The Constitutional Court has ruled on the lapse of the provision and on its re-entry into the legal system. According to § 4(3) of the ruling G62/2017 ua G62/2017-12, G63/2017-14 the expression “and 3” in § 16(5) of the law of financing political parties (LGBl 79/1981, idFLGBl 7/2017), should be repealed as unconstitutional due to a violation of the principle of equality before the law which also binds the legislator. These provisions illustrate the status of the law, as they were part of the legal system for some time and could be properly applied by public authorities. The ruling was issued on 14 June 2017 and concerns the re-entry into force of the previous legal status. However the Court emphasized that this matter should be regulated by the legislator of the Land of Salzburg. Regardless of the actions taken by the law-makers, the Constitutional Court had to deliver a judgement that is in accordance with the logical principle elaborated on the basis of Article 140(6) of the Austrian Constitution (Bundes-Verfassungsgesetz).
{"title":"Glosa do Wyroku austriackiego Trybunału Konstytucyjnego z dnia 14 czerwca 2017 r., sygn. akt G62/2017 ua G62/2017-12, G63/2017-14, stwierdzająca ponowne wejście w życie uprzedniego stanu prawnego","authors":"Edyta Tkaczyk","doi":"10.31268/ps.2022.119","DOIUrl":"https://doi.org/10.31268/ps.2022.119","url":null,"abstract":"The Constitutional Court has ruled on the lapse of the provision and on its re-entry into the legal system. According to § 4(3) of the ruling G62/2017 ua G62/2017-12, G63/2017-14 the expression “and 3” in § 16(5) of the law of financing political parties (LGBl 79/1981, idFLGBl 7/2017), should be repealed as unconstitutional due to a violation of the principle of equality before the law which also binds the legislator. These provisions illustrate the status of the law, as they were part of the legal system for some time and could be properly applied by public authorities. The ruling was issued on 14 June 2017 and concerns the re-entry into force of the previous legal status. However the Court emphasized that this matter should be regulated by the legislator of the Land of Salzburg. Regardless of the actions taken by the law-makers, the Constitutional Court had to deliver a judgement that is in accordance with the logical principle elaborated on the basis of Article 140(6) of the Austrian Constitution (Bundes-Verfassungsgesetz).","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The matter of commemorating the victims of the murders of the Polish population in Volhynia and the South-Eastern Borderlands of the Republic of Poland in the years 1943–1944 in connection with the 60th anniversary of the Volhynia tragedy in the parliamentary debate of the 4th Sejm The parliamentary debate on commemorating murdered Poles on the 60th anniversary of the Volhynian tragedy showed the levels of political conflict in Poland. The parliamentary divisions on the commemoration of the tragic events did not follow the left – right axis. In principle, all political parties wanted to establish good Polish–Ukrainian relations. However, there were strong divisions in the assessment of historical facts which continually caused tension in bilateral Polish-Ukrainian relations.
{"title":"Sprawa uczczenia ofiar mordów ludności polskiej na Wołyniu i Kresach Południowo-Wschodnich Rzeczypospolitej w latach 1943–1944 w związku z 60. rocznicą tragedii wołyńskiej w debacie parlamentarnej Sejmu IV kadencji","authors":"Tomasz Wicha","doi":"10.31268/ps.2022.117","DOIUrl":"https://doi.org/10.31268/ps.2022.117","url":null,"abstract":"The matter of commemorating the victims of the murders of the Polish population in Volhynia and the South-Eastern Borderlands of the Republic of Poland in the years 1943–1944 in connection with the 60th anniversary of the Volhynia tragedy in the parliamentary debate of the 4th Sejm The parliamentary debate on commemorating murdered Poles on the 60th anniversary of the Volhynian tragedy showed the levels of political conflict in Poland. The parliamentary divisions on the commemoration of the tragic events did not follow the left – right axis. In principle, all political parties wanted to establish good Polish–Ukrainian relations. However, there were strong divisions in the assessment of historical facts which continually caused tension in bilateral Polish-Ukrainian relations.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Each democratic state is founded on the principle of national sovereignty. This is the basic political system concept, which is a consequence of treating the population as the administrator of power. Today, as a rule, it is the sovereign that exercises the power through its elected representatives. With regard to indirect democracy, however, direct democracy is considered equally important. The classic – even primary – most popular form of it is the referendum. This article is devoted to a specific type of referendum, i.e. on the dismissal of bodies of local government units (to which many features can be attributed that make it more a form of election than referendum as such), and more precisely to the possibility for bodies of local government units to take measures in the campaign before this type of referendum. Doubts and problematic issues in this respect were indicated. The discrepancies formulated in the doctrine were referred to. The inequalities that may result from the current legal regulations associated with this issue were highlighted. De lege ferenda conclusions were also formulated.
