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":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":"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":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":"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 presents a methodological proposal, inspired by the concepts taken from “Political Liberalism” of John Rawls. The purpose of the article is to employ Rawlsian concepts of “public reason” and “social reason” to examine the reasonableness of positive law, i.e. the vision of fundamental justice and the concept of the general good that are manifested in law. The legislative process is seen as a kind of filter for contents representing the so-called background culture transferring it partly to the public reason. The examination of the reasonabless of positive law allows to check whether the law of a democratic community really reflects its goals, visions of the general good and values, or contradicts them. The presented methodology assumes a correction of the Rawlsian individualist vision, by distinguishing three models of reasonableness of law present in contemporary democracies and corresponding to three ways of understanding basic justice and the general good, i.e. the individualist, communitarian and collectivist model.
{"title":"Filozofia polityczna jako narzędzie badania prawa","authors":"M. Chmieliński","doi":"10.31268/ps.2022.112","DOIUrl":"https://doi.org/10.31268/ps.2022.112","url":null,"abstract":"The article presents a methodological proposal, inspired by the concepts taken from “Political Liberalism” of John Rawls. The purpose of the article is to employ Rawlsian concepts of “public reason” and “social reason” to examine the reasonableness of positive law, i.e. the vision of fundamental justice and the concept of the general good that are manifested in law. The legislative process is seen as a kind of filter for contents representing the so-called background culture transferring it partly to the public reason. The examination of the reasonabless of positive law allows to check whether the law of a democratic community really reflects its goals, visions of the general good and values, or contradicts them. The presented methodology assumes a correction of the Rawlsian individualist vision, by distinguishing three models of reasonableness of law present in contemporary democracies and corresponding to three ways of understanding basic justice and the general good, i.e. the individualist, communitarian and collectivist model.","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":"69346363","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 reviewed scientific monograph is the first book devoted entirely to a very important issue: the evolution of the institution of the head of state in Poland from 1918 to 1997. The head of state in this period functioned in various constitutional-legal forms, both individual (Chief of State, President of the Republic of Poland, Chairman of the State National Council) and collegial (Presidium of the State National Council, State Council). These different legal regulations undoubtedly influenced the current construction of the provisions of the Constitution of the Republic of Poland of 1997 pertaining to the President of the Republic of Poland. The main advantage of the monograph, besides the insightful legal analyses, is the presentation of the constitutional practice and the historical background concerning the functioning of the head of state in the analysed period.
{"title":"Głowa państwa polskiego w latach 1918–1997 Recenzja publikacji: Jacek M. Majchrowskii, Historia ustroju Polski 1918–1997. Głowa państwa","authors":"T. Litwin","doi":"10.31268/ps.2022.147","DOIUrl":"https://doi.org/10.31268/ps.2022.147","url":null,"abstract":"The reviewed scientific monograph is the first book devoted entirely to a very important issue: the evolution of the institution of the head of state in Poland from 1918 to 1997. The head of state in this period functioned in various constitutional-legal forms, both individual (Chief of State, President of the Republic of Poland, Chairman of the State National Council) and collegial (Presidium of the State National Council, State Council). These different legal regulations undoubtedly influenced the current construction of the provisions of the Constitution of the Republic of Poland of 1997 pertaining to the President of the Republic of Poland. The main advantage of the monograph, besides the insightful legal analyses, is the presentation of the constitutional practice and the historical background concerning the functioning of the head of state in the analysed period.","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":"69348006","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 this article is to decode the European standards of the right to a court, as found in the jurisprudence of the CJEU and the ECHR in the context of the guarantees of judicial independence and judicial impartiality. The above analysis points out that these standards are constantly contextualised and updated due to changes in the normative environment in particular Member States and in the European Union. However, this does not mean that the essence of the values in question cannot be conceptualised and protected in the practice of both European and national courts, as this very study shows. The guarantees of judicial independence and the related impartiality in genere are of universal nature within the set of principles and values that determine the standards of a democratic state of law.
