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Journal articles on the topic 'The Constitution of the Republic of Poland'

Author: Grafiati

Published: 24 April 2022

Last updated: 18 July 2025

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1

Kaczmarczyk-Kłak, Katarzyna. "The principle of property protection in the Constitutionof the Republic of Poland - past and present." Nieruchomości@ III (September 30, 2023): 121–46. http://dx.doi.org/10.5604/01.3001.0053.8970.

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The purpose of this article is to present ownership as defined in the Constitution. The authoranalyses the issue from its recognition in the Constitutions of the interwar period, the Constitutionof 1952, to the current understanding in the Constitution of 1997. The problem ofinterpretation of ownership in selected jurisprudence of the Constitutional Tribunal, commonand administrative courts, as well as the limits of its protection is presented

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2

Patlachuk, Vasyl. "Comparative analysis of quantitative indicators of Polish Constitutions." Legal Ukraine, no. 10 (November 27, 2020): 34–41. http://dx.doi.org/10.37749/2308-9636-2020-10(214)-6.

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The process of development of Polish constitutionalism is considered in the work. The first legal act, which had the features of the Constitution were the Articles of King Henry of Valois. The reason for preparing this document was the need to conclude an agreement between the heir to the French throne and the Polish nobility, who wanted to preserve their rights and freedoms. The content of this document was influenced by the Great Charter of Freedoms «Magna Garta» of 1215, which reflected the mechanism of limiting state power through the establishment of material and procedural requirements f

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3

Skorut, Paweł. "Odwołania do Konstytucji RP z 17 marca 1921 roku i ewolucja rozwiązań konstytucyjnych w projektach ustawy zasadniczej RP z lat 90. XX wieku. Analiza zagadnienia na wybranych przykładach." Studia Środkowoeuropejskie i Bałkanistyczne 30 (2021): 121–42. http://dx.doi.org/10.4467/2543733xssb.21.010.13803.

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References to the Polish Constitution of March 17, 1921 and the Evolution Constitutional Solution in the draft Constitution of the Republic of Poland of the 1990s. An Analysis of Selected Examples The Polish constitutional drafts from the 1990s were one of the source texts of the 1997 Constitution of the Republic of Poland. Some of them tried very hard to refer to the solutions of the Polish Constitution of 1921. The article carried out an analysis to what extent the individual constitutional drafts referred to the solutions of the 1921 Constitution. The analysis of constitutional drafts and t

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Wojnicki, Jacek. "The constitutionalization of political parties in Poland – evolution or change?" Studia Politologiczne 2020, no. 57 (2020): 60–76. http://dx.doi.org/10.33896/spolit.2020.57.4.

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The article discusses the evolution of constitutional solutions concerning the, issue of political groups. The subject of the analysis includes successive Polish constitutions, beginning with the March Constitution1. At the same time the development of statutory, regulations referring to the functioning of political parties is shown. These Polish regulations, are aligned with the European tendency to constitutionalize political parties. Although, Poland experienced a delay compared to the countries of Western Europe, as a result of the, nondemocratic system of the Polish People’s Republic, the

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Grzybowski, Marian. "Relacje między Konstytucją a aktami prawa Unii Europejskiej w orzeczeniach polskiego Trybunału Konstytucyjnego i Sądu Konstytucyjnego Republiki Litewskiej (20 lat doświadczeń orzeczniczych: 2004–2024)." Miscellanea Historico-Iuridica 23, no. 2 (2024): 251–75. https://doi.org/10.15290/mhi.2024.23.02.10.

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Thee binding constitutions of both, the Republic of Lithuania of October 25, 1992 and the Constitution of the Republic of Poland of April 2, 1997, were developed and afterwards approved in respective national referendum before Lithuania and Poland joined the European Union on May 1, 2004. Immediately after accession, the issue of relationship between constitutional provisions in Lithuania and Poland and the acts of EU laws, their direct application and possible priority in the event of a conflict with statutory regulations and the other act of national law became the sphere which required dili

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Haczkowska, Monika. "Le garanzie del lavoro dignitoso nella Costituzionale della Repubblica di Polonia." Vergentis. Revista de Investigación de la Cátedra Internacional conjunta Inocencio III, no. 17 (March 20, 2024): 59–78. https://doi.org/10.12800/vg.17.3.

