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Ocena propozycji zmian przepisów art. 156 i art. 158 Kodeksu postępowania administracyjnego

100%
Szydło M.
Zeszyty Prawnicze BAS
|
2018
|
issue 2(58)
119-140
EN
Amendments of the Code of Administrative Proceedings, suggested in the assessed petition, introduce an exclusion of the possibility of declaring an administrative decision invalid, if the decision has been issued without legal basis or with a gross infringement of law, after 10 years from the day the decision has been delivered or published. The proposed solution consisting of an application of the limitation period set out in Article 156 para. 2 of the Code even to such decisions issued without legal basis or with the gross infringement of law which have not been a basis for acquiring a right or expectative of a right (wider than in the Constitutional Tribunal’s judgment, ref. no. P 46/13) – stays, in the author’s opinion, in accordance with Article 2 of Polish Constitution and it could be regarded as optimally balancing the principle of the rule of law, the principle of legal certainty and the principle of the protection of legitimate expectation. Moreover, the author claims that introducing the new Article 158 para. 3 of the Code, according to which a declaration a questioned decision as invalid due to its issue without legal basis or with a gross infringement of law of issue of a decision with an infringement of law shall constitute grounds for declaration of invalidity of a decision issued on the basis of the former one, is justified.
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Ocena petycji Andrzeja Halickiego w sprawie nowelizacji ustawy o petycjach w zakresie zamieszczania odpowiedzi na petycję na stronie internetowej podmiotu rozpatrującego petycję oraz zmiany terminu przekazania petycji podmiotowi właściwemu do jej rozpatrzenia

100%
Galińska-Rączy I.
Zeszyty Prawnicze BAS
|
2018
|
issue 3(59)
198-209
EN
In the author’s opinion the proposed amendments are reasonable and admissible as concerns a legislator’s discretion. Such amendment would lead to making proceedings with petitions more transparent and may eliminate an inconsistency between an obligation to publish a scan of a petition and the lack of such obligation regarding a reply to the petition. Moreover, the author supports reducing the deadline for transferring a petition to a competent entity, e.g. to 14 days.
3
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Rozpatrywanie petycji w Parlamencie Europejskim

100%
Fryźlewicz M.
Zeszyty Prawnicze BAS
|
2022
|
issue 1(73)
83-101
EN
The author discusses the procedure for submitting petitions to the European Parliament and the legal basis and practice of their examination. He presents the entities entitled to submit petitions, the admissible scope of petitions and the procedure for consideration by the Committee on Petitions of the European Parliament. He also analyses the subject matter of petitions to the EP processed in 2019 and the follow-up to them, their number and thematic scope.
4
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Powers of the Commissioner for Citizens’ Rights

100%
Kondej S.
Zeszyty Prawnicze BAS
|
2023
|
issue 2(78)
182-185
EN
The author presents the most important provisions regulating the activities of the Commissioner for Citizens’ Rights. He discusses the principles of the appointment of the Commissioner, as well as his duties and rights. The author also compares the various powers of the Commissioner with the possibilities granted to the citizens through the right to petition.
5
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Ocena petycji w sprawie zniesienia instytucji ubezwłasnowolnienia

100%
Dubowski R.
Zeszyty Prawnicze BAS
|
2020
|
issue 1(65)
113-125
EN
The petition under review concerns the proposal to abolish the institution of total and partial incapacitation, to introduce the institution of assistant care and the care with a concurrent representation. In the opinion of the author, the reform of the institution of legal incapacitation is required to fulfil international obligations. However, the solution proposed in the petition may insufficiently protect the interests of the protected person, his/her family, relatives and other legal entities. The author suggests that in some cases legislation should enable the possibility to apply substitution measures and, moreover, it is worth to consider introducing a mandatory periodic verification of the existence of the reasons for the use of a guardianship measure, in case of commencing activities on amending the relevant provisions.
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Opinia prawna na temat senackiego projektu ustawy o petycjach

100%
Florczak‑Wątor M.
Zeszyty Prawnicze BAS
|
2014
|
issue 2(42)
187-198
EN
The author of the opinion favours the Senate initiative to encompass the procedure for examination of petitions in a separate statute. The right to submit petitions, along with and the right to file proposals and complaints, are contained in the Article 63 of the Constitution. The author presents several arguments justifying the need for a comprehensive settlement of the procedure for examination of petitions in a manner separate from the procedure of handling complaints and requests regulated in the Code of Administrative Procedure. She also expresses reservations about the proposed bill, which concern the way in which the right of petition is regulated, and undue extended deadline for consideration of the petition. Moreover, she points out that the statutory list of the demands and rights to which a petition may concerns, should not be exhaustive.
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Na temat projektu uchwały Sejmu RP w sprawie zmiany regulaminu Sejmu Rzeczypospolitej Polskiej

