Search results - CEJSH

1

Zasada autonomii parlamentu w świetle przepisów Konstytucji RP z 1997 r. Wybrane zagadnienia

100%

Gierach E.

Zeszyty Prawnicze BAS

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2012

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issue 2(34)

9-20

EN

The author of this article makes an attempt to present legal regulations relating to the legal scope of the constitutional principle of the autonomy of parliament. This principle is indicated in Article 112 of the Constitution of the Republic of Poland. It means that chambers of parliament can independently determine their internal organization and mode of work as well as detailed matters related to their functioning. But the scope of the principle of the autonomy of the parliament is determined also by other provisions of the Constitution, as well as the provisions of the laws and the Standing Orders of the Sejm of the Republic of Poland. The article also deals with the question whether this principle affects constitutional review of acts of chambers of parliament.

2

Budgetary Sovereignty of Parliaments (ECPRD No. 5066)

100%

Szpringer Z.

Zeszyty Prawnicze BAS

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2022

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issue 3(75)

157-172

EN

The publication presents detailed issues related to the budgetary sovereignty of the Polish Parliament (i.e., the Sejm and the Senate) and the nature of the control / audit of budgetary expenditures. It analyses the role of the Parliament in preparation, adoption, and implementation of its budget in relation to, inter alia, funding and controlling expenditures allocated to parliamentary groups and political parties. It indicates the most important legal regulations related to this area and the amounts of expenditure from the budgets of the Chancellery of the Sejm and Senate, including the expenditure allocated to Deputies’ and Senators’ offices, as well as to parliamentary clubs, and groups.

3

Direct Democracy And Its Indirect Neutralization In Political Systems: Learning From The Case Of Estonia

80%

Liivik E.

Baltic Journal of Law & Politics

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2013

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vol. 6

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issue 1

27-44

EN

The Estonian parliament is the only institution in the country that may call a referendum, i.e. the parliament itself can formulate the crucial question and put it forward for people to vote. The constitution, though, lacks the institution to harness the people's initiative, giving citizens an opportunity to put some questions or draft acts to vote by themselves. A large group of MP’s submitted a draft of an amendment to the constitution which would add people's initiative, with 25,000 signatures gathered, enabling them to put a draft act or question for vote. This draft act was in legislative proceedings on two separate occasions but failed to be completed and take effect within those eight years. In the parliamentary debates we could see a strong „clash of discourses“. On the one side, the proponents of direct democracy stressed different aspects of „alienation of power“; unfortunately the parliament as a representative body maintained the sole monopoly to act, while the parliamentary elections have been media-manipulated by certain interest groups. Alternately, other speakers on the contrarian-side shared the view according to which direct democracy is unnecessary, even risky, populist means to cope with the strain of governance. Curiously, the deliberations in the parliament did not change anything; previously existing relationships of power were maintained.

4

The Question of Public Participation in the Procedure for Authentic Interpretation of Laws

80%

Struić G.

Review of European and Comparative Law

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2021

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vol. 44

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issue 1

127-154

EN

Authentic interpretation of laws is an interpretation of legal provisions that, due to their lack of clarity or misinterpretation in their application, is provided by the parliament. Unlike the legislative procedure, which is conducted, as a rule, in two (exceptionally three) readings, a proposal for giving an authentic interpretation is discussed in one reading. Starting from the understandings of some authors that the act of authentic interpretation of laws is contrary to the principle of democratic pluralism, and that it lacks the necessary level of democratic control and citizen participation, the author examines whether the Croatian parliamentary law enables public participation in the procedure for authentic interpretation of laws and, if so, what legal instruments can be used to implement it in parliamentary practice. To this end, the paper analyzes several relevant constitutional, legal, and procedural provisions of the Croatian parliamentary law, with reference to a parliamentary practice. Given the fact that the procedure for authentic interpretation in the Republic of Croatia, the Republic of Northern Macedonia, the Republic of Slovenia and the Republic of Serbia is regulated in a similar way by the rules of procedure of their respective parliaments, the relevant regulations of the latter three countries on the possibility of public participation in this procedure are analyzed as well. It was concluded that Croatian parliamentary law enables public participation in the procedure for authentic interpretation, through the instruments of petition, information and involvement in working groups and working bodies, and the same instruments, with certain specifics, are recognized in the parliamentary law of the latter three countries.