{"title":"Udział organów jednostek samorządu terytorialnego w kampanii referendalnej przed referendum w sprawie ich odwołania, możliwości podejmowania przez nie działań w tej kampanii oraz ich finansowania","authors":"T. Gąsior","doi":"10.31268/ps.2022.124","DOIUrl":"https://doi.org/10.31268/ps.2022.124","url":null,"abstract":"Each democratic state is founded on the principle of national sovereignty. This is the basic political system concept, which is a consequence of treating the population as the administrator of power. Today, as a rule, it is the sovereign that exercises the power through its elected representatives. With regard to indirect democracy, however, direct democracy is considered equally important. The classic – even primary – most popular form of it is the referendum. This article is devoted to a specific type of referendum, i.e. on the dismissal of bodies of local government units (to which many features can be attributed that make it more a form of election than referendum as such), and more precisely to the possibility for bodies of local government units to take measures in the campaign before this type of referendum. Doubts and problematic issues in this respect were indicated. The discrepancies formulated in the doctrine were referred to. The inequalities that may result from the current legal regulations associated with this issue were highlighted. De lege ferenda conclusions were also formulated.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A decree of the Flemish Region provided for the use of reversible stunning as regards ritual slaughter. The decree was challenged by several Jewish and Muslim associations, claiming that it breached the Council Regulation No 1099/2009. In this framework, the Belgian court made a reference to the CJEU for a preliminary ruling regarding the interpretation of this regulation. In the commented case the CJEU sought a balance between the protection of animal welfare, as set out in Article 13 TFEU and freedom of religion, as guaranteed by Article 10 of the Charter of Fundamental Rights of the EU. It ruled that Regulation No 1099/2009 does not preclude legislation of a Member State which requires, in the context of ritual slaughter, a reversible stunning procedure. The commentary discusses doubts about the motives of the CJEU’s ruling, in particular relating to unjustified prioritisation of animal welfare over freedom of religion, and concludes that the decree violates the right to freedom of religion protected by the Charter.
{"title":"Glosa do Wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 17 grudnia 2020 r. w sprawie Centraal Israëlitisch Consistorie van België i in., C-336/19","authors":"T. Jaroszyński","doi":"10.31268/ps.2022.131","DOIUrl":"https://doi.org/10.31268/ps.2022.131","url":null,"abstract":"A decree of the Flemish Region provided for the use of reversible stunning as regards ritual slaughter. The decree was challenged by several Jewish and Muslim associations, claiming that it breached the Council Regulation No 1099/2009. In this framework, the Belgian court made a reference to the CJEU for a preliminary ruling regarding the interpretation of this regulation. In the commented case the CJEU sought a balance between the protection of animal welfare, as set out in Article 13 TFEU and freedom of religion, as guaranteed by Article 10 of the Charter of Fundamental Rights of the EU. It ruled that Regulation No 1099/2009 does not preclude legislation of a Member State which requires, in the context of ritual slaughter, a reversible stunning procedure. The commentary discusses doubts about the motives of the CJEU’s ruling, in particular relating to unjustified prioritisation of animal welfare over freedom of religion, and concludes that the decree violates the right to freedom of religion protected by the Charter.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article deals with the phenomenon of separatism, its common understanding and main features. It discusses the most important separatist tendencies and the threat of separatism in the EU, including the typology and the centres of separatism in Europe. The principal reasons for separatist movements in the EU are described. Considering the complex origin of separatism, the homogeneity of its foundation in Europe is proved and the threat of separatism in Ukraine is analysed. Manifestations of separatism in Ukraine and the EU are compared, the influence of globalisation and regionalisation on the ethnopolitical process in the EU and Ukraine is justified, and the dual influence of regionalisation on separatism is revealed.
