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1

OPODSTATNENIE PROCESNEJ SPRAVODLIVOSTI

100%
Káčer M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue 5
333 – 344
EN
The fact of political and moral disagreement confirms that considerations of justice are often influenced by subjective preferences. However, the procedural concept of justice is to some extent immune to this subjectivism. Instead of a speculative question of what is justification and unjustification, proceduralism addresses the constructive question of how to establish legislative and judicial processes to maximize the chances of substantively just outcomes. This approach not only elaborates solid justification of a democratic rule of law; it also suggests a series of practical recommendations on how to improve the functioning of this form of government.
2
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INFLUENCE OF THE JURISPRUDENCE OF THE COSTITUTIONAL TRIBUNAL ON THE SHAPE OF PARLIAMENTARY LAW (Wplyw orzecznictwa Trybunalu Konstytucyjnego na ksztaltowanie sie prawa parlamentarnego)

88%
Karp J., Szymanek J.
Przegląd Sejmowy
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2009
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issue 4(93)
145-175
EN
The point of departure for the comments contained in the article is the assumption that the jurisdiction of the Constitutional Tribunal has mostly contributed to the formation of parliamentary law as a distinct discipline of constitutional law broadly meant. The subject of analysis of parliamentary law includes matters concerning both the structure and organization of parliament, and detailed parliamentary procedures. Usually, parliamentary law is treated as part of constitutional law, which regulates organization, composition, functions and the rules of operation of a parliamentary assembly. It is also often called 'an internal law of parliament', to express that - above all - its main field of regulation includes the principles of the internal structure, organization and working procedures of parliament. In the broad meaning, parliamentary law covers: electoral law, legal status of a member of parliament, as well as the entire legislative process taking place both inside and outside parliament. In its narrow meaning, however, it concerns the structure, organization and parliamentary procedures. Despite the applied definition of parliamentary law, its basic point of interest is connected with matters of parliamentary organization, scope of powers and rules of procedure. The 'parliamentary' judgments made by the Constitutional Tribunal during its 20-year existence may be divided into several groups in accordance with their subject, as referred to parliamentary law narrowly understood. They include judgments falling into the field of: 1) autonomy of parliament; 2) mutual relations between both chambers of parliament; 3) the functions of parliament and ways of exercising them; 4) Sejm's internal rules of conduct. The review of main judgments concerning parliamentary matters clearly shows that the decisions of the Tribunal contributed considerably to a more precise specification of the constitutional provisions governing the position of the Sejm and the Senate within the system of government. Moreover, the jurisprudence of the Tribunal has resolved essential practical questions, e.g. the scope of admissible amendments proposed by the Deputies to the Sejm or by the Senate, or the rules defining the paths of the legislative process. This has had a clearly utilitarian dimension, including – in particular – that of praxeological nature and that which has also rationalized the sequentially complex and (often) only generally formulated parliamentary procedures. This comment does not mean that the achievements of the above-mentioned judicial body has not aroused controversy or even criticism, or that all matters appeared in the field of parliamentary law (broadly understood) have been addressed and definitively resolved. This does not mean the line of the jurisprudence of the Polish Constitutional Tribunal has always been constant. Just the opposite, the Tribunal has often modified its opinions, or – at least – provided different arguments for its findings. However, it has always taken a creative approach to parliamentary law, thereby contributing to its high status.
3

APLIKÁCIA INŠTITÚTU SKRÁTENÉHO LEGISLATÍVNEHO KONANIA V PROCESE TVORBY PRÁVA

75%
Podmanický J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 3
209 – 226
EN
An accelerated legislative procedure is a special institute in the legislative process. Its use is often criticized. Article deals with the theoretical analysis of an accelerated legislative procedure, and justify its position in the legislative process, its relationship to the principles of law. Particular attention is paid to current legislation shortened legislative proceedings in Slovak law, the statutory conditions of use and procedure for its application. The article analyzed using a practical application of an accelerated legislative process in the National Council of the Slovak Republic. A separate section deals with the determination of the Constitutional Court of the Slovak Republic from the perspective of the use of accelerated legislative procedures in the Slovak National Council. The conclusions are formulated some proposals that could eliminate several shortcomings and errors in the application of expedited legislative procedure in the legislative process.
4

HISTORICKÉ PREMISY A MANTINELY KODIFIKÁCIE OBČIANSKEHO PRÁVA HMOTNÉHO V UHORSKU

75%
Švecová A.
Studia Historica Nitriensia
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2021
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vol. 25
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issue 1
47 – 70
EN
Drafting and adopting the Hungarian Civil Code was the greatest challenge in the so-called Transleithanian area during the existence of the Austro-Hungarian Dual Monarchy. Despite the dilligent work of the main government body involved in the legislative works, the Ministry of Justice, the draft of the Civil Code (1900) was brought only for public discussion until the end of the 19th century. In the centre of the author's attention is a brief insight into the commencement of the codification process during the dualist era which started right after the Austro-Hungarian Compromise of 1867, by the decision of the Ministry of Justice to swiftly initiate the civil substantial law codification in 1869. The readers will get acquainted with the historical and processual side of the works on the Civil Code Draft of 1900 which, even after hundred years, is still an interesting object of studies for its originality, legal creativity, and European nature which reflected the fact that the Hungarian civilists and lawmakers were well-established in the European community of lawyers.
5

NIEKOĽKO ÚVAH O SÚČASNÝCH ŠTANDARDOCH TVORBY PRÁVA V POĽSKU

75%
Serowaniec M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 3
202 – 214
EN
For years, the Polish Parliament’s legislative process has been marked by numerous irregularities. These include too frequent changes in the legal status of laws, unfavourable treatment of public consultations and undue haste in the drafting of laws, all of which contribute to their poor quality. The situation in this area did not improve during the last parliamentary term. In many respects, the existing problems were exacerbated. As a result, there has been deterioration in the standards of the Polish law-making process. Parliament has been transformed into a law factory where anything can be the subject of production. Legislative procedures are often conducted under time pressure or late at night, with no opportunity for MPs or potential beneficiaries of the new law to familiarise themselves with draft legislation. The article aims to outline the cardinal sins committed by parliamentary majorities during the legislative process.
6
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Innowacyjne wielowymiarowe narzędzie oceny polityki zdrowotnej i polityki zdrowia publicznego – matryca ewaluacyjna HPA (Health Policy Assessment). Podstawy metodologiczne, opis narzędzia

63%
Wlodarczyk C., Kowalska I., Mokrzycka A.
Zdrowie Publiczne i Zarządzanie
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2010
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vol. 8
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issue 2
4-29
EN
Health policy as a process and as activities in the sphere of public responsibility may cause different evaluation problems but at the same time the proper and reliable assessment should be understood as the essential interest of the engaged stakeholders: government at different levels, payers, providers and patients as well. The paper concerns the problem of difficulties influencing the research focused on the health policy description aiming at the indication of the most important factors, effects, possible development dimensions that may significantly change the health system. The methodology in this case is also a complicated issue: quite often based on the instruments typical for social disciplines but not completely applicable for the presented subject. The paper describes the new innovative and universal tool for the purpose of the analysis aiming at reliable and comparable health policy assessment, it presents the stages and objectives of such evaluation and the perspectives of the HPA matrix development both for research and for didactic purposes.
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