5

Narodziny parlamentaryzmu rosyjskiego w latach 1905-1906 w oczach Polaków

80%

Sobczak J.

Acta Polono-Ruthenica

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2006

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vol. Tom 1 Nr XI

67-83

EN

The 100th anniversary of creation of the quazi parliament in the form of the State Duma as the Lower Chamber and in general reorganized State Council as the Upper Chamber takes place in 2006 and is of great interest not only historians but also of the specialists in study of literature, as they watch and research the social changes in the Russian state organization and can’t stand paying attention to the influence of this event on the political consciousness of the Russians of the first decade of the XXth century which was consolidated in a lot of works, also works of literature.The subject of the article is to show the attitude to that event of the Polish society, especially of the Poles from the Polish Kingdom, which was under the Russian reign in those times. The author represents this attitude through the utterances of the most influential people of the Polish public opinion, such as: Bolesław Prus, Jozef Piłsudski, Wladysław Studnicki, Tadeusz Grużewski, Hipolit Korwin-Milewski, Konstanty Skirmunt and gen. Jan Jacyna, also the utterances of the leading figures of ND, PPS and the editors of the popular „Kurier Warszawski”.A conclusion, to which the author comes on the basis of this discourse, is the following: inPolish opinion, in the majority of cases the skepticism prevailed, which regarded the reformatory possibilities of the Duma and also the attitude to the new system in Russia, which replaced the former autocratic tsarist absolutism in 1906, as a system, which, despite all its limitations, nevertheless was constitutional, and of Russia itself, as a monarchy, already representative.

6

Uregulowania dotyczące wniosków formalnych zawarte w regulaminach parlamentów wybranych państw członkowskich UE, Wielkiej Brytanii, Stanów Zjednoczonych i Parlamentu Europejskiego

80%

Adamiec D., Branna J., Dziewulak D., Firlej N., Groszkowska K., Karkowska M., Kupis D., Mróz M., Szymanek J., Tazuszel A., Żołądek Ł.

Zeszyty Prawnicze BAS

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2020

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issue 4(68)

73-101

EN

The paper concerns selected issues related to parliamentary procedures. The primary aim is to investigate a particular category of motions, defined by rules of procedure of the Polish parliament as points of order (literally “formal motions”). In Poland, points of order are recognised as a separate category of motions. They may be submitted only in respect of matters being the subject of the orders of the day or the proceedings in a sitting and include, inter alia, motions to: suspend, postpone or close the sitting; close the discussion; alter the procedure of the discussion; close the list of speakers; limit the time of speeches; confirm a quorum. The authors examine how motions of similar subject scope are regulated in foreign national parliaments.

7

Activity of parliament/chamber pending parliamentary elections (ECPRD Request No. 4874)

80%

Żurawski M.

Zeszyty Prawnicze BAS

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2022

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issue 1(73)

224-226

EN

The author briefly describes the course of work during the final phase of the term of the Polish parliament. He analyses data regarding the bills submitted during this period, their subject matter, authors of bills and the course of legislative work.

8

Parlament Szwajcarii. Uwarunkowania historyczne i współczesność

80%

ALEKSANDROWICZ M.

Przegląd Sejmowy

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2020

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issue 6(161)

15-32

EN

The purpose of the article is to define the specific features of the Swiss system. Some of these features could lead to the conclusion that one of the foundations of democracy, the principle of separation of powers, has been normatively rejected in that country. The formula of parliamentary supreme supervision over other authorities, which has been present in Swiss constitutional law since 1848, when literally reading a provision of the Constitution and in isolation from other regulations, may indicate not only an advantage, but even the subordination of the State apparatus to Members of Parliament. It would, therefore, be possible to speak of the dictatorship of the group that won the elections. The reference to historical experience and political practice shows that in Switzerland — although the position of the legislature is normatively dominant — we are dealing not only with a relationship of mutual inhibition of the authorities, but also with their traditionally determined cooperation. If we add to this a factor of control by citizens in the form of numerous and actually implemented solutions of direct democracy, we get an image of Switzerland as a democratic state in which the authorities respect the will of sovereignty.

9

Kompetencje porządkowe związane z przebiegiem prac komisji sejmowych i senackich

80%

Malec-Lewandowski P.

