Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 40

first rewind previous Page / 2 next fast forward last

Search results

Search:
in the keywords:  LEGISLATION
help Sort By:

help Limit search:
first rewind previous Page / 2 next fast forward last
1
Content available remote

GUIDELINES FOR FUTURE OF PRINCIPLES OF LAW MAKING AND PROMULGATION

100%
Wierczynski G.
Przegląd Sejmowy
|
2008
|
issue 3(86)
135-151
EN
In Poland, proposals have recently been made to adopt a statute on law making and, at the same time work is under way to regulate official promulgation of normative acts in electronic format. In the future, these issues could be regulated by a single statute, concerning both law making and promulgation of law. In its part concerning law making, a new statute should contain only those issues which may, and should, be regulated uniformly for all instances of lawmaking. These issues include above all: principles of making access to information about ongoing legislative work, obligation to respect lawmaking techniques and authorizing their adoption by means of a regulation, as well as the principles of preparation of justification of drafted normative acts, including in particular an assessment of consequences of such regulations. Another important part of a new act should be provisions on official promulgation of legal acts and making access to information about those acts. The current act of 20 July 2000 on promulgation of normative acts and some other legal acts is a relatively new legislation, therefore many its provisions can be maintained in the new act, provided that appropriate amendments are made to them. Only regulations concerning promulgation of legal acts in an electronic format would require far reaching changes. In the final part, the author formulates a proposal to combine the Legislative Council, the Governmental Centre for Legislation and codifying committees within one entity responsible for edition and promulgation of legal acts created on the national level.
2
Content available remote

STATUS OF LEGISLATIVE DRAFTING. THE PROFFESION OF DRAFTER (Status legislatora w organach wladzy publicznej. Zawod legislator)

100%
Ilowiecki R.
Przegląd Sejmowy
|
2010
|
issue 6(101)
27-48
EN
The article deals with the role of legislative drafter, his legal status, as well as rights and duties. In this context, it provides a review of origins of Polish law relating to State officials and, particularly, laws concerning employees of State offices and civil service, as well as implementing acts adopted on the basis thereof. The author also discusses the issue of separation of legislative drafting as a profession consisting in provision of legal assistance in the course of preparation and consideration of a legislative proposal. He presents an analysis based on the results of surveys conducted by him among scholars and legislative drafters working for government and parliamentary institutions as well as representatives of selected lawyers' professional corporations. Moreover, the article provides a review of the evolution of the status of legislative drafter in Poland and a brief overview of legal regulations existing in this area in the selected European states. Ethical dilemmas in the practice of legislative drafting are also discussed.
3

Political Institutionalization of ethnic Minorities in Poland after 1989

100%
Budyta-Budzynska M.
Studia Polityczne (Political Studies)
|
2004
|
issue 15
7-45
EN
The article compares laws on ethnic minorities recently introduced in Poland with those existing in other countries in Europe and with international regulations in that field. The authoress discusses the questions how much the Polish regulations reflect the spirit of the time and of the region and to what extend they are related to the other elements of the Polish political system as well as to the historical and cultural environment. In July 2000 Poland ratified the Framework Convention for the Protection of National Minorities. It should be also mentioned that provisions concerning rights of minorities in the sphere of education, the state radio and television programs as well as in the electoral law are included in bilateral treaties concluded with all Poland's neighbors. Although such a state of affairs is provisional one, in the authoress' opinion it is the first step in right direction. Regretfully, even a personal engagement and support of Jacek Kuron, legendary co-founder of 'Solidarity' Trade Union and for many years the chairman of the Parliamentary Commission for National and Ethnic Minorities, could not convince the Polish Parliament to pass the general law regulating institutional rights of minorities in Poland, what illustrates how difficult that problem remains for the Polish authorities. Now, when Kuron has left the political scene, and the government battles with the budget deficit, the new legislation in that field does not seem to be the governmental priority.
4
Content available remote

CURRENT LAWMAKING DILEMMAS OF THE EXECUTIVE IN THE FRG (Wspólczesne dylematy prawotwórstwa egzekutywy RFN)