{"title":"Standardy niezależności sądów i niezawisłości sędziowskiej – wybrane zagadnienia na przykładzie orzecznictwa sądów europejskich","authors":"A. Kalisz","doi":"10.31268/ps.2022.148","DOIUrl":"https://doi.org/10.31268/ps.2022.148","url":null,"abstract":"The aim of this article is to decode the European standards of the right to a court, as found in the jurisprudence of the CJEU and the ECHR in the context of the guarantees of judicial independence and judicial impartiality. The above analysis points out that these standards are constantly contextualised and updated due to changes in the normative environment in particular Member States and in the European Union. However, this does not mean that the essence of the values in question cannot be conceptualised and protected in the practice of both European and national courts, as this very study shows. The guarantees of judicial independence and the related impartiality in genere are of universal nature within the set of principles and values that determine the standards of a democratic state of law.","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":"69348013","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}
Recently, the position of the Marshal’s Guard and the legal status of the guards employed in this formation have changed significantly. Under the provisions of the Act of 26 January 2018, the Marshal’s Guard gained the attribute of militarised service. On the basis of the solutions adopted by this regulation, the guards of the Marshal’s Guard are no longer employees of state offices but officers performing their duties on the basis of a non-employment relationships. Despite the (seemingly) identical regulations, the legal status of the Chief of the Marshal’s Guard has also changed on the basis of the 2018 Act. Currently, the Chief of the Marshal’s Guard can be both an officer of this service and a person without such an attribute. The article attempts to characterise the legal status of the Chief of the Marshal’s Guard, whose position in the state structure does not fit into the model solution used by other pragmatics. In the comparative context the service pragmatics of other militarised formations were also taken into account. Contrary to most regulations, the Chief of the Marshal’s Guard is not a central body of government administration. Besides, the Act of 26 January 2018 on the Marshal’s Guard is the only one that authorises the act of appointment to the post of head of the service not by the Prime Minister, but by the Head of the Chancellery of the Sejm. The publication attempts to establish the possible reasons for the introduction of such normative solutions. In particular, efforts were made to answer the question of whether these solutions are a consequence of the principle of the Sejm’s autonomy. Finally, the employment status of the Chief of the Marshal’s Guard is an issue that requires analysis and is discussed in the article. Taking into account the variety of forms of employment occurring in the militarised services, as well as the lack of precise statutory regulations in this field, the nature (employee or non-employee) of this employment relationship requires clarification.
{"title":"Uwagi o statusie prawnym Komendanta Straży Marszałkowskiej","authors":"Małgorzata Grześków","doi":"10.31268/ps.2022.95","DOIUrl":"https://doi.org/10.31268/ps.2022.95","url":null,"abstract":"Recently, the position of the Marshal’s Guard and the legal status of the guards employed in this formation have changed significantly. Under the provisions of the Act of 26 January 2018, the Marshal’s Guard gained the attribute of militarised service. On the basis of the solutions adopted by this regulation, the guards of the Marshal’s Guard are no longer employees of state offices but officers performing their duties on the basis of a non-employment relationships. Despite the (seemingly) identical regulations, the legal status of the Chief of the Marshal’s Guard has also changed on the basis of the 2018 Act. Currently, the Chief of the Marshal’s Guard can be both an officer of this service and a person without such an attribute. The article attempts to characterise the legal status of the Chief of the Marshal’s Guard, whose position in the state structure does not fit into the model solution used by other pragmatics. In the comparative context the service pragmatics of other militarised formations were also taken into account. Contrary to most regulations, the Chief of the Marshal’s Guard is not a central body of government administration. Besides, the Act of 26 January 2018 on the Marshal’s Guard is the only one that authorises the act of appointment to the post of head of the service not by the Prime Minister, but by the Head of the Chancellery of the Sejm. The publication attempts to establish the possible reasons for the introduction of such normative solutions. In particular, efforts were made to answer the question of whether these solutions are a consequence of the principle of the Sejm’s autonomy. Finally, the employment status of the Chief of the Marshal’s Guard is an issue that requires analysis and is discussed in the article. Taking into account the variety of forms of employment occurring in the militarised services, as well as the lack of precise statutory regulations in this field, the nature (employee or non-employee) of this employment relationship requires clarification.","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":"69367944","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 presents the activities of deputies from the 44th electoral district, which includes: Tarnobrzeg, Kolbuszowa, Mielec, Nisko, in the Legislative Sejm. Taking up the presented local problem is justified by the fact that Polish historians have little interest in the activities of deputies in the life of the Second Polish Republic. In previous publications of the historical center, the parliamentary activity of deputies from the 44th electoral district is in the background. Therefore, the main purpose of the article is to outline the problem raised by these deputies in the parliament. The research has shown that parliamentarians not only addressed current state problems, but also took a number of initiatives relating to local issues, often mundane, nut important for their constituents.
{"title":"Działalność posłów wybranych w 44. okręgu wyborczym (Tarnobrzeg, Kolbuszowa, Mielec i Nisko) na forum Sejmu Ustawodawczego RP w latach 1919–1922","authors":"Tomasz Sumara","doi":"10.31268/ps.2022.108","DOIUrl":"https://doi.org/10.31268/ps.2022.108","url":null,"abstract":"The article presents the activities of deputies from the 44th electoral district, which includes: Tarnobrzeg, Kolbuszowa, Mielec, Nisko, in the Legislative Sejm. Taking up the presented local problem is justified by the fact that Polish historians have little interest in the activities of deputies in the life of the Second Polish Republic. In previous publications of the historical center, the parliamentary activity of deputies from the 44th electoral district is in the background. Therefore, the main purpose of the article is to outline the problem raised by these deputies in the parliament. The research has shown that parliamentarians not only addressed current state problems, but also took a number of initiatives relating to local issues, often mundane, nut important for their constituents.","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":"69346615","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}
Following the Constitution of 1949, India is a democratic republic, a federation of states. However, in the early years of independence, the democratic rules of organising and functioning of the state applied to only two tiers – the federal one and the state one. The local tier remained undemocratic, which resulted in India being a semi-democratic country. Such a situation could not last long. It was necessary to launch reforms to democratise the local system of government and make India a fully democratic country. Numerous attempts at setting up democratic local self-government had been made, but all failed. It was not until the early 1990s that sustainable legal grounds were established for three-tier governance and its implementation began. Thirty years have passed since the Indian decentralisation. This fact induced the author to present the premises, determinants, and effects of the local government system’s democratisation and attempt to evaluate its role in the life of contemporary India.