Przegląd Sejmowy

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2022

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issue 1(168)

79-101

EN

The subject of the article contains the issue of order competences related to the proceedings of Polish parliamentary committees. In turn, the aim of the study is to define their basic features, including similarities and differences between the order competences related to the proceedings of Polish parliamentary committees – in the area of their component parts, including the entity holding it, authorisation and subject, as well as in the area of elements related to them, which include the conditions for the admissibility of their application, as well as the appeal procedure against decisions constituting their application. Finally, the aspiration for this aim takes place using a dogmatic method, which includes an analysis of the content of the provisions relating to the competences in question. Its result shapes a list of the above-specified features of order competences related to the proceedings of Polish parliamentary and senatorial committees. The article also compares Polish regulations with those applicable in selected Central European countries, i.e. in Germany, Austria and Hungary.

10

Zjednoczone Królestwo: wyrok Sądu Najwyższego z 24 września 2019 r. w sprawie legalności prorogowania parlamentu, sygn. [2019] UKSC 41

80%

Rulka M.

Przegląd Sejmowy

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2020

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issue 1(156)

211–225

EN

The case concerned three key issues. First, is prorogation of parliament subject to court juris- diction? Second, what are the restrictions on exercising the right to prorogation of the Parlia- ment? Third, did in this particular case the prorogation prevent the Parliament, with no justi ed reason, from exercising its role? The judges decided that the recommendation on the proroga- tion of the Parliament presented to the Queen by the Prime Minister was unlawful and had no legal consequences, i.e., they concluded that there was no suspension of parliament at all and the session was therefore still ongoing.

11

Rola parlamentu w kreowaniu polityki społecznej Drugiej Rzeczypospolitej

80%

Grata P.

Przegląd Sejmowy

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2014

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issue 4(123)

111-138

EN

In Poland, parliament has played a signifi cant role in creating, however, this role has signifi cantly evolved along with political and constitutional transformations. Until 1926, Parliament was the primary place for lawmaking, but later part of its powers in this respect were lost. After 1926, social legislation was based on presidential regulations, and legislative proposal submitted in the Sejm had no chance of success. Although the circumstances existing in Poland in the 1930s were similar to those from the fi rst period of independence, but the actual role of parliament in creating social policy was undoubtedly smaller than in the days of the Legislative Sejm, and the Sejm and Senate of the first term.

12

Problematyka Projektu Konstytucji z 1997 r. na łamach „Przeglądu Sejmowego"

80%

Sarnecki P.

Przegląd Sejmowy

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2013

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issue 2(115)

25 – 38

EN

The purpose of the article is to present the publications relating to different draft constitutions, which were the subject of parliamentary work in 1993 – 1997. They could be useful to both parliament and all citizens, since the text of the Constitution had to be approved in a referendum. Particular significance may be attributed to those articles which address the issues of civil liberties and the structure of parliament. Many of the presented articles have a general nature, discussing the constitutional principles applied in democratic constitutions (for example, the principle of separation of powers, rule of law). The author shows that many of the issues raised in those articles are included in the final text of the Constitution.

13

„Zawiedzione nadzieje” — oczekiwania polityczne i działalność pierwszego parlamentu Wielkiej Rumunii (1919–1920)

80%

Dubicki A.

Przegląd Sejmowy

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2019

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issue 1(150)

69–84

EN

For Romania, 1918 above all meant the implementation of the national unification program. As a result of a favourable and unique coincidence, Romania emerged victorious from the de facto already lost war, thanks to which the land that had previously belonged to the Austro-Hungarian Empire and Russia was incorporated to the Old Kingdom. The significant enlargement of the country’s territory and the events that had taken place during the war were a perfect pretext to carry out radical changes in the Romanian parliamentary system. In the unique atmosphere of consensus new common rules for the whole country were introduced (universal elections to the Chamber of Deputies and Senate, the principle of equality of the vote), at the same time allowing some certain — sometimes quite significant — changes reflecting local diversities, usually referring to previous electoral regulations. The change in the manner of electing the parliament as well as the membership therein of politicians from the incorporated areas gave hope for improving the condition of political and civic culture in Romania. Unfortunately, politicians who appeared in the Romanian system began to adapt to the old system and old political culture instead of adapting them to their needs and thus changing them.