80%
Dzialocha K., Skwara B.
Przegląd Sejmowy
|
2009
|
issue 6(95)
EN
In the FRG, statutory instruments implementing Community law are issued, each time, on the basis of a delegation by a law, which however does not satisfy the requirements specified in Article 80(1), second sentence, of the Basic Law. They do not indicate a concrete act of Community law, but only give authorization to implement abstractly defined EC directives or regulations. Any restriction of the scope of such authorization ensues only from the purpose of the authorizing law. The argument for unconstitutionality of such authorizations is the lack of determination of the content of statutory instrument issued on their basis, the argument for their constitutionality is provided by a joint interpretation of Article 80 and Article 23 of the Basic Law. These authorizations are the response to the decision of the sovereign of the FRG to accede to the Communities and the European Union. They are justified, on the grounds of legal dogma, by the accomplishment of the principles of democracy, perceived from the perspective of the European system of constitutional law which constitutes a coherent system combining national law and European law. Nevertheless, they do not perform the basic function of statutory delegation (authorization by a law) to issue a statutory instrument in order to compensate democratic deficit which is an attribute of the issuance of statutory instruments. There are two possible ways to solve this dilemma, First is to modify Article 80(1), second sentence. Second is to depart from the formula of general authorizations and replace them by specific authorizations which make it possible to implement, by way of a statutory instrument, a narrower scope of Community law, limited to a chapter of a law in which such specific authorization was regulated. Arguments for the second solution include failure of all attempts to amend Article 80(1) second sentence, and the fact that the determination of the content of a statutory instrument by an authorization by a law results, above all, from the constitutional principles of the state ruled by law, democracy and separation of powers.
5
Content available remote

BETTER REGULATION AND REGULATORY QUALITY: THE CASE OF RIA IN SLOVAKIA

80%
Staronova K.
Sociológia (Sociology)
|
2009
|
vol. 41
|
issue 3
247-264
EN
Regulatory reforms in Europe and OECD countries in the last decade have focused on various tools that would improve 'regulatory quality'. Regulatory impact assessment (RIA) is considered to be a tool that assists the decision-makers to make choice by systematic appraisal of the potential effects (fiscal, social, economic and other) to proposed legislation. Slovakia, together with other newly accessed countries adopted this tool in the year 2001, however, there is no systematic available research that would discuss the level of implementation and quality of the information in the regulatory impact assessments conducted in these countries. This article deals with the quality of information contained in regulatory impact assessments conducted in Slovakia.
6
Content available remote

CONSTITUTIONALITY OF LEGISLATIVE ACTS IN THE JURISPRUDENCE OF COURTS UNDER THE SECOND REPUBLIC OF POLAND (Konstytucyjnosc aktów ustawodawczych w judykaturze II Rzeczypospolitej)

80%
Jastrzebski R.
Przegląd Sejmowy
|
2010
|
issue 2(97)
75-97
EN
The article deals with Poland's constitutional practice in the period of the Second Republic and, particularly, the constitutionality of legislative acts, including statutes, decrees and regulations of the President of the Republic having the force of statute. Firstly, the then existing three systems of examination of conformity of statutes with the constitution are discussed, including: 1) the US system (judicial review); 2) the system based on establishing a special court, in accordance with Kelsen's concepts of authority; 3) the system of Parliament's dominance which excludes the judicial review. The latter, which prevailed at the time in Europe, was based on the model of government of the Third French Republic. The Polish constitutional practice also applied it, particularly in the Constitution of 17 March 1921 and the Constitutional Act of 23 April 1935. Therefore, Polish constitutional law prohibited judicial examination of conformity of legislative acts with the basic law. The jurisprudence of courts, including that of the Supreme Court and the Supreme Administrative Court, was not consistent, mostly in respect of the examination of constitutionality of the regulations issued by the President of the Republic. In this context, it should be pointed out the regulations concerning the currency reform and those which followed the 1926 Amendment of the Constitution of 1921. As concerns the latter, the courts conclusively supported the prohibition of judicial review of constitutionality of those regulations..
7

ÚSTAVNÁ LEGISLATÍVA A OTVORENÉ PROBLÉMY

80%
Nikodým D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 6
555 – 562
EN
The author points to some open problems of constitutional legislation and focuses on novels which are breaking the Constitution in that way that they have no support in the Constitution, further on novels which are infringing the material core of the Constitution and those which disturb compatibility of constitutional order and dominant position of the Constitution. He concludes by de lege constitutione proposals.
8

