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  1. 2 Przegląd Sejmowy

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  1. 1 2011

  2. 1 2008

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  1. 2 Wierczynski G.

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GUIDELINES FOR FUTURE OF PRINCIPLES OF LAW MAKING AND PROMULGATION

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Wierczynski G.
Przegląd Sejmowy
|
2008
|
issue 3(86)
135-151
EN
In Poland, proposals have recently been made to adopt a statute on law making and, at the same time work is under way to regulate official promulgation of normative acts in electronic format. In the future, these issues could be regulated by a single statute, concerning both law making and promulgation of law. In its part concerning law making, a new statute should contain only those issues which may, and should, be regulated uniformly for all instances of lawmaking. These issues include above all: principles of making access to information about ongoing legislative work, obligation to respect lawmaking techniques and authorizing their adoption by means of a regulation, as well as the principles of preparation of justification of drafted normative acts, including in particular an assessment of consequences of such regulations. Another important part of a new act should be provisions on official promulgation of legal acts and making access to information about those acts. The current act of 20 July 2000 on promulgation of normative acts and some other legal acts is a relatively new legislation, therefore many its provisions can be maintained in the new act, provided that appropriate amendments are made to them. Only regulations concerning promulgation of legal acts in an electronic format would require far reaching changes. In the final part, the author formulates a proposal to combine the Legislative Council, the Governmental Centre for Legislation and codifying committees within one entity responsible for edition and promulgation of legal acts created on the national level.
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POLAND REFORMS ITS LAW PUBLICATION SYSTEM (Polska reforma oglaszania prawa)

100%
Wierczynski G.
Przegląd Sejmowy
|
2011
|
issue 5(106)
23-35
EN
In Poland, official journals (legal gazettes) have been published for 200 years in paper version. On January 1, 2012 Poland will join the group of countries where legal gazettes are published electronically on the Internet. The article contains an analysis of the amended Act on Promulgation of Normative Acts and Some Other Legal Acts, which implements that reform. The first part of the article deals with the doubts and fears that have arisen during parliamentary work on the Act. In the author's view, they partly result from the fact that the above-mentioned amendment relates mostly to the cultural sphere and require the recipients of legal information to change their old habits. He argues that official journals published in electronic form will be more accessible than their paper predecessors. The author examines in detail the methods, provided by the Act, to ensure authenticity and integrity of electronic legal documents, as well as the requirement of regular (at least once in 12 months) publication of a consolidated text of an act which has been amended. In the final part, the author wonders how the rules of legal gazettes will change and opts against the practice according to which acts may enter into force on the day they are published.
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