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W sprawie momentu wygaśnięcia mandatu posła, który w trakcie kadencji został mianowany na stanowisko ambasadora

100%
Gierach E.
Przegląd Sejmowy
|
2018
|
issue 5(148)
139–144
EN
The opinion refers to the moment of the expiry of a mandate of a Deputy nominated for the position of an ambassador during the term. The function of an ambassador is incompatible with the Deputy’s mandate on the basis of Article 103 para. 1 of the Constitution. Importantly, the prohibition does not refer to taking the function and its actual performance, but to the change of a legal status of a person vested with the function. As regards the offices listed in the provision, Article 247 para. 1 item 6 of the Electoral Code shall be applied, which is the legal basis for ex lege expiry of a Deputy’s mandate. Against Article 103 para. 1 of the Constitution thus understood and the provisions of the Electoral Code, it is essential to specify the moment of entrusting the function, i.e. acquiring the status of an ambassador.
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Opinia prawna w sprawie dopuszczalności członkostwa w komisjach sejmowych posła, który został członkiem Komisji do spraw usuwania skutków prawnych decyzji reprywatyzacyjnych dotyczących nieruchomości warszawskich, wydanych z naruszeniem prawa

100%
Chybalski P.
Zeszyty Prawnicze BAS
|
2017
|
issue 3(55)
171-174
EN
After the analysis of the Standing Orders of the Sejm, it was found that because of the fact, that a Deputy elected to the Committee on Removal of Legal Consequences of Illegal Reprivatisation Decisions concerning Real Estates in Warsaw begins to perform duties of a secretary of state, there exists a problem of incompatibility of this function with being a member of Sejm’s. Thus the Deputy appointed to this position loses ex lege his membership in the committees of the Sejm.
3
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Opinia prawna na temat możliwości sprawowania przez posła funkcji wiceprezesa Europejskiego Stowarzyszenia Rozwoju Obszarów Wiejskich i Odnowy Wsi ARGE

100%
Karolczak J. M.
Zeszyty Prawnicze BAS
|
2016
|
issue 3(51)
170-179
EN
A Deputy may perform the function of vice-president of the association established abroad, unless it combines some kind of broadly understood employment in government or local government institution, with the aim of being a representative of the province in this association. However, a Deputy cannot perform such a function, if that association is an entrepreneur and a municipal legal person is its member or if in the course of its economic activity the association uses state or municipal property. Deputies are obliged to inform the Marshal of the Sejm about his/her additional activities, and to disclose obtained remuneration in the Register of Interests. Such remuneration may affect the amount of a Deputy’s salary
4
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STATUS PRAWNY DEPUTOWANEGO DO PARLAMENTU EUROPEJSKIEGO WEDLE POLSKIEGO PRAWA

88%
KOPCIUCH K.
Polityka i Społeczeństwo
|
2013
|
issue 2(11)
40-53 (14)
EN
This article presents an analysis of legal regulations governing the status of a Member of the European Parliament. After analyzing the modes of election and the principles of Polish Electoral Law to Parliament, the article shows the position and privileges associated with the function of an MEP. The article contains an analysis of cases where a loss of a parliamentarian and the principle of incompatibility positions.
5
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Opinia prawna w sprawie statusu posła zatrudnionego na stanowisku sekretarza gminy

88%
Czarny P.
Zeszyty Prawnicze BAS
|
2016
|
issue 3(51)
149-156
EN
A person employed as secretary of the commune (county, province), who has been granted unpaid leave in connection with the assumption of a seat in parliament, is still subject to the statutory prohibition on the creation of, and membership in, political parties. Membership in a political party of a person who is in this situation, existing at the end of unpaid leave must be considered as the basis for the refusal to allow such a person to perform the duties for the position held and for recruitment to other equivalent position. If membership in a political party would expire before returning to his/her duties in the office of the commune, it could be by the employer as a basis for changing conditions employment (change in position), but there is no such necessity.
6
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Podział władzy w Konstytucji RP z 1997 roku. Analiza formalna