PRÁVNA REGULÁCIA VÝKLADU PRÁVA

80%
Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2023
|
vol. 106
|
issue 5
375 – 391
EN
Interpretation of law is partially regulated by law. In Central Europe there are norms regulating the interpretation scattered in the introductory parts of codexes. In Anglo-Saxon tradition there are special law interpretation acts. There are conceptual differences in the regulation of law interpretation between these legal cultures. There is internal tension between legal regulation of law interpretation and its character of creative intellectual activity. Due to this tension the interpretation of law has to be interpreted restrictively. It binds only interpretation in the framework of the process of realisation of law but not the so called doctrinal interpretation.
9

FREEDOM OF MOVEMENT IN POLISH LEGISLATION (Sloboda pohybu a pobytu v polskom prave)

80%
Chmielewski G.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
|
vol. 94
|
issue 2
115-130
EN
The author of this contribution tried to outline problems with freedom of movement. At the beginning it presents definition of freedom of movement and history of law related to freedom of movement in Poland. Then there are presents current legislation in Poland (with judicature Constitutional Court and administrative courts) and in the European Union.
10

PREZIDENT REPUBLIKY A ZÁKONODÁRSTVÍ V ČR

80%
Koudelka Z.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 3
227 – 236
EN
The president of the republic is not only the authority of executive power, whose competence is executive completely. As the head of the state he intervenes in the legislative power, where he has significant rights. The most important right is the right of veto, which is by the Constitution regulated as a suspensive, but toward the end of electoral term of the House of Deputies it usually becomes the absolute veto. There is a serious fault in the Contitution – the Constitution doesn’t solve the creation of acts, including constitutional acts, during serious threat to state, especially during the war. The example of president’s Beneš decrees proves that during the occupation of the state territory it is impossible to guarantee working Parlament as a great collective authority. The state continuity, including legislative and constitutional competence, is performed by the head of the state, although the Constitution doesn’t know such a competence.
11
Content available remote

CONCLUSION OF AGREEMENTS AND ADOPTION OF STATUTES REFERRED TO IN ARTICLE 25(5) OF POLAND'S CONSTITUTION (Zawieranie umow i uchwalanie ustaw, o ktorych mowa w art. 25 ust. 5 Konstytucji RP)

80%
Olszowka M.
Przegląd Sejmowy
|
2010
|
issue 6(101)
49-67
EN
The Constitution of the Republic of Poland of 2 April establishes in Article 25 (4) and (5) the model of bilateral (i.e. individual and wholly consensual) shaping of relations between the State and churches). Article 25(5) provides that the relations between the State and non-Catholic denominations are determined by statutes adopted pursuant to agreements concluded between their appropriate representatives and the government. In the author's view, the constitutional legislator intentionally refers to a private- law instrument of agreement which is inherently linked to some principles, including autonomy of will and freedom of contract. Consequently, parties are not required to negotiate and to conclude an agreement. An agreement does not constitute a source of universally binding law, but is only an obligatory element of the pre-legislative procedure which confirms that partial competence to create norms is conferred on religious denominations. The agreement provides a basis for a statute concerning relations with a religious organization, however both act does not have to be identical. The Constitution does not contain any substantial restrictions concerning the right to initiate legislation. Based on the requirement for any such statute to be adopted following the conclusion of an agreement, the author claims that the Sejm and the Senate may modify the content of ‘denomination' statute with the consent of a religious organization (differences of the legislative procedure). Withdrawal of consent by the latter (inadmissibility of an amendment) is allowed with some restrictions. The same procedure is applied to amend a particular law. Adoption of a number of statutes concerning one religious organization is allowed, as well as adoption of one statute concerning a number of religious organizations. The lack of detailed provisions in the rules of procedure of both chambers of parliament does not prevent the ‘denomination' statute from being adopted. This is the consequence of the principle of direct effect of the Constitution.
12

Freedom, Legislation and Mutual Constraint: Intersubjective Character of the Concept of Freedom in Kant