{"title":"Separatism as a political phenomenon – an analysis. The EU’s experiences and lessons for Ukraine","authors":"Mykhailo Mosora","doi":"10.31268/ps.2022.135","DOIUrl":"https://doi.org/10.31268/ps.2022.135","url":null,"abstract":"The article deals with the phenomenon of separatism, its common understanding and main features. It discusses the most important separatist tendencies and the threat of separatism in the EU, including the typology and the centres of separatism in Europe. The principal reasons for separatist movements in the EU are described. Considering the complex origin of separatism, the homogeneity of its foundation in Europe is proved and the threat of separatism in Ukraine is analysed. Manifestations of separatism in Ukraine and the EU are compared, the influence of globalisation and regionalisation on the ethnopolitical process in the EU and Ukraine is justified, and the dual influence of regionalisation on separatism is revealed.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The aim of the article is to present the role of lay judges in the judicial system, taking into account the advantages and disadvantages of this institution as well as specific principles resulting from the principle of a democratic state of law. The article also assesses the introduction of the lay judge institution to the Supreme Court and presents de lege ferenda postulates regarding the improvement of the functioning of this institution as a form of social factor participation in court proceedings. It was also considered to what extent judges – including lay judges – have an influence on making the law. The conducted research is mainly based on Michał Kaczmarczyk’s monograph on this issue, which makes the text partly of a polemic nature.
{"title":"O roli ławników w sprawowaniu wymiaru sprawiedliwości w demokratycznym państwie prawa. Artykuł polemiczny","authors":"Michał Grudecki","doi":"10.31268/ps.2022.161","DOIUrl":"https://doi.org/10.31268/ps.2022.161","url":null,"abstract":"The aim of the article is to present the role of lay judges in the judicial system, taking into account the advantages and disadvantages of this institution as well as specific principles resulting from the principle of a democratic state of law. The article also assesses the introduction of the lay judge institution to the Supreme Court and presents de lege ferenda postulates regarding the improvement of the functioning of this institution as a form of social factor participation in court proceedings. It was also considered to what extent judges – including lay judges – have an influence on making the law. The conducted research is mainly based on Michał Kaczmarczyk’s monograph on this issue, which makes the text partly of a polemic nature.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Undoubtedly, the materials contained in the presented volume of Andrzej Walicki’s works constitute a good basis for further research into totalitarianism and the process of detotalitarianisation, especially in relation to the history of the People’s Republic of Poland. However, only the analysis of both the period of Sanation authoritarianism (1926–1939) and post-war left-wing authoritarianism (1944–1948) can provide a more complete picture of totalitarianism and detotalitarianism in the People’s Republic of Poland.
{"title":"O totalitaryzmie i procesie detotalitaryzacji. Przypadek PRL","authors":"Lech Mażewski","doi":"10.31268/ps.2022.107","DOIUrl":"https://doi.org/10.31268/ps.2022.107","url":null,"abstract":"Undoubtedly, the materials contained in the presented volume of Andrzej Walicki’s works constitute a good basis for further research into totalitarianism and the process of detotalitarianisation, especially in relation to the history of the People’s Republic of Poland. However, only the analysis of both the period of Sanation authoritarianism (1926–1939) and post-war left-wing authoritarianism (1944–1948) can provide a more complete picture of totalitarianism and detotalitarianism in the People’s Republic of Poland.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69346564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mariusz Tomasz Kłoda, K. Malinowska, B. Malinowski, M. Polkowska
The paper was prepared by members of the Task Force for Polish Space Law operating at the Centre for Space Studies, Kozminski University in Warsaw. The purpose of this paper was to examine the challenges associated with the adoption of a national space legislation, including an analysis of the position of professionals and entrepreneurs active in the Polish space sector on the content of future Polish legislation on space activities. The authors were tasked with presenting the essential issues of Polish regulation of space activity, i.e. its subject and scope, including establishing the spatial scope of statutory regulation and addressing the issue of liability for damage and insurance of such liability. The analysis was conducted both from the perspective of the formal foundations of national legislation on space exploration, which is supposed to reflect the international obligations of the country in this area, and from the perspective of the interests of all stakeholders who bear the main burden of carrying out this risky activity.
