As a general rule on the territorial scope of treaties, the Vienna Convention on the Law of Treaties of 1969 assumes that a treaty binds each party in respect of its entire territory. However, this is only a presumption, as any party may decide otherwise. In the second half of the 1990s, the European Union concluded the Euro-Mediterranean Association Agreements with Israel and Morocco, which contain in their content, a very generally worded territorial clause, according to which they apply to the territory of the European Union, and Israel or Morocco. However, this seemingly clear and precise rule has in practice caused numerous problems in bilateral relations between the European Union and Israel and between the European Union and Morocco. The purpose of this paper is firstly, to characterise the territorial scope of the Treaties in the light of the case law of the Court of Justice of the European Union, both in theory and in practice, using the example of the trade agreements concluded by the European Union with Israel and Morocco. Secondly, to point out that in practice this scope is much broader, as it includes “third” territories such as those of the West Bank and Gaza Strip. Thirdly, to answer the question whether this practice is compatible with the obligations to respect the principles of the United Nations Charter and international law imposed on the European Union by Articles 3(5) and 21(1) of the Treaty on European Union.
{"title":"Zakres terytorialny stosowania umów handlowych Unii Europejskiej – pomiędzy teorią a praktyką. Uwagi w świetle orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej","authors":"Adriana Kalicka-Mikołajczyk","doi":"10.31268/ps.2022.162","DOIUrl":"https://doi.org/10.31268/ps.2022.162","url":null,"abstract":"As a general rule on the territorial scope of treaties, the Vienna Convention on the Law of Treaties of 1969 assumes that a treaty binds each party in respect of its entire territory. However, this is only a presumption, as any party may decide otherwise. In the second half of the 1990s, the European Union concluded the Euro-Mediterranean Association Agreements with Israel and Morocco, which contain in their content, a very generally worded territorial clause, according to which they apply to the territory of the European Union, and Israel or Morocco. However, this seemingly clear and precise rule has in practice caused numerous problems in bilateral relations between the European Union and Israel and between the European Union and Morocco. The purpose of this paper is firstly, to characterise the territorial scope of the Treaties in the light of the case law of the Court of Justice of the European Union, both in theory and in practice, using the example of the trade agreements concluded by the European Union with Israel and Morocco. Secondly, to point out that in practice this scope is much broader, as it includes “third” territories such as those of the West Bank and Gaza Strip. Thirdly, to answer the question whether this practice is compatible with the obligations to respect the principles of the United Nations Charter and international law imposed on the European Union by Articles 3(5) and 21(1) of the Treaty on European Union.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367330","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 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.
{"title":"Prawne instrumenty oddziaływania głowy państwa na parlament. Case studies systemów politycznych Federacji Rosyjskiej, Republiki Białorusi i Ukrainy","authors":"Maryana Prokop","doi":"10.31268/ps.2022.90","DOIUrl":"https://doi.org/10.31268/ps.2022.90","url":null,"abstract":"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.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367854","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 following review presents a recently published monograph written by Tapio Raunio and Thomas Sedelius which tackles the issue of formal and informal aspects of the semi-presidential model of the political system. The book covers three cases: Finland, Lithuania, and Romania. The authors have thoroughly discussed both the institutions for coordinating cooperation between presidents and prime ministers and the informal paths of presidential influence. Such influences are factors that destabilise the regular coordination of exercising the executive power. It is found that the key factors that destabilise cooperation of presidents and prime ministers are: the political culture of a particular society and the type of political leadership presented by each president.
{"title":"O zagadnieniu współpracy organów władzy wykonawczej w systemach półprezydenckich","authors":"R. Czachor","doi":"10.31268/ps.2022.106","DOIUrl":"https://doi.org/10.31268/ps.2022.106","url":null,"abstract":"The following review presents a recently published monograph written by Tapio Raunio and Thomas Sedelius which tackles the issue of formal and informal aspects of the semi-presidential model of the political system. The book covers three cases: Finland, Lithuania, and Romania. The authors have thoroughly discussed both the institutions for coordinating cooperation between presidents and prime ministers and the informal paths of presidential influence. Such influences are factors that destabilise the regular coordination of exercising the executive power. It is found that the key factors that destabilise cooperation of presidents and prime ministers are: the political culture of a particular society and the type of political leadership presented by each president.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69346430","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}
In January 2021, an unusual precedent was set in the history of the political system of the United States. For the second time in a single term, an incumbent president was impeached by the House of Representatives of the U.S. Congress. Due to the unusual circumstances of the expiration of the president’s term and the change in the balance of power in the upper chamber, the Senate hearing of the charges was accompanied by legal problems of a constitutional nature, for which answers had to be sought in the Constitution itself and in the possible previous practice of Congress. The analysis of Donald Trump’s second impeachment, as the aim of the presented article, seems necessary not only to historically document the specifics of the subsequent acquittal, but also to indicate the dissimilarities accompanying this particular political process.