80%
Kloc-Konkolowicz J.
Przegląd Filozoficzny. Nowa Seria
|
2004
|
vol. 13
|
issue 4(52)
213-226
EN
The main objective of the paper is to examine relations between three Kantian ideas: freedom, law and constraint, as they have been presented in the 'Foundations of Metaphysics of Morals'. The author argues that the close relationship between the three ideas testifies to a deeply social nature of Kant's philosophy. The possibility of mutual and universal constraint is crucial to the understanding of external freedom, whereas the possibility of self-constraint is fundamental to the understanding of inner freedom. Mutual constraint manifests itself as the negative side of the mutual acknowledgement of everyone's freedom. Coordination of freedoms is a liberal, but not a libertarian, concept; one's aim must not be a moral perfection of the others, but their happiness, in so far as it does not interfere with the moral law .
13

GOVERNMENT COUNCIL OF THE SSR FOR NATIONALITIES AND ELABORATION OF THE ACT ON THE STATUS OF NATIONALITIES IN THE SLOVAK SOCIALIST REPUBLIC IN 1969 – 1970

80%
Šutajová J.
Človek a spoločnosť. Internetový časopis pre pôvodné teoretické a výskumné štúdie z oblasti spoločenských vied
|
2021
|
vol. 24
|
issue 2
52 - 66
EN
The aim of the paper is to analyze the activities of the Government Council of the SSR for Nationalities in the years 1969-1970 in the preparation of a bill on the status of nationalities in the Slovak Socialist Republic and the changes that occurred in the Council at the beginning of the normalization process. These changes also affected the preparation of the draft law on the status of nationalities in the SSR and led to the resignation of the Council for the preparation of legislative norms, which were to further develop the constitutional law on the status of nationalities in the SSR. The Government Council of the SSR for Nationalities was one of the institutions formed in Slovakia after the establishment of the Czechoslovak Federation that addressed the issues of nationality. The Council also elaborated the standards for the Constitutional Act on the Status of Nationalities.
14
Content available remote

THE FUNCTIONING OF THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2 APRIL 1997

80%
Sarnecki P.
Przegląd Sejmowy
|
2007
|
issue 4(81)
33-47
EN
Poland's Constitution of 2 April 1997 is a result of fundamental transformations of Poland's political system, initiated probably in April - September 1989 and manifested in numerous legislative acts in the years 1989-1997. During these 8 years several constitutional acts were temporarily in force, Poland ratified the European Convention on the Protection of Human Rights and Fundamental Freedoms and other significant conventions, many important laws were adopted and the political practice typical of modern democracies was established. In this context, the new constitution has rather incorporated those transformations that have proved to be effective, with only slight corrections, and not departed from the practice of the preceding 8 years. Nevertheless, the Constitution of the Republic of Poland, as a comprehensive legal act, reveals its current role of an act of the highest rank in the hierarchy of legal acts. The article provides an analysis of such influence on many levels corresponding to its formal structure and, particularly, its division into chapters. Such influence usually implements constitutional principles and values, which is particularly confirmed by the content of legislation and jurisprudence of the Constitutional Tribunal and other courts. However, in the author's opinion, it has also some defects. Among such defects are, above all, the lack of independence of public prosecutors from the government administration and the practice of frequent reconstructions of the composition of the Council of Ministers performed in fact by the Prime Minister, with only formal participation of the President of the Republic and without approval from parliament. This raises doubts whether we can really speak about the functioning of the government enjoying the confidence of parliament (its lower chamber), as provided for by the Constitution.
15
Content available remote

LEGISLATIVE POLICY GUIDELINES ON THE CHOICE OF LEGAL SANCTIONS (Wytyczne polityki legislacyjnej w zakresie doboru sankcji prawnych)

80%
Kruk E.
Przegląd Sejmowy
|
2010
|
issue 2(97)
53-73
EN
The political discretion of parliament includes the choice of the most appropriate legislative option. However, this does not change the fact that this regulatory discretion of the legislative is relative, as its scope is limited by constitutional standards of a democratic state ruled by law. Under these standards, the choice of legal instruments of exerting influence requires the following: earlier specification of regulation's objectives and examination of their conformity with the system of values accepted by the lawgiver, the social policy pursued and the existing legal order; assessment of the probability of accomplishment of the defined goals with the use of available measures; peculiar calculation of 'effectiveness', made by comparison of the value of an expected effect with all the 'costs' of obtaining and maintenance thereof (e.g. expenses relating to the enforcement of observance of particular legal regulations or consequences in the sphere of social relations). The author concludes that it is rather not possible to create universal principles of optimization of lawmaking decisions. This results, above all, from the rapid pace of social change and the multitude of applicable solutions and measures which are at the disposal of the lawgiver.
16