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The concept of decent work is not explicitly defined in the Constitution of the Republic of Poland of April 2, 1997. This does not mean, however, that "dignity" and the "right to decent work" are not subject to constitutional protection. In the text of the Constitution of the Republic of Poland, you can find many provisions relating to this concept, which were developed at the legislative level, mainly in the Labor Code. Analyzing the text of the Constitution of the Republic of Poland of 1997, it can be concluded that the Constitution of the Republic of Poland sets a high standard of protectio

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7

Marchuk, M. "Basic doctrinal approaches to understanding the function of the “custodian” of the constitution of the President of the Republic of Poland." Uzhhorod National University Herald. Series: Law 2, no. 72 (2022): 241–46. http://dx.doi.org/10.24144/2307-3322.2022.72.75.

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The article outlines the main doctrinal approaches to understanding the role of the President of the Republic of Poland in protecting the Constitution of the Polish state. It is stated that despite the fact that the protection of the Constitution is legally recognized as one of the key functions of the President of the Republic of Poland as the head of state, the Polish constitutional doctrine lacks a clear vision of the actual filling of this function with relevant powers. It is emphasized that this situation is due to the type of republican form of government in Poland and the specifics of t

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8

Presnarowicz, Łukasz. "Konstytucyjny obowiązek ponoszenia ciężarów i świadczeń publicznych jako zasada konstytucyjna." Przegląd Prawa Konstytucyjnego 80, no. 4 (2024): 153–65. http://dx.doi.org/10.15804/ppk.2024.04.12.

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The Constitution of the Republic of Poland is a legal act of the highest rank in Poland. The norms contained therein form the basis for the regulation of numerous branches of law (including tax law), constituting its foundation. Article 84 of the Constitution of the Republic of Poland stipulates the universality, equality and fairness of taxation. This provision undoubtedly has an impact on the entire branch of law, which is financial law, especially tax law. With this in mind, it seems appropriate to pose a hypothesis according to which the obligation under Article 84 of the Constitution cons

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9

Michalski, Dawid. "Constitutional Norms in the Polish and Finnish Constitutions of the Interwar Period." Studia Iuridica 80 (September 17, 2019): 235–49. http://dx.doi.org/10.5604/01.3001.0013.4811.

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In the interwar period, intensified activity aimed at constitutional legislation is observed. This also concerned the Second Republic of Poland and the Republic of Finland, in which breakthrough acts were adopted. In Poland, two uniform constitutions were in force, significantly affecting the evolution of the state system in this period – the March Constitution of 1926 and the April Constitution of 1935. In Finland, one constitution was created, but of a complex nature – four legal acts were adopted in the period of 1919-1928. While in the Second Republic of Poland, in principle until the so-c

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Kulesza, Władysław. "Konstytucja z 17 marca 1921 r. na tle powojennych konstytucji republikańskich w Europie 1919–1922." Przegląd Konstytucyjny, no. 1 (2022) (June 2022): 25–67. http://dx.doi.org/10.4467/25442031pko.22.002.15728.

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The Constitution of 17 March 1921 against the background of the post-war republican constitutions in Europe 1919–1922 After Poland regained its independence in November 1918, the parliament, acting as a constitutional body, enacted the Constitution of the Republic of Poland on 17 May 1921. It is worth setting this event against a broader background. After the First World War, new constitutions were created in Eastern Europe, in particular in those states that had to build their political system from scratch, for example because they appeared on the map of Europe for the first time in history o

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Hadała-Skóra, Anna, and Sabina Grabowska. "The Duty to Care for the State of the Environment in Polish Constitutional Regulations." Reality of Politics 10, no. 1 (2019): 103–21. http://dx.doi.org/10.15804/rop201907.

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According to the Polish constitutional tradition, regulations concerning the duties of man and citizen can be found in chapter II of the Constitution of the Republic of Poland devoted to the rights and freedoms of the Polish Constitution, specifically in Articles 82-86 inclusive. The Constitution devotes relatively little space to its duties, and the catalog indicated therein is not extensive. The purpose of articulating obligations in the Constitution of the Republic of Poland is primarily to emphasize the most important ones from the point of view of the state, society and individual. In eac

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12

Jamróz, Lech. "Sprawozdanie z konferencji naukowej pt. „Stan przestrzegania Konstytucji RP – diagnoza”, Senat RP, Warszawa, 11 czerwca 2024 r." Przegląd Sejmowy 3-4(182-183) (2024): 237–44. https://doi.org/10.31268/ps.2024.250.

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On 11 June 2024, a conference entitled “The State of Observance of the Constitution of the Republic of Poland – Diagnosis” was held at the seat of the Senate of the Republic of Poland. The conference was co-organised by the Polish Association of Constitutional Law and the Senate of the Republic of Poland. The aim of this scientific meeting was to exchange views and formulate a position on the methods and possibilities of restoring the rule of law and the participation of Polish constitutionalists in this process. The conference was the culmination of work on the Report on the State of Observan

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13

Radziewicz, Piotr. "Opinia prawna w sprawie konstytucyjności poselskiego projektu ustawy – Przepisy wprowadzające ustawę o Trybunale Konstytucyjnym z dnia 6 marca 2024 r." Przegląd Sejmowy 5(185) (2024): 153–66. https://doi.org/10.31268/ps.2024.259.