{"title":"Dwukrotny impeachment prezydenta Donalda Trumpa jako precedens w historii Stanów Zjednoczonych Ameryki","authors":"Izabela Kraśnicka","doi":"10.31268/ps.2022.100","DOIUrl":"https://doi.org/10.31268/ps.2022.100","url":null,"abstract":"In January 2021, an unusual precedent was set in the history of the political system of the United States. For the second time in a single term, an incumbent president was impeached by the House of Representatives of the U.S. Congress. Due to the unusual circumstances of the expiration of the president’s term and the change in the balance of power in the upper chamber, the Senate hearing of the charges was accompanied by legal problems of a constitutional nature, for which answers had to be sought in the Constitution itself and in the possible previous practice of Congress. The analysis of Donald Trump’s second impeachment, as the aim of the presented article, seems necessary not only to historically document the specifics of the subsequent acquittal, but also to indicate the dissimilarities accompanying this particular political process.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69346587","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}
For many years, there has been a discussion in the Polish parliament on the introduction of a limit on the number of terms of office for heads of villages, mayors and presidents. In 2018, the regulation was implemented by the Law and Justice party (Prawo i Sprawiedliwość, PiS). The aim of the article is to find out whether other political parties were also in favor of introducing the two-term limit. Two hypotheses were put forward. According to the first hypothesis, political parties were generally in favour of two-term limits and, according to the second hypothesis, local politicians affiliated with parties were also in favour, while non-party local politicians were sceptical about this change. The validity of the above assumptions was checked on the basis of an analysis of parliamentary work and anonymous interviews with local politicians.
多年来，波兰议会一直在讨论对村长、市长和总统的任期实行限制的问题。2018年，该规定由法律与正义党(Prawo i Sprawiedliwość， PiS)实施。这篇文章的目的是找出其他政党是否也赞成引入两届任期限制。提出了两个假设。根据第一种假设，各政党一般都赞成两届任期的限制，根据第二种假设，各政党所属的地方政治家也赞成，而无党派的地方政治家则对这一变化持怀疑态度。基于对议会工作的分析和对当地政客的匿名采访，上述假设的有效性得到了检验。
{"title":"Dwukadencyjność w debatach parlamentarnych o wprowadzeniu limitacji kadencji wójtów, burmistrzów i prezydentów","authors":"Maciej Drzonek","doi":"10.31268/ps.2022.123","DOIUrl":"https://doi.org/10.31268/ps.2022.123","url":null,"abstract":"For many years, there has been a discussion in the Polish parliament on the introduction of a limit on the number of terms of office for heads of villages, mayors and presidents. In 2018, the regulation was implemented by the Law and Justice party (Prawo i Sprawiedliwość, PiS). The aim of the article is to find out whether other political parties were also in favor of introducing the two-term limit. Two hypotheses were put forward. According to the first hypothesis, political parties were generally in favour of two-term limits and, according to the second hypothesis, local politicians affiliated with parties were also in favour, while non-party local politicians were sceptical about this change. The validity of the above assumptions was checked on the basis of an analysis of parliamentary work and anonymous interviews with local politicians.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347339","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 reign of the Hanoverian dynasty was a period of stability and prosperity in Great Britain, until the 1770s. The perfect symbiosis between the Whig oligarchy and the Crown was the cause of exceptional political stability. During this period, however, there were also neither major constitutional disorders nor sophisticated systematic analyses. According to the author, the most important attempt to describe British political mechanics is the political reflection of David Hume. David Hume, the most eminent British philosopher of the 18th century, is the author of an original and penetrating analysis of British political institutions. Arguing without regard to party sympathies, he broke down Whig and Tory conceptions of political systems, and instead proposed a dynamic vision of Great Britain’s political system, from its past as a barbarian monarchy, through a civilised monarchy, to a mixed modern monarchy. He sees this evolution as a dialectical struggle between power and liberty, the two most important forces that govern political systems. This article presents an attempt to reconstruct Hume’s coherent constitutional theory based on historical, political, and philosophical aspects of his argument. According to the author, all three perspectives form a coherent argument that makes Hume one of the classics of English constitutionalism. The author develops these ideas on the basis of a detailed analysis of Hume’s works, starting with the History of England.
