłoszonego do Krajowej Rady Sadownictwa przez grupę co najmniej 25 sędziów albo grupę co najmniej 2000 obywateli (art. 11 a ust. 2 ustawy o KRS)

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Dobrowolski M.
Przegląd Sejmowy
|
2018
|
issue 2(145)
136–139
EN
The Act on the National Council of the Judiciary establishes two collective subjects entitled to submit a candidature for its member, i.e. a group of at least (a) 2,000 Polish citizens, (b) 25 active judges. Those two subjects are equal. An effective withdrawal of support by a judge would result in equally treating the citizens’ support, which would cause considerable implementation difficulties. Admissibility of support withdrawal is inconsistent with the principle of fi nality of citizens’ support, dominating in the Polish legal system; moreover, it lacks substantive justifi cation — the supported candidate could not have changed radically in the period of a few days. The finality of support emphasizes the signifi cance of responsible decision-making in this scope, which ensures no interruption in the further stages of proceedings. Hence, it shall be concluded that the act on the National Council of the Judiciary contains a legal loophole — it may be filled by applying the systemic interpretation, which leads to the opinion on the finality of submitting the candidature of a judge for a member of the National Council of the Judiciary
4
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Wybory prezydenckie w czasie pandemii

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Dobrowolski M.
Przegląd Sejmowy
|
2022
|
issue 6(173)
13–44
EN
The presidential election held in 2020 was special due to the ongoing SARS-CoV-2 pandemic, as the electoral process took place in several unusual stages. The first stage was based on the assumption that a standard electoral process would suffice to perform the election. In the second stage, an attempt was made to organise the election by postal voting. The third stage resulted from the failure to hold the vote on the originally scheduled date (10 May 2020). The fourth stage was to hold the electoral process on a new date (28 June 2020). The extraordinary circumstances under which the election took place revealed previously unknown aspects in the application of the law. The paper aims at describing different stages of the process as well as identifying legal problems that were exposed during the elections. The systematics of the article is based on a chronology of events.
5
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Glosa do postanowienia Naczelnego Sądu Administracyjnego z 27 stycznia 2020 r., sygn. akt I OSK 1917/18

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Dobrowolski M.
Przegląd Sejmowy
|
2020
|
issue 2(157)
190–200
EN
With its decision ref. No. I OSK 1917/18, the Supreme Administrative Court dismissed the motion for exclusion of a judge on the basis of the defectiveness of the appointment of the “new” National Council of the Judiciary. The Court pointed out that the reasons for a motion are decided by the circumstances of a “speci c case”, and not its “general nature” and referred to the traditional, constitutionally justi ed signi cance of the President’s act of appointing a judge (a person authorized to adjudicate). An opposite decision would lead to far-reaching systemic consequences: (a) it would establish judicial oversight of the President’s discretio- nary acts, thus far inacceptable; (b) it would transfer the “burden of proof” (of a judge’s lack of impartiality) from the party requesting exclusion of a judge; (c) it would change the nature of the motion, which would become an instrument in the “battle” for the desired nominating procedure for a judge. Hence, it shall be stated that the formation of the system of the Na- tional Council of the Judiciary and the nominating procedure is of general nature and as a rule abstracts from the circumstances of a speci c case.
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