80%
Gierach E.
Przegląd Sejmowy
|
2019
|
issue 2(151)
157–160
EN
The opinion refers to the draft resolution of the Sejm amending the Standing Orders of the Sejm of the Republic of Poland, stating that within six months of the beginning of a new term of the Sejm, the Petition Committee may re-submit a bill realizing the aim of a petition submitted in the previous term. In the context of the provisions in force, along with the termination of the term of a Sejm, bills serving the realization of the aim of a petition submitted by the Committee to the Marshal of the Sejm are subject to the principle of discontinuation. Since proceedings related to the consideration of a petition are formally terminated, there is no possibility to re-submit the bills of the former term to the Marshal of the Sejm. The reviewed draft does not raise legal reservations. The solution included therein shall allow to balance the protection of the rights of the petition’s author on the one hand, and protection of values, which the principle of discontinuation of parliamentary works serves, on the other hand.
8

The right of petition to the Parliament of the Federal Republic of Germany

80%
Wójcicka E.
Studia Prawnicze
|
2012
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issue 2 (191)
5-30
EN
Petitioning the Parliament in the Federal Republic of Germany is seen as one of the fundamental rights. The article provides an analysis of the right of petition specified expressly in Article 17 of the Basic Law for the Federal Republic of Germany which authorizes “everyone” to address written “requests” or “complaints” to “competent authorities” and to the “representation of the nation”. The right of petition is also provides all constitutions of the Länder. Petition is a request or complaint made on one’s own behalf, for third parties or in the general interest. Request is demand and proposal for act or omission by organs of state, authorities or other institutions discharging public functions. In particular it may include proposal for legislation. Complaint shall consist in objection to act and omission by organs of state, authorities or other institutions discharging public functions. It should be emphasized that there are different types of petitions: multiple petitions, collective petitions, mass petitions and public petitions. Public petition is a new form of a petition in the 21st century. It may be submitted to the Petitions Committee by anyone, either individually or jointly with others, using the form provided. Public petitions are published on the Petitions Committee’s webpage. Every natural person and every legal person under private law resident in Germany has the right of petition. The right of petition can be restricted for members of the armed forces. The right of petition does not depend on the one’s personal circumstances, such as nationality. Even legal capacity is not required in order to exercise the right of petition, however the petitioner have to express his concern intelligibly. Article 45c of the Basic Law obliges the Bundestag to appoint a Petitions Committee to deal with petitions addressed to the Bundestag. “A Law on the Powers of the Petitions Committee of the German Bundestag of 19 July 1975”, “Rules of Procedure of the German Bundestag” and “Principles of the Petitions Committee governing the Treatment of Requests and Complaints of 8 March 1989” regulate the committee’s powers. The Petitions Committee can in particular: request comments from the Federal Government and hear government representatives, require official bodies to provide it with files, visit federal institutions. The Petitions Committee cannot intervene in conflicts between individual citizens under private law, it also cannot review court judgments or other court decisions. As soon as the facts of the case raised by a petition have been clarified and the legal situation has been assessed, the Petitions Committee presents a recommendation for a resolution on how the petition should be dealt with conclusively before the plenary of the Bundestag. The recommendation as to how the Bundestag should deal with a petition conclusively may include in particular: referral to the Federal Government for remedial action or for re-examination, referral as background material, forwarding to the European Parliament. Once the resolution has been adopted by the plenary, the petitioner is sent an official reply setting out the decision reached and the grounds on which it was taken.
9
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Opinia w sprawie petycji Stowarzyszenia Interesu Społecznego „Wieczyste” w sprawie zmiany ustawy – Kodeks postępowania cywilnego

80%
Lackoroński B.
Zeszyty Prawnicze BAS
|
2016
|
issue 1(49)
151-156
EN
The subject of the petition is a request to launch a legislative initiative to amend the provisions of the Code of Civil Procedure relating amount in controversy in cases of employees’ claims concerning the establishment, the existence or termination of employment relation and service of documents in civil proceedings. The opinion calls into question the acceptability of the amendments specified in the petition and their compliance with national and European law.
10
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Electoral Issues as the Subject of Petitions Submitted to the Sejm of the Republic of Poland of the Eight Term

