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Aspekty prawno-organizacyjne funkcjonowania odpowiednika Naczelnego Dowódcy w systemie kierowania bezpieczeństwem narodowym Republiki Federalnej Niemiec

100%
Kołodziejczak M. E.
Przegląd Zachodni
|
2020
|
issue 2 (375)
111-124
EN
The article presents the conditions and regulations regarding the functioning of the equivalent of the Commander-in-Chief in Germany in the context of the national security management system. The purpose of the article is to characterize the conditions resulting from legal acts, strategic documents and practice (custom) in force in Germany as regards the functioning of the equivalent of the Commander-in-Chief. The main problem is included in the question: What are the legal and organizational conditions for the functioning of the equivalent of the Commander-in-Chief in Germany? It seems that the experience and legal bases in force in the Federal Republic of Germany clearly indicate the tasks and competences, as well as the organizational subordination of the equivalent of the Commander-in-Chief of the Armed Forces.
2
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Stan konieczności ustawodawczej — niemiecka osobliwość czy potencjalne źródło inspiracji recepcyjnej?

100%
Pach M.
Przegląd Sejmowy
|
2013
|
issue 6(119)
75-92
EN
The state of legislative emergency (Gesetzgebungsnotstand) is a legal instrument specifi ed in Article 81 of German Basic Law of 1949, which has no equivalent in the constitutions of other countries. It provides a minority government with a means of implementing its legislative program, even against the will of the majority of the Members of the Bundestag. In order to use this instrument, however, the government is required to get support from the Bundesrat and the Federal President. The article contains an extensive analysis of Article 81 of the Basic Law and the discussion on the possibility reception thereof by the Polish Constitution. According to the author, this would be advisable, because its adoption would lead to reinforcement of — as far — too weak constitutional position of a minority government.
3
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Wpływ europejskich rozwiązań konstytucyjnych na unormowania Konstytucji RP z 1997 roku. Zagadnienia wybrane

59%
Grzybowski M.
Przegląd Sejmowy
|
2017
|
issue 6(143)
43–67
EN
The Constitution of the Republic of Poland of 1997 is one of the latest (apart from Albanian and Hungarian) constitutional acts adopted after the transformation of the 1990s. Its external inspirations were not uniform. As concerns the arrangement of regulations, it is modelled on the constitutions of: Italy of 1948, Greece of 1975, Portugal of 1976 and Spain of 1978. These solutions were also followed by the legislatures in other countries of the region. The following standard of arrangement was developed: general principles — freedoms and rights of the individual — central organs of the state — public fi nances — extraordinary measures — amending the constitution — transitional regulations. The regulations of individual freedom and rights were based (with some modifi cations) on the standards established in the Universal Declaration of Human and Civil Rights of December 1948 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. The constitutional legislator could also draw on the case law of the Commission on Human Rights and the European Court of Human Rights. Varied are the inspirations for adoption of the system of government. Given the party disintegration and the precariousness of preferences, it was imperative to stabilize the system. Regarding the election of the president of the Republic, the constitutional legislator copied the approach used in the Fifth Republic of France (after the 1962 amendment), that is the procedure of universal and direct elections, with extended term and exclusion of accountability to parliament. The solutions taken after the German Basic Law of 1949, such as (1) the parliamentary responsibility of the government limited to the collective one, (2) constructive vote of no confidence in place of an ordinary vote of no confi dence, (3) strong position of the head of government, contributed to ensuring the government stability. Some regulations deserve further consideration: the demarcation of roles in the dualistic executive, the dissonance between imposing performance targets on ministers by the prime minister and their individual responsibility, the defi nition of the Senate’s function and composition. The institution of revision of the constitution, known in Polish tradition, and not present in the Constitution of 1997, also deserves consideration.
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