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1
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THE FUNCTIONING OF THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2 APRIL 1997

100%
Sarnecki P.
Przegląd Sejmowy
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2007
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issue 4(81)
33-47
EN
Poland's Constitution of 2 April 1997 is a result of fundamental transformations of Poland's political system, initiated probably in April - September 1989 and manifested in numerous legislative acts in the years 1989-1997. During these 8 years several constitutional acts were temporarily in force, Poland ratified the European Convention on the Protection of Human Rights and Fundamental Freedoms and other significant conventions, many important laws were adopted and the political practice typical of modern democracies was established. In this context, the new constitution has rather incorporated those transformations that have proved to be effective, with only slight corrections, and not departed from the practice of the preceding 8 years. Nevertheless, the Constitution of the Republic of Poland, as a comprehensive legal act, reveals its current role of an act of the highest rank in the hierarchy of legal acts. The article provides an analysis of such influence on many levels corresponding to its formal structure and, particularly, its division into chapters. Such influence usually implements constitutional principles and values, which is particularly confirmed by the content of legislation and jurisprudence of the Constitutional Tribunal and other courts. However, in the author's opinion, it has also some defects. Among such defects are, above all, the lack of independence of public prosecutors from the government administration and the practice of frequent reconstructions of the composition of the Council of Ministers performed in fact by the Prime Minister, with only formal participation of the President of the Republic and without approval from parliament. This raises doubts whether we can really speak about the functioning of the government enjoying the confidence of parliament (its lower chamber), as provided for by the Constitution.
2
Content available remote

THE CONSTITUTION OF THE REPUBIC OF POLAND IN THE CONTEXT OF THE DEVELOPMENT AND ACHIEVEMENTS OF POLISH CONSTITUTIONALISM

100%
Granat M.
Przegląd Sejmowy
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2007
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issue 4(81)
11-32
EN
Poland was the first country in Europe to adopt a written constitution (of 3rd May 1791). Subsequent constitutions were adopted after the restoration of independence which took place in 1918. These were the March Constitution of 1921 and April Constitution of 1935. Both acts varied considerably. After World War II Poland lost its capacity to shape its system of government in an independent way. This was manifested in the adoption, in 1952, of the Constitution of Polish People's Republic, modelled on the 1936 Soviet constitution (also known as the Stalin Constitution). Since 1989, fundamental changes in the system of government have been introduced in Poland. The current Constitution of the Republic of Poland was adopted by the National Assembly on 2 April 1997. A nationwide referendum on its approval was held on 25 May and its came into force on 17 October 1997. Poland's Constitution is composed of 13 chapters preceded by a preamble. The most important principles contained in the Constitution are the principles of: a republican form of government, the common good, subsidiarity, democratic state governed by the rule of law, sovereignty of the nation, separation of and balance between powers, political pluralism, recognition of inherent dignity of the person as a source of his/her freedoms and rights, and freedom of economic activity. Some of these principles, rooted in classical constitutional law, have been considerably changed in the process of European integration. The principle of national sovereignty is a good example of it. In the 10-year period of being in force, the Constitution proved itself as an act difficult to be amended. According to legal science, it is classified as a 'fixed' constitution, which means the procedures for its amendment contain various types of thresholds (e.g. the requirements concerning majority of votes) that are difficult to meet. Effectiveness of those barriers have been confirmed by the fact that, until now, the Constitution was amended only once (on 8 October 2006) to include the provisions concerning the European arrest warrant (EAW). As of 17 May 2007, there were five bills to amend Poland's Constitution submitted to the Sejm. One of those bills related to assistant judges adjudicating in district courts, another two bills related to formal immunity of the Deputy to the Sejm, and next two proposed implementing a prohibition on the election to the Sejm of persons convicted for certain intentional offences. .
3
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THE SMALL CONSTITUTION OF 1992