14

Prawne instrumenty oddziaływania głowy państwa na parlament. Case studies systemów politycznych Federacji Rosyjskiej, Republiki Białorusi i Ukrainy

80%

Prokop M.

Przegląd Sejmowy

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2022

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issue 1(168)

137-153

EN

The possibility of exerting the influence on the functioning of one authority on another, provided by legislature, creates a danger of a disproportion between the strong position of one and the weakened of the other state authority. The purpose of the article was to analyse the legal instruments of the president’s influence on the parliament in the Russian Federation, the Republic of Belarus and Ukraine. The research problem concerns the question to what extent the constitutional provisions in Russia, Belarus and Ukraine provide for legal instruments of influence of the head of state on the parliament? The presented research allows us to construct an index of the president’s influence on the parliament and to obtain the result for individual cases studies.

15

The Issue of Military Requisitions in the Parliamentary Debate during the November Uprising of 1830–1831

80%

Konarski M.

Historia i Polityka

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2022

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issue 42 (49)

131-150

EN

The present analysis concerns military requisitions used during the second Polish national uprising in chronological order. The institution of military requisitions was usually caused by shortages in supplying the army with items essential, from its point of view, for carrying out military operations (foodstuffs, means of transport, equipment for soldiers). These shortages were compensated by legal or illegal seizures of private property. The civil and military authorities, if necessary, decided on the compulsory supply of the indicated products and items for the population by means of generally binding regulations. The author bases his discussion on materials from the legislative process and selected archival sources concerning the implementation of the requisitioning provisions of the insurgent parliament.

16

Kompetencje organów Sejmu i Senatu związane z ochroną powagi izb

80%

Malec-Lewandowski P.

Studia Prawa Publicznego

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2021

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issue 4 (36)

33-58

EN

The article concerns the competences of the organs of the Sejm and the Senate related to protecting the dignity of the chambers. These competences were established as a part of a reaction to the course of the so-called “Sejm crisis”, consisting in the occupation, initially, of the Sejm’s rostrum and then the Sejm’s Meeting Room by MPs from opposition parties at the turn of 2016 and 2017. Using the dogmatic method, the publication aims to define the essence of competences, their applicable and planned regulations, and to evaluate these regulations and formulate possible de lege ferenda postulates on the basis of this evaluation. The main thesis of the article includes a negative evaluation of the applicable regulations of competences due to their contradiction with certain provisions of the Constitution, in particular with Art. 2 of the Constitution, i.e. within the framework of the principle of a democratic state ruled by law established in this provision and the resulting, inter alia, principles of decent legislation, including the principle of the specificity of law, as well as Art. 54 sec. 1 in connection with Art. 31 sec. 3 of the Constitution (i.e. the freedom of expression), Art. 11 of the Constitution (i.e. the freedom to establish and freedom of activity of political parties within the scope of the purpose of their activity, which is to influence on state policy by democratic methods) and Art. 32 of the Constitution (i.e. the principle of equality of political parties resulting from the principle of political pluralism). In this context, the most important is the risk of the so-called “chilling effect”. The publication also includes a positive evaluation of a few of the planned regulations of competences, which may allow for the elimination of the above contradictions or ensure a more complete implementation of the objective of competences, including guaranteeing the dignity of the chambers.

17

Uniwersytet Papieski Jana Pawła II w Krakowie w ustawodawstwie państwa polskiego

71%

Dyduch J.

Annales Canonici

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2012

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vol. 8

EN

On April 19th, 2009 Pope Benedict XVI erected the Pontifical University. The next vital step was to introduce the university, that is, both the fact of its existence and its activity, into Polish law.The required procedure was held in both chambers of the Polish Parliament in cooperation with the Polish Government. The special financial law was enacted by the Sejm (380 members of the chamber were in favor, 412 were voting), and by the Senat (86 members of the chamber were in favor, 87 were voting).The law in question recognized the decision of the Pope and introduced the name of the academic institution, which is the Pontifical University of John Paul II in Cracow, into Polish law system and granted the university funds from the public finance according to the same rules, which apply to the public universities in Poland.

18

Pozycja ustrojowa Parlamentu Gruzji w latach 1990–2013

71%

Żmigrodzki M., Szukalski J.

