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SYSTEM OF GOVERNMENT UNDER THE ROUND-TABLE AGREEMENTS (Ustrój panstwa w porozumieniach Okraglego Stolu)

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Dobrowolski M.
Przegląd Sejmowy
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2009
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issue 3(92)
EN
The article provides an analysis of the system of government during the period of its transformation from 'the state of Communist nomenclature' to 'the state of civil society'. The most important elements of this process included: legalization of Solidarity trade union and establishment of new organs: President of the Republic (an office with wide powers, held at that time by Wojciech Jaruzelski) and the Senate (to be elected in free election), as well as the so-called 'contractual' election of deputies to the Sejm (65% of all seats reserved to the regime parties and the remaining 35% to be chosen in free election). Looking from the perspective of today, we may say that the system of government adopted in the Round-Table agreement provided some 'cracks' (through which the changes could be forced), but also particular measures to prevent the evolution from being excessively fast. These measures did not only protect the socialist system of the state, but first of all they were aimed at protection of those political groups and persons which were in power in that system. The analysis made by the author shows the existence of a peculiar negotiation philosophy used to solve political disputes and legal problems (manifested, in particular, in the course of modification of electoral law between the first and the second round of the election of June 1989). One may, however, wonder whether this philosophy has subsequently resulted in the practice that the decisions of highest importance for the state and the people are held in secret? This question is justified by the Rywin affair. If such a practice really took place, this could mean that public debates on the state policy guidelines would be only a surface reality, and actual decision-making process would be taken behind closed doors.
2
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PARLIAMENTARY ELECTION OF JUNE 1989 (Wybory parlamentarne - czerwiec 1989)

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Sokala A.
Przegląd Sejmowy
|
2009
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issue 3(92)
47-59
EN
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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ÚSTAVNÁ LEGISLATÍVA A OTVORENÉ PROBLÉMY

100%
Nikodým D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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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.
4
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THE SEJM OF THE REPUBLIC OF POLAND AND THE REPERESENTATION OF INTERESTS (Sejm Rzeczypospolitej Polskiej a reprezentacja interesów)

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Labno A.
Przegląd Sejmowy
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2009
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issue 3(92)
101-120
EN
The Sejm of today should be seen in connection with the entire system of representation of interests, where parliamentary representation is only one of the platforms in which different interests are manifested. Poland should adopt solutions to organize her system of governance and system of organization of public interests in a way enabling her to protect the interests of the state and its people in the globalised world. The perception of the Sejm, in the context of the emergence of extra-parliamentary forms of representation of interests, seems to be of utmost importance for parliamentarism in Poland. What is at issue is the political and organizational ability of the Sejm to discourse with the most widely comprehended representation of public interests, performed either by the political parties and corporations, or by lobbyists. It determines, on the one hand, the cohesion of the system of governance, and on the other - its ability to claim public legitimacy. Due to its lawmaking function, the Sejm should be treated as an organ in which the activities reflecting different interests of various elements of the society are concentrated. This means, as a consequence, that it has to gather together all forms of representation of interests, since this is now the most important issue for the development of Polish parliamentarism. The system of representation of interests and the system of governance must be perceived as a combination of an organized civil society (with a well-developed system of representation of interests) and an effectively functioning representation within the system of governance (in particular, the Sejm). In Poland, participatory democracy is particularly desirable, mostly because of the weakness of her parliamentary system and a definitely negative view of parliament expressed in public opinion polls. A multitude of newly created systems of representation of interests would contribute to effective protection of interests and promote the legitimacy of governance. To this end, above all, the instruments of lobbying and corporativism. The Treaty of Lisbon, giving the opportunity to find proper solutions for strengthening the position and function of the Sejm within the system of governance, forces changes which should enable Poland to contribute effectively in the lawmaking process. Increase of powers of European Parliament in that area results in the need for greater symmetry of power in Polish solutions. The task of Poland's effective involvement in the system of the European Union may be accomplished by establishing of mew mechanisms of operation of the Sejm (and the Senate) to be supported by activities of institutions representing interests. The recognition of the liability of the state for legislative unlawfulness places the sejm in a new position in relation to the sovereign. The case of claiming damages for 'legislative nonfeasance' is of special significance in this respect. However, its application may be limited.
5
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INSTITUTIONAL MODEL OF 1989: A RECONSTRUCTION ATTEMPT (Model instytucjonalny 1989 - próba rekonstrukcji)

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Matyja R.
Przegląd Sejmowy
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2009
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issue 3(92)
61-76
EN
The institutional model designed in the course of Round-table talks should be examined, above all, from the point of view of cognitive horizons of its authors, and not that of the later course of events; particularly because of the very short period of its application (from the end of the debates in April to the appointment of Mazowiecki's Cabinet in September 1989). The basic assumption of the model was retaining control by the ruling party and providing stability in the division between the ruling bloc and opposition, supported by measures determining political results of elections, non-existent in modern democracies. An important factor in the construction of an institutional model by the sides of the Round Table talks is the way in which they have overcome a 'confidence deficit' that prevents a universally recognized order from being built. This requires both reference to political vision of the sides of conflict, and to the manners of distribution of confidence in the very process of negotiation of the model, based on the acceptance of trade union and political pluralism and, thereby, the departure from the underlying principle of the Polish People's Republic, i.e. the principle of non-competitive exercise of power. The causative mechanism was based on wrongly (from the point of view of the government) negotiated electoral law and on the overestimation of the scope of control of their own candidates for deputies to the Sejm. In spite of that fact, in long-term perspective, it provided better position to the authorities of the Polish People's Republic and their powerbase than that available to post-Communist forces in other members of the Soviet bloc. Moreover, it contributed to strengthening of the elements of continuity in the systems of government in the Polish People's republic and the Third Republic of Poland.
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PŘEDSEDNICTVO ÚV KSČ V OBDOBÍ POVÁLEČNÉ VÝSTAVBY STRANY DO PARLAMENTNÍCH VOLEB V ROCE 19461

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Bureš Jan J.
|
2022
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vol. 70
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issue 2
271 – 303
EN
In this study we deal mainly with the role of the central bodies of the leadership of the Communist Party of Czechoslovakia, namely the Bureau of the Central Committee and its Secretariat, in the period from the liberation of Czechoslovakia in May 1945 to the parliamentary elections in May 1946. The presidency of the Communist Party was the highest level of a branched network of party organizations, for which it issued basic political lines and general instructions, which were subsequently developed by the Secretariat of the Central Committee of the Communist Party. Both of these organs were relatively small, and after the first phase of their formation after the war, they quickly stabilized in terms of personnel. The Communist Party continued to be governed strongly autocratically after the war. All power was concentrated in their hands by a narrow circle of members of the Presidium of the Central Committee of the party with the dominant position of Chairman Gottwald, whose decisions were implemented by the Secretariat, autocratically controlled by R. Slánský. In the period under review, both bodies focused mainly on key issues of political development and the resulting party strategy. It was mainly about solving the organizational construction of the party, the mass influx of new members, key issues of propaganda and influencing the media, solving the complicated Slovak issue, the establishment of the Provisional National Assembly in 1945, and the preparation and conduct of VIII. Congress of the Communist Party and the election campaign.
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