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Opinia prawna o zgodności z Konstytucją Rzeczypospolitej Polskiej obywatelskiego projektu ustawy o ograniczeniu handlu w niedziele

100%
Szmulik B.
Zeszyty Prawnicze BAS
|
2016
|
issue 4(52)
145-157
EN
The author delivers a detailed analysis of legal accuracy and compliance with the Constitution. The author notices a set of legislative errors – spelling mistakes, errors concerning provision systematics, imprecise definitions and terms, and recommends improvements to be done. According to the author, analyzed Bill is not compliant with the Polish Constitution.
2
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The Parties Empowered to Lodge a Constitutional Complaint in Poland and in Selected European Countries – Legal–comparative Study

100%
Szmulik B.
Polish Political Science Yearbook
|
2005
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vol. 34
31-43
EN
The parties empowered to lodge a constitutional complaint under the Polish model are defined in Article 79(1) of the Polish Constitution, stating that: “Everyone whose constitutional freedoms or rights have been infringed, shall have the right to appeal to the Constitutional Tribunal (...). The above quoted article is considered to have the fundamental significance in the process of identification of the parties entitled to lodge a constitutional complaint, so in other words, provides a clear answer to the question who can effectively lodge such a complaint in order for the adequate proceedings to be officially opened (however – which is explained in detail in this article – having fulfilled certain specified objective conditions).
3
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Tryb ratyfikowania decyzji Rady (UE, Euratom) 2020/2053 z 14 grudnia 2020 r. w sprawie systemu zasobów własnych Unii Europejskiej oraz uchylającej decyzję 2014/335/UE, Euratom

100%
Szmulik B.
Zeszyty Prawnicze BAS
|
2021
|
issue 3(71)
137-145
EN
As a result of the adoption of the Council’s decision, the European Union will not receive any new competencies beyond such ones that it already possesses, which is why the author rejects the so-called ’great ratification’, i.e. the one carried out on the basis of Article 90 of the Constitution (majority of 2/3 votes in the Sejm). Because the ratification of the decision will result in a significant financial burden for the state, the proper procedure for its ratification is the statutory one provided in Article 89 para. 1 of the Constitution.
4
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Geneza i rozwój skargi konstytucyjnej w Europie

100%
Szmulik B.
Athenaeum. Polskie Studia Politologiczne
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2006
|
vol. 15-14
107-134
EN
The origins of the concept of constitutional complaint in Europe can be traced back to the German legal culture. The very term constitutional complaint has a German root and it was used in legal writings at the beginning of the second half of the 19th century in the context of the solutions proposed in a draft of the 1849 Constitution of the Reich. The very prototype of the modern constitutional complaint did not appear until the Austro-Hungarian Constitutional Act of 1867, establishing the Reich Court, to which the citizens could refer if their constitutional rights were violated. The complaints however could not be filed against statutes. Yet, as emphasised by Austrian legal scholars, in 1867–1918, the Reich Court was the only tribunal in Europe that handled complaints of citizens relating to the violations of their constitutional rights by the state authorities. An important breakthrough did not occur until the turn of the 19th century, i.e. the emergence of the so-called Vienna School of Legal Theory, which made significant determinations in the hierarchy of the system of law and the role of the constitution as the key, in hierarchical terms, normative act that all other acts should comply with, including regular statutes. It was the beginning of a concentrated model of constitutional judiciary, established under the strong influence of H. Kelsen, which found its normative expression for the first time in the Austrian Constitution of 1920, under whose Article 144 the complaint could be filed only against an administrative act. Apart from Austria, another country where the constitutional complaint was introduced before WW II was Spain. Article 131 of the Spanish Constitution of 1931 lays down the competence of the Constitutional Tribunal to adjudicate appeals with respect to the protection of civic guarantees, if complaints filed with other authorities remained ineffective. Shortly after the war, the institutional complaint appeared first in the various Western German countries, to finally find its way into the Federal Constitutional Tribunal Act of 12th March, 1951. As a constitutional tool it has been present since 1969. In the case of Austria, the Constitutional Tribunal was reinstated under an amendment to the constitution of October 1945. Another European country in which it was accepted was Spain in 1978, Belgium and other countries. The further development and dissemination of the constitutional complaint coincided with the political breakthrough in Central and Eastern Europe, where the complaint appeared together with the establishment of the new constitutional tribunals in such countries as: Hungary (1989), Russia (1990), Slovenia (1991), Albania (1992), Czech Republic (1992), Slovakia (1992) and Poland after the enactment of the new Constitution and the Constitutional Tribunal Act in 1997.
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