80%
Rytel-Warzocha A., Szmyt A.
Polish Political Science Yearbook
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2018
|
vol. 3 (47)
467-475
EN
Art. 63 of the Constitution of the Republic of Poland of 2 April 1997 provides everyone with the right to submit petitions to state authorities. The procedure for considering petitions is specified by the Act on Petitions of 11 July 2014. According to the law, petitions can, in particular, take the form of a request to amend the law. The aim of the article is to focus on petitions concerning the amendment of electoral law against the background general information on the legal regulations in this regard. In the 8th term of office of the Sejm, which began on 12 November 2015, there were five petitions submitted to the parliament which concerned electoral issues. The petitioners proposed amendments in regard to the manner of electing senators to the Senate of the Republic of Poland and councilors in the communities of up to 100,000 residents, strengthening mechanisms that would counteract “electoral frauds”, electoral thresholds in the elections to the Sejm and mandatory voting.
11
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Opinia prawna na temat petycji Sebastiana Adamowicza w sprawie nowelizacji art. 130 § 1 i 147a § 1 Kodeksu wykroczeń

80%
Bachmat P.
Zeszyty Prawnicze BAS
|
2017
|
issue 2(54)
113-137
EN
The first proposed amendment concerns the elimination of Article 120 of the Misdemeanours Code, what is justified by the fact that the concept of arms, ambition and explosive materials and devices does not encompass trees and coarse woody debris. The author justifies the necessity of that amendment analyzing inadequate regulations included in the provisions in their current shape. The second suggested amendment concerns a former replacement of the term “Health Maintenance Organisation” with the term “Healthcare Entity”. As a result of his modification it became more difficult to define the scope of criminalisation of acts under Article 147a of the Misdemeanours Code., i.e. running a healthcare maintenance organisation without required entry into a register or obligatory registration. The scope of both terms raises considerable doubts. In the past it was suggested that Article 147a of the Misdemeanours Codem should concern treatment performed by both doctors and nurses. It is necessary to amend the discussed provision in order to effectively define the activity which it concerns.
12
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Opinia prawna w sprawie normatywnych skutków wycofania petycji skierowanej do Sejmu

80%
Chybalski P.
Zeszyty Prawnicze BAS
|
2016
|
issue 3(51)
64-68
EN
The specificity of the proceedings in relation to petitions precludes the admissibility of discontinuance of the proceedings regarding consideration of a petition on the basis of appropriate application of Article 105 § 1 of the Code of Administrative Procedure. In case of withdrawal of a petition submitted to the Sejm, the body responsible for its consideration, i.e. the Petitions Committee, should make a decision about the way of proceeding with the petition. Withdrawal of the petition does not prevent its consideration. Given the open catalogue of the ways in which petitions can be proceeded, the Committee should be allowed to adopt a resolution to refuse consideration of the petition because of the applicant’s willingness to withdraw the petition
13
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Ocena petycji w sprawie zmiany ustawy – Prawo oświatowe w zakresie preambuły

80%
Wasil W.
Zeszyty Prawnicze BAS
|
2019
|
issue 3(63)
212-218
EN
The aim of the petition is to take a legislative initiative on the deletion from the preamble of the Education Law of the phrase: “respecting the Christian system of values”. The implementation of the proposal falls within the scope of the legislator’s discretion. However, in the opinion of the author, the argument in favour of removing this provision is not fully convincing. The diversity of teaching content present in the core curriculum is not an expression of violation or lack of respect for the values referred to in the preamble. On the contrary, it meets the primary goal of any school, which is to ensure the comprehensive development of each student.
14
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Ochrona miejsc pochówku bohaterów narodowych de lege lata i de lege ferenda

80%
Dubowski R.
Zeszyty Prawnicze BAS
|
2018
|
issue 4(60)
126-134
EN
According to the author of the opinion the request contained in the petition should be considered justified, and the bill submitted along with the petition, despite minor deficiencies, may be a starting point for a legislative work. The current provisions do not ensure a proper protection of burial places of the National Heroes, because they enable the cemetery manager to rearrange the grave after 20 years from the burial, if unless anyone objects to it and pays the burial fee.
15
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Ocena propozycji zmiany ustawy – Kodeks karny w zakresie penalizacji czynów polegających na umieszczaniu w miejscu publicznym do tego nieprzeznaczonym podpisu, rysunku lub napisu bez zgody zarządzającego tym miejscem