{"title":"Quo vadis Britannia? Davida Hume’a rozważania nad angielską konstytucją","authors":"Tomasz Tulejski","doi":"10.31268/ps.2022.130","DOIUrl":"https://doi.org/10.31268/ps.2022.130","url":null,"abstract":"The reign of the Hanoverian dynasty was a period of stability and prosperity in Great Britain, until the 1770s. The perfect symbiosis between the Whig oligarchy and the Crown was the cause of exceptional political stability. During this period, however, there were also neither major constitutional disorders nor sophisticated systematic analyses. According to the author, the most important attempt to describe British political mechanics is the political reflection of David Hume. David Hume, the most eminent British philosopher of the 18th century, is the author of an original and penetrating analysis of British political institutions. Arguing without regard to party sympathies, he broke down Whig and Tory conceptions of political systems, and instead proposed a dynamic vision of Great Britain’s political system, from its past as a barbarian monarchy, through a civilised monarchy, to a mixed modern monarchy. He sees this evolution as a dialectical struggle between power and liberty, the two most important forces that govern political systems. This article presents an attempt to reconstruct Hume’s coherent constitutional theory based on historical, political, and philosophical aspects of his argument. According to the author, all three perspectives form a coherent argument that makes Hume one of the classics of English constitutionalism. The author develops these ideas on the basis of a detailed analysis of Hume’s works, starting with the History of England.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347528","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 characterises research into the history of parliamentarism of the Polish-Lithuanian Commonwealth conducted in Polish historiography in the 19th century and in the interwar period (until 1939). Due to the wide problematic and chronological range the publication is of a review nature. It presents profiles of the main researchers and the most important historiographical views on the history of the Sejm in the 16th–18th centuries, represented among others by Adolf Pawiński, Walerian Kalinka, Michał Bobrzyński, Władysław Smoleński, Oswald Balzer, Stanisław Kutrzeba, Stanisław Starzyński, and Władysław Konopczyński. This research was of a multi-faceted nature, and was undertaken both by historians of social and political history, as well as historians of law, with particular emphasis on the legal and constitutional research conducted at that time.
{"title":"Z dziejów badań nad parlamentaryzmem Rzeczypospolitej Obojga Narodów w historiografii polskiej (do 1939 r.)","authors":"Lidia Michalska-Bracha","doi":"10.31268/ps.2022.121","DOIUrl":"https://doi.org/10.31268/ps.2022.121","url":null,"abstract":"The article characterises research into the history of parliamentarism of the Polish-Lithuanian Commonwealth conducted in Polish historiography in the 19th century and in the interwar period (until 1939). Due to the wide problematic and chronological range the publication is of a review nature. It presents profiles of the main researchers and the most important historiographical views on the history of the Sejm in the 16th–18th centuries, represented among others by Adolf Pawiński, Walerian Kalinka, Michał Bobrzyński, Władysław Smoleński, Oswald Balzer, Stanisław Kutrzeba, Stanisław Starzyński, and Władysław Konopczyński. This research was of a multi-faceted nature, and was undertaken both by historians of social and political history, as well as historians of law, with particular emphasis on the legal and constitutional research conducted at that time.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347796","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 subject of the opinion is to analyse the problem of admissibility of repeated submission to the Deputies’ Ethics Committee of motions to punish a deputy for the same act in breach of the “Principles of Deputies’ Ethics”. The author claims that once the Committee has adopted a resolution stating the violation of the above principles by a deputy, the submission of subsequent motions concerning the same case becomes groundless. This is because the provisions of the law do not give the Deputies’ Ethics Committee the possibility to return to the already-settled case.