75%
Małajny R. M.
Przegląd Sejmowy
|
2017
|
issue 6(143)
97–123
EN
The author fi rst builds the theoretical framework of the principle of division of powers, which consists of the following standards: A. Division between the legal spheres of state activity. B. Separation of the state apparatus into the corresponding organ groups (minimum two) according to the division of spheres, C. Relations between these organs are based on the principle of independence and equality. D. Individual groups of organs mutually check each other, and the use of these checks will result in both a relative balance and cooperation between them. E. Each group of organs is mostly engaged in its own legal sphere of activity and has a relatively limited ability to intervene in the activities of other groups. Then, the author compares these canons to the relevant provisions of the Constitution of the Republic of Poland of 1997. As a result, he concludes that it is not possible to strictly separate the legislative and executive sphere of activity of the state and the complete exclusiveness of operation of an organ in its sphere. Moreover, it is not possible to perfectly balance the mutual infl uence of individual organs. The above listed canons of the division of powers thus function in the parliamentary system mainly as an ideal theoretical construction. Nevertheless, at least the essential part of them is provided.
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Wygaśnięcie mandatu parlamentarzysty unormowane w kodeksie wyborczym

63%
Poślednik M.
Przegląd Sejmowy
|
2014
|
issue 3(122)
107-134
EN
The article deals with the expiry of the mandate of a Member of Parliament (a Deputy or Senator) in relations to the “termination” of the mandate for reasons other than the end of the term of the Chamber in the statutorily prescribed date. The author describes the preconditions for the expiry of the MP’s mandate, specifi ed in Article 247 § 1 and § 2, Article 279 § 1 and § 2 of the Electoral Code. These preconditions are: the death of an MP; loss of eligibility or lack of it on the election day; deprivation of the mandate of a fi nal and valid decision of the Tribunal of State; waiver of the mandate; holding on the election day a position or function, which pursuant to the provisions of the Constitution or statutes is incompatible with the seat of an MP; appointment during the term for the position or assignment of functions which — pursuant to the provisions of the Constitution or statutes — is incompatible with the seat of deputy or senator, as well as being elected during the term of parliament to the offi ce of Member of the European Parliament.
8

Ryzyko braku zgodności w bankowości — compliance oraz instytucja whistleblowing

63%
Garncarek T.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2019
|
vol. 27
11-26
EN
Considerations of this article focus on the banking system in which the current problem is compliance risk with laws and regulations. It explains the basic concept of “compliance risk” as well as the fundamentals of the functioning of the compliance system, which are necessary for the the ensuing considerations. Over the last few years we have winessed a significant increase in new legal acts aimed at deepening the regulation of the financial system. This article analyzes existing legal acts, as well as the “soft law” regulations relating to the compliance sector, advancing a thesis on the necessity of constant supervision over the validity of binding regulations in relation to the development of the banking system. In the last part of the article attention was paid to one of the compliance measures, that is, the whistleblowing institution and the issue of reporting possible violations and protection of the person reporting those violations.
9
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Metaphysical and political freedom: overcoming the «conceptual abyss»

63%
Едуардович Г. В.
International Journal of Slavic Studies Transgressive, Pragmatic and Speculative Horizons of Popular Literature and Culture
|
2021
|
vol. 1
|
issue 3
74-84
EN
The article is devoted to the presentation of metaphysical ideas about the free will of the individual, hidden in political ideologies, through conceptual analysis and the thesaurus of analytical philosophy. In this paper, we analyze the extent to which the metaphysical postulates of the most famous ideological projects of modernism (communism, Nazism and liberalism) are compatible with modern theories of freedom in analytical metaphysics, and show their poor compatibility. At the same time, we have proposed an alternative to modern ideologies in the form of republicanism, which does not seem to have unsolvable metaphysical problems in its own definition of freedom. In this article we have demonstrated that the fundamental metaphysics of individual freedom is a legitimate criterion for assessing the relevance, validity and relevance of political ideologies, as it is not an abstract detached theorizing, but the founder of our ideas about the constitution of normative in terms of personal responsibility.
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