80%
Wasil W.
Zeszyty Prawnicze BAS
|
2018
|
issue 2(58)
210-214
EN
The amendment proposed in the petition aims to improve the efficiency of investigation and prosecution of persons who committed an act of vandalism by illegally placing graffiti in a public sphere. In the author’s opinion adding a new article to the Penal Code is not necessary. A modification of current provisions, e.g. by increasing sanctions provided in the Misdemeanours Code, would be a more appropriate way to achieve promoter’s goals.
16
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Wybrane zagadnienia z zakresu lobbingu

80%
Waszczuk-Napiórkowska J.
Zeszyty Prawnicze BAS
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2018
|
issue 2(58)
60-64
EN
In response to questions from the managing team of the Chancellery of the Sejm’s he author of the opinion claims that an entity which carries out professional lobbying activities and whose representatives are lobbyists registered in the Sejm, has a right to submit petition addressed to the Sejm concerning amendment of an act connected with their actions as the entity who carries out professional lobbying activities. A person who carries out professional lobbying activities and a person who is entitled to represent the entity which carries out such activities may attend sittings of the Committee on Petitions’ sitting upon an invitation of the committee’s presidium’s or a chairperson.
17
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Propozycja nowelizacji art. 133 Kodeksu karnego

80%
Bachmat P.
Zeszyty Prawnicze BAS
|
2018
|
issue 4(60)
118-125
EN
The draft amendment, which is the subject of the reviewed petition, contains an introduction to the indicated provision of the Criminal Code of a new type of a punishable act – the use of terms: Polish death camps, Polish concentration camps, Polish Holocaust, polnische Vernichtungslager, polniche Häuser des Todes and other terms contrary to facts. The author of the opinion claims that the petition cannot be considered justified due to juridical and systemic reasons, as it concerns the matter which is currently already legally regulated. Moreover, cases of falsifying history to the detriment of the State or the Polish Nation, which take place outside of the borders of the Republic of Poland, will remain beyond the sphere of the amendment’s normative influence because of the condition of a dual criminalisation (in Poland and abroad) according to Article 111 para. 1 of the Criminal Code.
18
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Zniesienie obowiązku zawarcia umowy ubezpieczenia OC pojazdów mechanicznych, co do których orzeczono przepadek na rzecz powiatu

80%
Szczepańska-Kulik I.
Zeszyty Prawnicze BAS
|
2018
|
issue 4(60)
160-166
EN
Changes proposed in the petition concerning amendments to the Act on Obligatory Insurances, Insurance Guarantee Fund and Polish Bureau of Transport Insurers may raise concerns, taking into consideration the purposes and functions of obligatory civil liability insurance of motor vehicles, and also the course of procedure taking place after issuing a decision concerning the confiscation of a vehicle for the benefit of a county.
19
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Kontakt zatrzymanego z pełnomocnikiem (art. 245 § 1 Kodeksu postępowania karnego)

80%
Bachmat P.
Zeszyty Prawnicze BAS
|
2017
|
issue 4(56)
99-114
EN
The subject of the assessment is a petition requesting the change of Article 245 § 1 of CCP by indicating a method of contact of a detainee with an advocate or a legal advisor. The petitioner suggests that the code should state that the contact can also be made by means of remote communication, including telephone or electronic means of communication. In the opinion of the author, the submitted proposal to supplement the article will not change the current normative scope of this regulation. Consequently, it will not improve the legal situation of the detainee.
20
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O potrzebie ustawowego uregulowania trybu rozpatrywania petycji

80%
Florczak-Wątor M.
Zeszyty Prawnicze BAS
|
2013
|
issue 2(38)
25-43
EN
The article provides a comprehensive analysis of the right of petition and the need for regulation of this field by statute. The author examines the right of petition both in historical context and by way of reference to the existing regulations and views of legal theorists. She comes to an unequivocal conclusion that there is need for statutory regulation of the right of petition, that would lead to an elevation of the status of that right which, in practice, has been reduced to the right to make requests and complaints in the form that existed prior to the adoption of the Constitution. Moreover, a separate law devoted to the right of petition would encourage citizens to make use of this form of dialogue with the government and make it possible to comprehensively regulate the issue of petition and to ultimately solve many problems with establishing the mutual relations between petitions, complaints and requests.
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