100%
Chrusciak R.
Przegląd Sejmowy
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2007
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issue 5(82)
89-110
EN
The Constitutional Act of 17 October 1992 on the mutual relations between the legislative and executive institutions of the Republic of Poland and on local self-government, called popularly the Small Constitution, is the third constitutional act in Poland's modern history characterized by a limited scope of regulation and temporary (provisional) nature. The one and a half year period of preparation and adoption of the Act was an essential element of shaping the concept of a democratic constitutional order. The essence of this process was to depart from the system based on the principle of uniformity of power and on formal supremacy of the Sejm, and to strive to build the constitutional system based on the principles of a democratic state governed by the rule of law. Another important background of this course of action was the protracted work on a comprehensive and new basic law. The Constitutional Act of 17 October 1992 contained the provisions concerning mostly the Sejm, the Senate, the President of the Republic of Poland, the Council of Ministers and local self-government. Its adoption has made it possible to repeal the Constitution of 1952, however some provisions of the latter was continued in force. So, it was decided that the Small Constitution (composed of 78 articles) was in effect together with 62 articles of the Constitution of 1952 continued in force. Moreover, the Constitutional Act of 23 April 1992 governing the procedure for work on a new basic law was in force. The most significant solutions implemented by the Small Constitution of 1992 include: the tripartite division of powers; regulation of the relations between the executive and the legislative branches of power on the basis of mechanisms typical of the parliamentary system of government (particularly a vote of no confidence); the enhanced status of a Deputy and Senator; improved and modernized legislative and budgetary procedures; altered powers of the President of the Republic (particularly by introducing the requirement of countersigning); strengthening the position and increasing autonomy of the Council of Minister and Prime Minister. High political tensions, in particular between President Lech Walesa and the Sejm, as well as imperfection of adopted regulations, has caused that the practice of application of the Constitutional Act of 17 October 1992 was accompanied by frequent disputes on competence, as well a applications being addressed to the Constitutional Tribunal. As a transitional act, the Small Constitution was in force from December 1992 to October 1997. Nevertheless, many of its solutions, especially those concerning the relations between the legislative and executive branches of power were maintained in the Constitution of the Republic of Poland of 2 April 1997.
4
Content available remote

THE RESOLUTION OF THE LEGISLATIVE SEJM OF 20 FEBRUARY 1919 PROVIDING FOR THE CONTINUED EXERCISE BY JÓZEF PILSUDSKI OF THE OFFICE OF THE HEAD OF STATE

100%
Kulesza W. T.
Przegląd Sejmowy
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2007
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issue 5(82)
33-55
EN
The return of Józef Pilsudski from German prison and the decisions of the Regency Council formally handing power over to him and, then, granting to him the whole military power in the country marked the beginning of the reconstruction of an independent Polish state. The first legislative act concerning the system of government (i.e. the Decree of 22 November 1918 on the supreme representative authority in the Republic of Poland) was drawn by Piłsudski who, became a Provisional Head of State. He was given the entire civil and military powers to be exercised until the election of a parliament. The parliament was to adopt a new constitution. However, prior to that, the Legislative Sejm adopted another provisional act. The resolution of the Legislative Sejm of 20 February 1919 providing for the continued exercise by Pilsudski of the office of the head of state was composed of two parts: in the first one the Sejm took cognizance of the declaration by Pilsudski about his resignation from office to the Sejm and expressed gratitude for his previous activity. In the second part, the Chamber entrusted Pilsudski with the continued exercise of the office, at the same time specifying the 'principles' of such exercise. The Legislative Sejm was made a 'sovereign and highest authority', while the Head of State was given the status of a 'representative of the State' being 'the supreme executor of the resolutions adopted by the Sejm on civil and military matters'. He was given the power to appoint 'a government in its entire composition based on agreement with the Sejm'. Both the Head of State and the government were accountable to the Sejm for 'the exercise of the office' and a signature of an appropriate minister was required for validity of any official act (the so-called state act) issued by the Head of State. In the opinion of the Polish constitutionalists of the pre-war period (such as Waclaw Komarnicki), as well as constitutional law historians after WW II (including, in particular, Michal Pietrzak and Andrzej Ajnenkiel), this act was quickly prepared and imperfectly constructed from the point of view of legislative standards and - according to the intention of its authors - was to be a provisional solution. The resolution implemented a system based on a superior position of parliament. However, the practice strengthened the position of the Head of State in his relations with the constituent assembly. As a Commander-in-Chief, Pilsudski retained full control over the army and was able to substantially influence foreign policy of successive governments. What was the most important, was that as a result of his actions, Pilsudski led to the situation in which each newly formed government had to gain confidence of both the Legislative Sejm and the Head of State. Comparing the events during the first years after regaining independence in Poland with the situation of its neighbours, especially those that at that time appeared in the map of Europe as independent states, we can find some regularities. Provisional acts concerning the system of government were created in two phases: first, preceding the setting up of the constituent assembly and the second - by virtue of decisions of the constituent assembly itself (given at that time the highest place within the branches of power). The provisions of provisional constitutional acts, based on the principle of supremacy of the legislature, very often substantially influenced the solutions of 'regular' constitutions. .
5

