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THE POSSIBILITY OF REVIEW BY THE CONSTITUTIONAL TRIBUNAL OF THE LEGISLATURE'S DISCRETION OVER IMPLEMENTATION OF PROGRAM NORMS (Mozliwosc kontrolowania przez Trybunal Konstytucyjny swobody ustawodawcy w zakresie realizacji norm programowych)

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Florczak-Wator M.

Przegląd Sejmowy

2009

issue 4(93)

111-127

The authoress deals with admissibility and possibility of review by the Constitutional Tribunal of the legislature's discretion over defining social and economic goals and selecting the means for their achievement, as well as reconciling contradictions between different goals ensuing from the program norms of the constitution. On the level of the basic law, social and economic goals are formulated mostly as program norms. Public authorities, including parliament, are obliged to undertake actions aimed at their accomplishment. The power to define social and economic goals falls within the scope of regulatory discretion of the legislature. Statutory goals, however, cannot stand in contradiction to constitutional goals. A norm of a statute which defines - directly or indirectly - a social and economic goal, may be found unconstitutional if the achievement of a goal defined by it prevent (or considerably obstructs) the accomplishment of a goal defined by the program norm of the constitution. On the basis of empirical knowledge, the Constitutional Tribunal may also review usefulness of means selected by the legislature for the implementation of goals resulting from constitutional program norms. Unconstitutionality of these norms may be declared if it is evident that they do not lead to the achievement of goals defined by the program norm. In the selection of these means, the legislature is obliged to respect other constitutional norms, principles and values as well as formal aspects of a democratic state ruled by law. In the event that the selected means impose limitations on constitutional rights and freedoms, such means may be reviewed by the Constitutional Tribunal in a broader scope, i.e. from the point of view of the principle of usefulness, necessity and proportionality in stricto sensu. It is the legislature's responsibility to reconcile the contradiction between the goals defined by two program norms, and such contradiction occurs when the means for achievement of the goal defined by one of the norms obstruct or prevent from accomplishment of the goal defined by the second norm. The Constitutional Tribunal has the power to review the way in which the legislature exercises this responsibility.

PARLIAMENTARY ELECTION OF JUNE 1989 (Wybory parlamentarne - czerwiec 1989)

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Sokala A.

Przegląd Sejmowy

2009

issue 3(92)

47-59

In 1988, many important events took place in Poland. The waves of strikes rocked the country in the spring and the summer. As a consequence of economic difficulties, without any prospect for recovery, public feeling deteriorated. In the opinion of the then government, negotiations with the still banned 'Solidarity' movement could have improved the situation. In February 1989, the negotiations concerning political and economic reforms of the country, called the “Round-Table Talks”, were initiated between the ruling (i.e. the coalition and government) and the opposition (i.e. the opposition and Solidarity) camps. In result of these talks, the government agreed to relegalize Solidarity trade union and allow the opposition to be represented in parliament. All seats in the newly-created Senate were to be elected democratically, as were 35 percent of the total in the Sejm. The remaining 65% of the seats were reserved for the representatives of the ruling bloc. The election, held in two rounds on 4 and 18 June 1989, brought victory to Solidarity which gained all (161) seats available to non-party candidates and dominated the Senate (winning 99 out of all 100 seats). The government's defeat was the more painful as it failed to win seats for its leading politicians entered in the national list of candidates. The June election, even if only partly free and democratic, marks a turning point in modern Polish history. As a consequence, the existing system of the exercise of power collapsed and was replaced by a new system in which opposition took part. In September, a new government headed by Tadeusz Mazowiecki, the first non-Communist prime minister in the Central and Eastern European countries, was formed. This fact started an inexorable transformation of Polish political, social and economic systems.

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2 Przegląd Sejmowy

1 Florczak-Wator M.

1 Sokala A.

2 2009

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THE POSSIBILITY OF REVIEW BY THE CONSTITUTIONAL TRIBUNAL OF THE LEGISLATURE'S DISCRETION OVER IMPLEMENTATION OF PROGRAM NORMS (Mozliwosc kontrolowania przez Trybunal Konstytucyjny swobody ustawodawcy w zakresie realizacji norm programowych)

PARLIAMENTARY ELECTION OF JUNE 1989 (Wybory parlamentarne - czerwiec 1989)