{"title":"Opinia prawna w sprawie dopuszczalności wielokrotnego składania do Komisji Etyki Poselskiej wniosków o ukaranie posła za to samo przewinienie","authors":"Piotr Chybalski","doi":"10.31268/ps.2022.155","DOIUrl":"https://doi.org/10.31268/ps.2022.155","url":null,"abstract":"The subject of the opinion is to analyse the problem of admissibility of repeated submission to the Deputies’ Ethics Committee of motions to punish a deputy for the same act in breach of the “Principles of Deputies’ Ethics”. The author claims that once the Committee has adopted a resolution stating the violation of the above principles by a deputy, the submission of subsequent motions concerning the same case becomes groundless. This is because the provisions of the law do not give the Deputies’ Ethics Committee the possibility to return to the already-settled case.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"4658 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347842","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 commented judgment is the voice of the jurisprudence in matters which are highly controversial and in which different lines of case law clash. This mainly concerns the issues of omission of the order in the scope of the maintenance obligation towards the person requiring care, which may be directly related to the questioning the nature of the decision granting the nursing benefit, as a bound, and not a discretionary decision, as well as allowing persons who provide care to apply for the benefit in situations where the person requiring care is married but the spouse for various reasons does not provide such care. It should be stated that the position of the Administrative Court in Białystok pointing to the possibility of granting a nursing benefit to the actual guardian, one of the family members (siblings of the person requiring care) in a situation where the disabled person is married, the spouse does not take care of him or her, and does not have a certified degree of disability, while at the same time there are other persons who do not exercise care over the disabled person, but are obliged to pay alimony, is incorrect.
{"title":"Glosa do Wyroku Wojewódzkiego Sądu Administracyjnego w Białymstoku z dnia 23 listopada 2021 r., sygn. akt II SA/Bk 660/21","authors":"A. Modrzejewski","doi":"10.31268/ps.2022.146","DOIUrl":"https://doi.org/10.31268/ps.2022.146","url":null,"abstract":"The commented judgment is the voice of the jurisprudence in matters which are highly controversial and in which different lines of case law clash. This mainly concerns the issues of omission of the order in the scope of the maintenance obligation towards the person requiring care, which may be directly related to the questioning the nature of the decision granting the nursing benefit, as a bound, and not a discretionary decision, as well as allowing persons who provide care to apply for the benefit in situations where the person requiring care is married but the spouse for various reasons does not provide such care. It should be stated that the position of the Administrative Court in Białystok pointing to the possibility of granting a nursing benefit to the actual guardian, one of the family members (siblings of the person requiring care) in a situation where the disabled person is married, the spouse does not take care of him or her, and does not have a certified degree of disability, while at the same time there are other persons who do not exercise care over the disabled person, but are obliged to pay alimony, is incorrect.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347970","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 concerns the stability of a specific political system based on the so-called non--codified constitution, which was formed in the State of Israel. The main goal is to present and characterise the systemic position of the Supreme Court in this country and, above all, the competences of this body in the field of maintaining political stability and public order. There are two main hypotheses in the paper. According to the first one, the Supreme Court is especially predestined to perform stability functions. According to second hypothesis a system based on an uncodified constitution supports the actions of the Supreme Court aimed at achieving a state of political stability. In the course of the analysis, tools from such disciplines as political theory, jurisprudence and the science of constitutional law were used. At the beginning of the article, the research perspective was defined, the most important element of which is the operationalization of the general concept of “stability” and the concept of “political stability”.
{"title":"Rola Sądu Najwyższego Państwa Izrael w kontekście stabilności ustroju politycznego opartego na konstytucji nieskodyfikowanej","authors":"Łukasz Perlikowski","doi":"10.31268/ps.2022.89","DOIUrl":"https://doi.org/10.31268/ps.2022.89","url":null,"abstract":"The article concerns the stability of a specific political system based on the so-called non--codified constitution, which was formed in the State of Israel. The main goal is to present and characterise the systemic position of the Supreme Court in this country and, above all, the competences of this body in the field of maintaining political stability and public order. There are two main hypotheses in the paper. According to the first one, the Supreme Court is especially predestined to perform stability functions. According to second hypothesis a system based on an uncodified constitution supports the actions of the Supreme Court aimed at achieving a state of political stability. In the course of the analysis, tools from such disciplines as political theory, jurisprudence and the science of constitutional law were used. At the beginning of the article, the research perspective was defined, the most important element of which is the operationalization of the general concept of “stability” and the concept of “political stability”.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367511","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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