FROM THE ORIGINS OF THE BBWR (NON-PARTY BLOC OF COOPERATION WITH THE GOVERNMENT): CONTROVERSIES ABOUT THE POLITICAL REPRESENTATION OF THE PILSUDSKIITE CAMP PRIOR TO THE PARLIAMENTARY ELECTIONS OF 1928 (Z genezy BBWR...)

88%
Duber P.
Dzieje Najnowsze
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2008
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issue 4
133-144
EN
In the wake of the May 1926 coup d'etat members of the Pilsudskiite camp faced the following dilemmas: should they disband the existing Sejm and announce new parliamentary elections, or wait until the end of the term in office of the heretofore legislative chambers? Having closely examined this issue, they concluded that an eventual election would bring victory for the communists and national minorities; consequently, it was decided to opt for the second solution. In order to win the coming election, to be held in 1928, it was necessary to create a political group. First secret talks were conducted already in the spring of 1927, but their intensification, associated with attempts at winning over the cooperation of political groups up to then not connected with the Marshal, took place in the autumn of that year. Initially, the conception of the so-called Government Intermediaries planned to set up leftist and conservative election lists, within whose range it was decided to attempt to concentrate numerous social activists, self-governments, etc. The first practical test of this notion was the election to the Warsaw Municipal Council in May 1927, when Kazimierz Switalski, Director of the Political Department at the Ministry of Internal Affairs, questioned the division of the candidates into two groups and launched the idea of placing socialist and moderate activists on a single list. This politician also became, next to Walery Slawek, who initially did not support the idea, the prime organiser of an election campaign conducted by the ruling camp. His undertakings encountered the opposition of the then Vice-Premier, Kazimierz Bartel, incapable of proposing an alternative conception that would ensure victory in the coming elections. Ultimately, the 'sanacja' camp, with few exceptions, took part in the election as a bloc within a single list, and won a much greater success than was originally anticipated. As a result, Switalski became, alongside Walery Slawek, the most important collaborator of Marshal Pilsudski.
6

NIEKOĽKO ÚVAH O SÚČASNÝCH ŠTANDARDOCH TVORBY PRÁVA V POĽSKU

75%
Serowaniec M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 3
202 – 214
EN
For years, the Polish Parliament’s legislative process has been marked by numerous irregularities. These include too frequent changes in the legal status of laws, unfavourable treatment of public consultations and undue haste in the drafting of laws, all of which contribute to their poor quality. The situation in this area did not improve during the last parliamentary term. In many respects, the existing problems were exacerbated. As a result, there has been deterioration in the standards of the Polish law-making process. Parliament has been transformed into a law factory where anything can be the subject of production. Legislative procedures are often conducted under time pressure or late at night, with no opportunity for MPs or potential beneficiaries of the new law to familiarise themselves with draft legislation. The article aims to outline the cardinal sins committed by parliamentary majorities during the legislative process.
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