Środkowoeuropejskie Studia Polityczne

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2015

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issue 1

25-50

EN

The paper presents an outline of Georgian parliamentarism and, subsequently, the institution of the Georgian parliament itself in the period between 1990 and 2013. The next section describes the structural position of the Parliament of Georgia by analyzing its Constitution of 1995, as well other acts of parliament. It also mentions the systemic principles, definition of sovereign authority, competence of the governing bodies of the state, the relationships between the President and the Government, as well as the existing internal organization and the scope of legislation. In the conclusion it is stressed that the structural position of the Georgian Parliament in the given period is similar to the position of parliaments in the presidential model of government.

PL

W artykule omówiono zarys problematyki gruzińskiego parlamentaryzmu, ze szczególnym uwzględnieniem funkcjonowania Parlamentu Gruzji w okresie między 1990 i 2013 rokiem. Autorzy na podstawie zapisów Konstytucji z 1995 roku oraz innych ustaw przedstawili pozycję ustrojową gruzińskiego parlamentu. Nakreślili zasady systemowe i suwerena, omówili kompetencje poszczególnych organów państwa, relacje między prezydentem a rządem, zasady funkcjonowania i całą organizację procesu prawodawczego. Podsumowując należy podkreślić, że pozycja ustrojowa gruzińskiego parlamentu w omawianym okresie jest podobna do funkcjonowania parlamentu w klasycznym systemie prezydenckim.

19

Ideowe spory wokół dziejów parlamentaryzmu polskiego

71%

Byliński J.

Opolskie Studia Administracyjno-Prawne

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2016

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vol. 14

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issue 3

9-43

EN

The history of the Polish parliamentarianism has aroused numerous disputes since long due to many factors, causing difficulties in determining the beginnings of existence of this institution in the former Poland. The basic problem emerged in the distinction of the term “Sejm” (“Polish Parliament”) from the earlier rallies, court veches, local conventions or those covering larger areas of the country, or even all-state conventions, summoned by the particular regional dukes and after the unification of the state by monarchs. The disputes were related to the critical look at the role of Parliament in the history of the state: some glorified it, others expressed their critical view, determined by the historical school which the particular author belonged to. During those disputes, the final form was gained by the Polish Parliament as a bicameral parliament with the king, as one of the states, with the Senate and the Chamber of Deputies in the years 1493–1505.

20

Udział kobiet w działalności prawotwórczej Senatu II Rzeczypospolitej

71%

Fiktus P.

Opolskie Studia Administracyjno-Prawne

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2016

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vol. 14

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issue 2

207-218

EN

At the end of World War I, in many European countries women won the active and passive right to vote. Poland was one of the first countries, where women were allowed to participate in political life. Already at the time of establishing the Legislative Sejm (1919) the first women-MPs took their seats in Parliament. Similarly, the situation presented itself in the case of the Senate. During its first session (1922) women participated in the works of the upper chamber. The purpose of this paper is to present the participation of women in the legislative work of the Senate in various terms of office. The participation of women in the legislative work of Parliament was characterized by their involvement in issues concerning education or social services, while avoiding participation in the legislative work or that dealing with political matters. The situation presented itself differently as regards women’s involvement in the work of the Senate. A good example here was the activity of Dorota Kałuszyńska, who – during the work on the so called April Constitution of 1935 – not only participated in it very actively, but also ruthlessly attacked the then ruling camp. Another very interesting episode related to activities of women in the Senate was an informal covenant during the work on the bill to limit the sale, administration and consumption of alcoholic beverages. Belonging to different political groups: the said D. Kłuszyńska as a representative of the Polish Socialist Party, Helena Kisielewska from the Bloc of National Minorities and Hanna Hubicka of BBWR [the Nonpartisan Bloc for Cooperation with the Government] unanimously criticized the regulations in force, which – in their opinion – did not fulfill their role when it came to anti-alcohol protection. The participation of women as far as their number was concerned was indeed small, but the Senate (like Parliament) of the Second Republic functioned in the period when women had just begun their activity on the legislative forum. Undoubtedly, it was a very interesting period, in which women had the benefit in the form of gaining their parliamentary experience. For example, it gave rise to subsequent activities of Dorota Kłuszyńska, who actively participated in the legislative works of the Sejm in the years 1947–1952, dealing with social issues or family.

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