{"title":"Polskie prawo kosmiczne – wyzwania i kompromisy","authors":"Mariusz Tomasz Kłoda, K. Malinowska, B. Malinowski, M. Polkowska","doi":"10.31268/ps.2022.113","DOIUrl":"https://doi.org/10.31268/ps.2022.113","url":null,"abstract":"The paper was prepared by members of the Task Force for Polish Space Law operating at the Centre for Space Studies, Kozminski University in Warsaw. The purpose of this paper was to examine the challenges associated with the adoption of a national space legislation, including an analysis of the position of professionals and entrepreneurs active in the Polish space sector on the content of future Polish legislation on space activities. The authors were tasked with presenting the essential issues of Polish regulation of space activity, i.e. its subject and scope, including establishing the spatial scope of statutory regulation and addressing the issue of liability for damage and insurance of such liability. The analysis was conducted both from the perspective of the formal foundations of national legislation on space exploration, which is supposed to reflect the international obligations of the country in this area, and from the perspective of the interests of all stakeholders who bear the main burden of carrying out this risky activity.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69346710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article focuses on the protection against ill-treatment, as stipulated in the Amendment VIII to the United States Constitution in relation to the similar guarantee provided by Article 3 of the European Convention on Human Rights. Using the case-law of the U.S. courts, the author analyses the meaning of words used in the Amendment VIII („cruel and unusual punishment”) in relation to their counterpart in the Convention („torture” and „inhuman or degrading treatment or punishment”). The use of particular words in the Amendment VIII causes a limitation of the protection against ill-treatment in the U.S. to criminal proceedings. In the subsequent part the author discusses two typical instances of use of the Amendment VIII: disproportional punishment and overstepping limits of criminalisation. The problem of compensation for ill-treatment is also described. The analysis of the aforementioned issues leads to the conclusion that the U.S. legal system offers a lower standard of protection against ill-treatment than its European counterpart.
{"title":"O ochronie przed maltretowaniem na podstawie VIII Poprawki do Konstytucji Stanów Zjednoczonych w odniesieniu do art. 3 Europejskiej konwencji praw człowieka","authors":"E. Śliwiński","doi":"10.31268/ps.2022.103","DOIUrl":"https://doi.org/10.31268/ps.2022.103","url":null,"abstract":"The article focuses on the protection against ill-treatment, as stipulated in the Amendment VIII to the United States Constitution in relation to the similar guarantee provided by Article 3 of the European Convention on Human Rights. Using the case-law of the U.S. courts, the author analyses the meaning of words used in the Amendment VIII („cruel and unusual punishment”) in relation to their counterpart in the Convention („torture” and „inhuman or degrading treatment or punishment”). The use of particular words in the Amendment VIII causes a limitation of the protection against ill-treatment in the U.S. to criminal proceedings. In the subsequent part the author discusses two typical instances of use of the Amendment VIII: disproportional punishment and overstepping limits of criminalisation. The problem of compensation for ill-treatment is also described. The analysis of the aforementioned issues leads to the conclusion that the U.S. legal system offers a lower standard of protection against ill-treatment than its European counterpart.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69346715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Article 2 of the Constitution of the Republic of Poland invokes the idea of social justice without specifying its understanding. The present analysis deals with the problems of characterising it as equality of opportunities (possibilities) in the form of luck egalitarianism. Based on hypothetical examples, we have attempted to show that the social justice, which consists in the enforcement of equal rights, whether they are maximalist or merely positive, faces serious theoretical obstacles. The article contains three main theses. The first thesis is that it is impossible to enforce equal rights in maximalist terms. The second thesis states that the luck egalitarian project of equalizing opportunities for the younger generation by redistributing resources seized through the liquidation of inheritances shows the incoherence of the rules of justice. The third thesis is that luck egalitarianism violates the principle of consistency. For the above reasons, such an understanding of social justice as equality of opportunity in the form of luck egalitarianism should be excluded from the interpretation of Article 2 of the Polish Constitution.
{"title":"Sprawiedliwość społeczna jako równość szans w postaci egalitaryzmu trafu","authors":"Andrzej Stoiński","doi":"10.31268/ps.2022.129","DOIUrl":"https://doi.org/10.31268/ps.2022.129","url":null,"abstract":"Article 2 of the Constitution of the Republic of Poland invokes the idea of social justice without specifying its understanding. The present analysis deals with the problems of characterising it as equality of opportunities (possibilities) in the form of luck egalitarianism. Based on hypothetical examples, we have attempted to show that the social justice, which consists in the enforcement of equal rights, whether they are maximalist or merely positive, faces serious theoretical obstacles. The article contains three main theses. The first thesis is that it is impossible to enforce equal rights in maximalist terms. The second thesis states that the luck egalitarian project of equalizing opportunities for the younger generation by redistributing resources seized through the liquidation of inheritances shows the incoherence of the rules of justice. The third thesis is that luck egalitarianism violates the principle of consistency. For the above reasons, such an understanding of social justice as equality of opportunity in the form of luck egalitarianism should be excluded from the interpretation of Article 2 of the Polish Constitution.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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