POZNATKY Z ROZHODOVACEJ ČINNOSTI SÚDOV V SOCIÁLNYCH VECIACH

80%
Závadská E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 1
57 – 65
EN
The text should highlight the problems of application practice of the courts but also of the administrative authorities in social insurance and security in the aplication of the new legislation and contribute to remedy the deficiencies, where the application practice doesn´t require amendment of the legislation, as well as draw attention to the fields, in which adoption of a new legislation would be helpful.
17

CURRENT LEGISLATION ON CRIMES OF NEGATION IN THE SLOVAK REPUBLIC AND CERTAIN OBJECTIONS TO IT (Sucasna pravna uprava popieracich trestnych cinov v Slovenskej republike a niektore vyhrady voci nej)

70%
Jurasek D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
|
vol. 94
|
issue 3
170-182
EN
The author deals with the legislation on crimes of negation in the Slovak Republic in the context of its most recent amendment from the year 2009 and raises certain objections to it. In the first part of the article the author analyses the currently valid legislation: definition of crimes falling under the prohibition of negation, forms of negation, and conditions of the negation for the individual forms of negation, penal rates, and briefly touches upon international documents on which the Slovak legislation is based. In the second part the author points out that the current legislation probably does not meet the principle of legality, is apparently redundant, its influence on suppression of extremism and crime is at least disputable and has further technical deficiencies, which casts doubts on it. Finally he summarised the findings and expresses the belief that adoption of the existing legislation was affected by political rather than professional factors.
18

REGULATION OF STATE SYMBOLS IN THE SLOVAK REPUBLIC (Pravna uprava statnych symbolov v Slovenskej republike)

70%
Kuklis P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 4
319-329
EN
State symbols are an organic part of formal symbols of statehood. They are an external manifestation of the State, an expression of its sovereignty, independency and integrity. From the view of the science of constitutional law different approaches to the definition of the term of state symbols are applied. The State symbols are subject of the regulation of supreme power, i.e. of the constitutional law. The Constitution of the Slovak Republic in Article 8 provides that State symbols of the Slovak Republic are national emblem, national flag, national seal and national anthem. The legislation stipulating the details on State symbols of the Slovak Republic and their use is the Act No 63/1993 Coll. on State symbols of the Slovak Republic and their use, as amended. The use of State symbols is also regulated by other legislation. The violation of the legislation regulating the State symbols is sanctioned in several ways. The State symbols are closely related to the symbols of other subjects of public power. The recent trends in the creation of national States, the ambivalent approach to the efforts at 'federalization' of the European Union and the intuitive understanding of State symbols as an expression of the idea of the State prove the irreplaceable function of State symbols in the existence of the State and society. State symbols, particularly at the time of creation of new States and at the beginning of their existence, contributed - together with renewed or new-created symbols of other public authorities - to the renaissance of civil society.
19

LEGISLATÍVNE PRAVIDLÁ A ICH OCHRANA

70%
Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2020
|
vol. 103
|
issue 5
343 – 356
EN
Following the unprecedented pace of the adoption of laws since the beginning of 2020, the paper focuses on the protection of legislative rules in the legislative activity of the National Council of the Slovak Republic. It defines their internal protection, ie the National Council of the Slovak Republic itself and their external protection by the President of the Slovak Republic and the Constitutional Court of the Slovak Republic.
20

LEGISLATÍVNA KULTÚRA

70%
Svák J., Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
|
vol. 101
|
issue 4
345 – 360
EN
In legislation it will be necessary to always search for an optimal articulation of scientific requirements for rational law-making, reflecting the current social needs of society (law-making as a social process), institutional level of the legislative process (legal regulation of organization and management of the legislative process) and legislative-technical aspects of legislative work (requirements for legislative language and qualitative legislative-technical expression of objective plans) with law-making as a political process (forming of the political will in the legislative process, interaction of individual components of the political system in the legislative process, democratization of the legislative process). However, at the same time it is impossible to abstract from non-legal aspects or dimensions of legislation. Legislation is not only a mechanical creation of legal regulations. It has several dimensions. We must not forget its artisanal foundation, refuse its artistic dimension and reduce it to a „computer“ processing of a draft legal regulation.
first rewind previous Page / 2 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.