THE FREEDOM OF ASSOCIATION OF FOREIGNERS IN POLITICAL PARTIES IN POLAND: THE CONSTITUTIONAL ASPECT (Konstytucyjny aspekt zrzeszania sie cudzoziemcow w partiach politycznych w Polsce)

• Authors: Dabrowski Marcin
• Languages of publication: PL

Abstracts

EN

The article deals with Article 11of the Polish Constitution which establishes the freedom of association in political parties in Poland. It provides that political parties may be founded on the principle of voluntariness and upon the equality of Polish citizens, and their purpose shall be to influence the formulation of the policy of the State by democratic means. According to the Constitution and acts implementing its provisions, it is claimed that the freedom of association in political parties is reserved only for Polish citizens and foreigners are not allowed to participate in this kind of association to express their political interests. In the first part of the article the author describes arguments that confirm the above-mentioned interpretation of Article 11 of the Constitution. There are two main points: (1) the grammatical and literal interpretation and (2) the historical interpretation. It is claimed that the said provision of the Constitution guarantees this freedom only for Polish citizens. This understanding is confirmed by the practice of its interpretation. The author doesn't agree with this point of view. He believes that such interpretation omits an important part of Article 11. This provision refers to the freedom of association of citizens for the purpose of influencing the formulation of the State policy. It doesn't concern the influence on the formulation of the policy of the European Union and local self-governments. From the provision one may reconstruct a legal norm according to which foreigners are refused to associate in political parties for the purpose of changing the policy of the State, but there are no arguments supporting a legal norm saying that foreigners must not associate in parties for the purpose of exerting influence on the functioning the European Union and local self-governments. Political parties participate in all this areas. Foreigners (especially citizens of European Union) are entitled to take part in elections to the European Parliament and to constitutive, executive organs of self governments. Political parties enable enjoyment of political rights and freedoms by foreigners. The author considers such exclusion as discrimination against foreigners in the area of political freedoms in Poland.

Keywords

EN

CONSTITUTIONAL LAW; FOREIGNERS; POLITICAL PARTIES

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2011
• Issue: 2(103)
• Pages: 107-124
• Document type: ARTICLE

Contributors

author

Dabrowski Marcin

• Marcin Dabrowski, Uniwersytet Warminsko-Mazurski, Katedra Prawa Konstytucyjnego, ul. Warszawska 98, 10-702 Olsztyn, Poland

Identifiers

CEJSH db identifier

11PLAAAA094213