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1

Differentia specifica ustawy budżetowej według Konstytucji Rzeczypospolitej Polskiej z 1997 r.

100%
Kowalski G.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
|
2005
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vol. 1
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issue 1 Prawo
109-143
EN
According to Polish constitution the Budget act is one of acts in genere. Nonetheless some features of the Budget act (also mini-budget act) which differ it from the other acts make this act special, clearly differing it from the others. The differences between usual acts and the Budget act concern, most of all, legislative procedure. Firstly, the Budget bill may be submitted into the Sejm only by the Cabinet. Secondly, passing this bill and submitting it for President's approval should occur within four months since submitting the bill to the Sejm. Otherwise, President may shorten the term of parliament. Thirdly, the Senate has only twenty, instead of thirty, days to examine the Budget act handed over by the Sejm. The Senate can't reject the Budget act as well. Fourthly, President has only seven, instead of twenty one, days to sign the act and he hasn't the power of veto (he can't veto this act). Fifthly, Constitutional Tribunal has only two months to pass a sentence on the Budget act accord with constitution. The Budget act has also exceptional content which determines as with content of many other acts and execution of their regulations, so with activity of governing body, especially executive one which executes the Budget act. The way in which execution of the Budget act is controlled is different as well. Controlling execution of the Budget act, the Sejm also controls simultaneously the Cabinet which is responsible for executing the Budget act. Moreover, not every regulation of the Budget act has general and abstract character which is typical for acts regulations. Finally, the Budget act is always passed for time determined by constitution in advance, that is for budgetary year which is the same as calendar year. Exceptionally it may go to effects for shorter time than budgetary year (mini-budget act). All those differences weigh in favour of treating the Budget act as a sui generis act. Nevertheless they don't justify treating the Budget act as a source of law different from other acts. In other words, the Budget act has the same force of law as other acts, occupying the same position in hierarchy of law sources.
2

Konstytucyjna zasada solidaryzmu społecznego w świetle nauczania Jana Pawła II

100%
Kowalski G.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
|
2009
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vol. 5
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issue 1 Prawo
121-159
EN
The feature of contemporary world is interdependence of both individuals and all societies. Therefore, there is demand for an attitude of solidarity in both domestic and international dimension. The subject matter of solidarity is an important issue in teaching of John Paul II. According to the Polish-Pope it is the rule of solidarity which is one of the foundations of Christian concept of social and political organization and peace around the world. Therefore, the Pope during his pontificate repeatedly appealed both for solidarity between countries and solidarity of individual societies with their neediest members – the homeless, the unemployed, the sick, the disabled, former prisoners etc. International and domestic solidarity is also present in Polish Constitution, which defines foundations of political, economic and social system of state. Polish Constitution, on the one hand, says about the need of cooperation of Polish nation with all countries to the good of humankind, and, on the other hand, defines the obligation of solidarity with others as an unshakeable foundation of Poland. This obligation concerns not only citizens but first and foremost all bodies of public authority. Constitutional rule of solidarity and social justice requires equality in material dimension, that is equalizing of chances of those members of society which for some reasons are in a worse social and economic situation. Therefore, Polish Constitution contains many regulations which oblige bodies of public authority to eliminate social inequalities. Nonetheless, when the state does not discharge of that obligation, individual legal claims don’t arise from these regulations. This is so because the realization of social justice, which is a sign of solidarity reigning in society, is no always possible in full extent.
3

Ograniczenia w zakresie korzystania z wolności zrzeszania się przez funkcjonariuszy Straży Granicznej

100%
Kowalski G.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
|
2012-2013
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vol. 8-9
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issue 1: Prawo
131-162
PL
Artykuł prezentuje zagadnienie korzystania z wolności zrzeszania się przez funkcjonariuszy Straży Granicznej. W pierwszej części zostały przedstawione odnoszące się do wszystkich jednostek konstytucyjne przepisy dotyczące: a) gwarancji wolności zrzeszania się; b) form organizowania się; c) zasad wprowadzania ograniczeń w zakresie korzystania z konstytucyjnych wolności i praw; d) zakazów tworzenia oraz działania zrzeszeń określonego rodzaju. Druga część artykułu poświęcona została problematyce ustawowych ograniczeń wolności zrzeszania się funkcjonariuszy Straży Granicznej. Omówiono w niej w szczególności granice wolności zrzeszania się funkcjonariuszy Straży Granicznej w partiach politycznych, związkach zawodowych, stowarzyszeniach krajowych oraz zagranicznych, z uwzględnieniem orzecznictwa Trybunału Konstytucyjnego w tym zakresie.
EN
This article presents the question of the exercise of freedom of association by the officers of the Border Guard. in the first part constitutional provisions are presented (relating to all) which concern: a) the guarantees of freedom of association; b) forms of organization; c) rules of the introduction of restrictions on the exercise of constitutional rights and freedoms, d) the creation and functioning bans of certain types of associations. the second part of the article was devoted to issues of statutory restrictions on freedom of association of the officers of the Border Guard. It discusses in particular the limits of freedom of association Border Guard officers in political parties, trade unions, national and international associations, including the judicial decisions of the Polish Constitutional Tribunal in this regard.
4