{"title":"Reformy samorządności lokalnej w Indiach – przesłanki i determinanty","authors":"G. Bywalec","doi":"10.31268/ps.2022.111","DOIUrl":"https://doi.org/10.31268/ps.2022.111","url":null,"abstract":"Following the Constitution of 1949, India is a democratic republic, a federation of states. However, in the early years of independence, the democratic rules of organising and functioning of the state applied to only two tiers – the federal one and the state one. The local tier remained undemocratic, which resulted in India being a semi-democratic country. Such a situation could not last long. It was necessary to launch reforms to democratise the local system of government and make India a fully democratic country. Numerous attempts at setting up democratic local self-government had been made, but all failed. It was not until the early 1990s that sustainable legal grounds were established for three-tier governance and its implementation began. Thirty years have passed since the Indian decentralisation. This fact induced the author to present the premises, determinants, and effects of the local government system’s democratisation and attempt to evaluate its role in the life of contemporary India.","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":"69346680","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}
One way of defining the functions of the parliamentary opposition is to connect them with the functions of the organ in which parliamentary opposition carries out its activities. An analysis of the participation of the opposition in filling of functions on the example of the Polish parliament has already been made, but the research has focused only on the constitutional functions of the Sejm, i.e. the legislative and control functions. For this reason, the aim of this article is to analyse the participation of the opposition in filling of the third, no less important function, which is the creative function. Addressing this issue also stems from the fact that many institutional changes have been introduced in recent years, creating new state organs and changing – in the case of some – the rules of their appointment. In view of the above, the author’s intention was to answer the question whether the status of the opposition had changed as a result of the reforms carried out. Because the lower house of the parliament plays a dominant role in this sphere, the study focuses on the analysis of the participation of the opposition appearing in the Sejm.
{"title":"Partycypacja sejmowej opozycji w wypełnianiu funkcji kreacyjnej","authors":"K. Matuszek","doi":"10.31268/ps.2022.126","DOIUrl":"https://doi.org/10.31268/ps.2022.126","url":null,"abstract":"One way of defining the functions of the parliamentary opposition is to connect them with the functions of the organ in which parliamentary opposition carries out its activities. An analysis of the participation of the opposition in filling of functions on the example of the Polish parliament has already been made, but the research has focused only on the constitutional functions of the Sejm, i.e. the legislative and control functions. For this reason, the aim of this article is to analyse the participation of the opposition in filling of the third, no less important function, which is the creative function. Addressing this issue also stems from the fact that many institutional changes have been introduced in recent years, creating new state organs and changing – in the case of some – the rules of their appointment. In view of the above, the author’s intention was to answer the question whether the status of the opposition had changed as a result of the reforms carried out. Because the lower house of the parliament plays a dominant role in this sphere, the study focuses on the analysis of the participation of the opposition appearing in the Sejm.","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":"69347440","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 is devoted to the legal and constitutional position of the Federal Parliament in the Republic of Argentina. In it, the author analyses those regulations of the constitution that define the place and role of the legislative body within the presidential system of government. First, the author shows the status of the parliament in the light of the constitutional principles of the system and its relationship with other federal bodies. He then points to the principles of election of the two chambers of parliament, its structure and the implementation of the legislative function. He also tries to show the impact of the 1994 constitutional revision on the political position of the National Congress, which resulted in the introduction of certain elements of the parliamentary system into the political system of Argentina.
{"title":"Konstytucyjny status parlamentu federalnego w Republice Argentyńskiej","authors":"Stanisław Bożyk","doi":"10.31268/ps.2022.137","DOIUrl":"https://doi.org/10.31268/ps.2022.137","url":null,"abstract":"The article is devoted to the legal and constitutional position of the Federal Parliament in the Republic of Argentina. In it, the author analyses those regulations of the constitution that define the place and role of the legislative body within the presidential system of government. First, the author shows the status of the parliament in the light of the constitutional principles of the system and its relationship with other federal bodies. He then points to the principles of election of the two chambers of parliament, its structure and the implementation of the legislative function. He also tries to show the impact of the 1994 constitutional revision on the political position of the National Congress, which resulted in the introduction of certain elements of the parliamentary system into the political system of Argentina.","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":"69347766","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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