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THE LEGISLATOR'S RESPONSE TO THE JUDGMENTS WITH DELAYING CLAUSE, ISSUED BY THE CONSTITUTIONAL COURT'S IN 2008-2009 (Reakcja prawodawcy na wyroki Trybunalu Konstytucyjnego z klauzula odraczajaca wydane w latach 2008-2009)

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Esmund T.
Przegląd Sejmowy
|
2011
|
issue 1(102)
27-42
EN
Where the Tribunal decides that the normative act ceases to have effect after the day of the publication of the judicial decision confirming its non-conformity to the Constitution, ratified international agreement or statutes, it shall, in the judicial decision, determine the date the act shall cease to have effect (the so-called judgment with a delaying clause). The Constitutional Tribunal's judgments with a delaying clause impose on the legislator an obligation to immediately take appropriate steps to adjust the existing legal system to the constitutional standards determined by those judgments. The required modifications should be entered into force within the time limit specified in the operative part of the judgment. The author of the article provides a review of the legislative work in relation to the judgments with a delaying clause issued by the Constitutional Tribunal in the years 2008-2009. Apart from the detailed description of the results of the research, the article contains remarks and suggestions which - in the author's view - would improve the process of implementation of the judicial decisions. Legislative work concerning judicial decisions with a delaying clause is being undertaken immediately and there was no failure to respond as required by law. However, some irregularities have been noticed. Most of all, every second judgment with a delaying clause is executed after the date specified in the Tribunal's judgment. In extreme cases, the delay may exceed ten months. Despite the requirement for immediate restoration of constitutionality, in fact statutes executing judgments come into force close to the date of the specified delay. From time to time, sham actions take place resulting in the adoption of provisions similar to those already declared (in the judgment) to be unconstitutional. The system of monitoring of the progress of work on bills related to judgments with delaying clause requires improvement, and this task should be given priority at all stages of legislative process. One should also consider advisability of the adoption of legal provisions empowering the Tribunal to resolve doubts whether or not a given statute fully executes the judgment. The response of the lawmaking bodies to judgments with delaying clause sometimes does not correspond to expectations. Nevertheless, we should believe that it would have no considerable influence on the Tribunal concerning its future position about the rightness of the use of this instrument in relation to a particular case.
2
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Składanie oświadczenia o bezstronności i niezależności w postępowaniu o udzielenie za-mówienia publicznego

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Wrona T.
Kontrola Państwowa
|
2013
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vol. 58
|
issue 3 (350)
105-113
EN
In his article, the author discusses the issue of presenting a statement on objectivity and independence by an ordering manager, as set forth in Article 17 paragraph 2 of the Act – Public Procurement Law, in the context of the interpretation by the Public Procurement Office (UZP), commentary on the Act – Public Procurement Law, and judicature in the area.
3
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Definicja mobbingu w stosunkach pracy – wybrane zagadnienia

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Szewczyk H.
Kontrola Państwowa
|
2012
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vol. 57
|
issue 4(345)
119-130
EN
Mobbing, understood as persistent and long-lasting bullying of an employee, was defined in the labour law already in 2004. The Polish regulations explicitly condemn mobbing and provide legal means for protecting against it. In practice, however, it is extremely difficult to prove that mobbing has actually taken place. Referring to the doctrine and judicature, the author presents the definition of mobbing set out in the Polish regulations, focusing on these elements that have to take place in order to prove that an employer has actually behaved in this way; she also indicates what forms of employment it should be applied for. In her article, the author also pays attention to the need to reconsider changes in the binding regulations to make the fight against mobbing more effective.
4
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ORGANISATIONAL UNITS OF THE CENTRAL ADMINISTRATION WITHIN CIVIL SERVICE (Jednostki organizacyjne administracji centralnej objete zakresem dzialania sluzby cywilnej)

100%
Sarota A.
Kontrola Państwowa
|
2012
|
vol. 57
|
issue 2(343)
71-86
EN
The author analyses the notion of civil service with regard to a group of employees of the government administration (public officials) for whom a special law exists, set out in the Constitution. Due to the vagueness and diversity of terms used both in the Polish Constitution and in legal acts, there are disputes in the judicature and doctrine as for the scope of this law. These disputes are difficult to resolve also due to the multitude of organisational forms of public institutions. The article presents in detail problems related to this issue, and it focuses on system flaws that make it impossible to standardise the rights and responsibilities of officials, complicate the legal system and add to its inconsistency.
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