Zapobieganie przestępczości w kontekście konstytucyjnych postanowień dotyczących polityki zatrudnienia

100%
Kowalski G.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
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2010
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vol. 6
|
issue 1 Prawo
23-35
EN
This article presents the provisions of the Polish Constitution on employment policy and the potential that these provisions have in preventing crime. It discusses the role played by constitutional provisions in crime prevention concerning: a) conducting an antiunemployment policy; b) the right to minimum remuneration for work; c) work being protected by the state; d) social security of persons unable to work; e) right to information about the work of public officials. The analysis of the regulations of the Polish Constitution mentioned above was made not only from the standpoint of prevention of crime for the first time, but also in terms of combating recidivism.
5

Zrzeczenie się obywatelstwa polskiego w kontekście konstytucyjnego obowiązku solidarności z innymi

100%
Kowalski G.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
|
2006
|
vol. 2
|
issue 1 Prawo
115-128
EN
The mutuality of rights and duties of individual and state, resulting from citizenship, is strengthened by constitutional rule of social solidarity which forms one of the bases of Polish political system. Loss of citizenship entails consequences for individual as well as the state, a citizen of which he is. Therefore, waiving of Polish citizenship depends on both the citizen's decision and President's assent, that is supreme representative of state who represents the state in both foreign and domestic relations. The reason why President assents to waiving of citizenship is that the rule of social solidarity says about the relation between the individual and the society and consequently the state which is formed by the society. If citizenship and social solidarity mean definite bonds between the individual and the state – a citizen of which he is – the President, as the supreme representative (the head of state) should assent to break the bonds. There is not complete freedom of President's assent, though. This is so because making the decision, the President should take into account constitutional regulations concerning both the human freedom (his constitutional right to decide about his own life) and social solidarity (constitutional duties resulting from living in a society). Taking the above into consideration, the President ought to make a decision based on conflicted interests carefully balanced (on the one hand particularistic interest of individual and public interest on the other hand).
6

Konstytucyjne uregulowania polityki społecznej a zapobieganie przestępczości (Zagadnienia ogólne)

100%
Kowalski G.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
|
2011
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vol. 7
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issue 1 Prawo
5-15
EN
Social policy plays an important role in crime prevention. Social policy includes such detailed policies as: housing policy, social security policy, employment policy, family policy, cultural policy, environmental protection policy, the policy for the prevention and fight against social pathologies. These policies enable an individual to satisfy its material or non-material needs, for example: housing; in the field of health protection, education, culture, leisure; social activity, job satisfaction, social recognition, feeling of safety. In their entirety, they constitute a whole mosaic of everyday problems of an individual, and fairly often a lack of the possibility to solve them, in accordance with the existing law, is the underlying cause of criminal behaviour. Social policy, which aims to meet the needs of the society, as well as for the development and progress of the society, plays an important role in the process of neutralizing social conflicts which can result, among others, in crime. For these reasons, in the fight against crime, we cannot restrict to a narrowly-defined crime prevention, i.e. criminal-legal prevention, which is realised in the process of imposing punishment and serving it but we should base on the broad understanding of the concept, i.e. consider sociopolitical aspects of preventive activities undertaken in this area. The legal norms largely define directions, goals and ways of realisation of social policy in Poland. In this area, also when it comes to crime prevention, provisions of Constitution of the Republic of Poland play fundamental role because: 1) firstly, they include a series of normative statements defining the general framework of activity of public authorities in the area of social policy; 2) secondly, they constitute the legal basis for activities undertaken by public authorities in the course of realising social policy, and which may act solely on the basis and within the law; the Constitution of the Republic of Poland either itself contains provisions that constitute the legal basis of activities for those bodies in the field of social policy or defines the form of normative acts in which the standards can be established; 3)thirdly, the superior nature of the Polish Constitution in the system of sources of law in Poland and the universally binding character of its provisions results not only in the ban on breaking the provisions of the Constitution of the Republic of Poland, but also in the obligation for all subjects in the country to realize them.
7

Konstytucyjne ujęcie narodu polskiego

100%
Kowalski G.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
|
2008
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vol. 4
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issue 1 Prawo
43-72
EN
The notion of the nation has an interdisciplinary character. It is a subject of research, of such disciplines like ethnology, history, sociology, social psychology, anthropology, political science and others. That notion is also a legal term. Polish Constitution uses the notion of the nation in various meanings. On the one hand, the Constitution emphasises ethnic-cultural dimension of the Polish nation pointing out common history, descent, cultural tradition and language. On the other hand, the Constitution describes the nation in political category as the whole of Polish citizens, showing the nation as a subject of supreme power in the state and ways of its exercising. Therefore, reconstructing the notion of the nation on basis of constitutional regulations, one should take into account not only literal read but also the place, the context and the function of norms concerning the nation, which put emphasis on ethnic or political dimension of this notion.
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