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Legal Opinion on the Compatibility with the Constitution of the Republic of Poland of the Draft Act – Provisions Introducing the Act on the Constitutional Tribunal of 6 March 2024 The subject of analysis is the compliance with the Constitution of the Republic of Poland of the norms of the draft act – Provisions Introducing the Act on the Constitutional Tribunal (ver. no. 254/X Term), which addresses the legal status of judgements issued by this body in situation when some of its members were not authorised to adjudicate. This opinion addresses the finality of judgements made by the Constitutio

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Bator-Bryła, Monika. "Restrictions on Movement During the Covid-19 Pandemic in the Light of Constitutional Freedom of Movement in the Republic of Poland." Przegląd Prawa Konstytucyjnego 66, no. 2 (2022): 95–108. http://dx.doi.org/10.15804/ppk.2022.02.08.

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The aim of the publication is to present the key issues regarding legal forms of restrictions on freedoms and rights (especially freedom of movement) without the simultaneous introduction of one of the constitutional states of emergency during the Covid-19 pandemic in the Republic of Poland and their assessment in terms of compliance with the Constitution. An important issue is the restriction of freedom of movement by the executive without proper authorization by statute. Despite the lack of the authorization in question, the Minister of Health introduced a ban on movement under the provision

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15

Truszkowski, Mikołaj, and Anna Warston. "Glosa do Wyroku Trybunału Konstytucyjnego z dnia 13 grudnia 2022 r., sygn. akt K 3/22." Przegląd Sejmowy 3-4(182-183) (2024): 137–52. https://doi.org/10.31268/ps.2024.245.

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The discussed judgement of the Constitutional Tribunal of 13 December 2022, ref. no. K 3/22 refers to the age restriction for candidates for judicial and prosecutorial apprenticeships established as a result of the amendment of July 2018. The Constitutional Tribunal ruled that it was inconsistent with the provisions of the Constitution of the Republic of Poland, adopting Article 60 in conjunction with Article 31(3) of the Constitution of the Republic of Poland as the model of control. However, the Constitutional Tribunal found it unnecessary to examine the legality of the contested provisions

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Hadała-Skóra, Anna, and Karol Piękoś. "Preventive control of the constitutionality of laws from 1997 to 2020 – a comparative analysis." Polityka i Społeczeństwo 20, no. 4 (2022): 122–33. http://dx.doi.org/10.15584/polispol.2022.4.8.

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The President of the Republic of Poland, by virtue of Article 122(3) of the Constitution of the Republic of Poland of 2 April 1997, has the exclusive competence to initiate preventive control of regulations before the Constitutional Tribunal aimed at examining their constitutionality. The essence of this action is to seek to check those regulations that raise doubts in the President's mind as to their compatibility with the Constitution. Legal regulations concerning the procedure for removing inconsistencies are set out both in the Constitution of the Republic of Poland and in the Regulations

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17

Piotrowski, Ryszard. "Zgodność z Konstytucją RP projektu ustawy o Trybunale Konstytucyjnym (druk sejmowy nr 253)." Zeszyty Prawnicze Biura Analiz Sejmowych 83, no. 3 (2025): 138–46. https://doi.org/10.31268/zpbas.2024.58.

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The opinion identifies the proposed provisions of the Bill which in the author’s view do not conform to the Constitution of the Republic of Poland. These include provisions concerning: the possibility of submitting a request for the institution of disciplinary proceedings against a judge of the Tribunal by a retired judge of the Constitutional Tribunal, the possibility of appointing a person bringing disciplinary charges and judges to the bench from among retired judges of the Constitutional Tribunal, and the possibility of submitting a request for the institution of disciplinary proceedings a

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18

Jabłoński, Mariusz, Anna Młynarska-Sobaczewska, Artur Olechno, Konrad Składowski, and Jacek Zaleśny. "The Constitution of the Republic of Poland and confiscation of assets." Białostockie Studia Prawnicze 28, no. 1 (2023): 269–80. http://dx.doi.org/10.15290/bsp.2023.28.01.15.

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Abstract Sanctions, including individual sanctions, relating to property usually apply with war conflicts. Their imposition by international subjects in domestic law raises the question of whether the Constitution of the Republic of Poland allows for the expropriation considered to be related to the attacking state, since, regardless of external circumstances, Poland remains a constitutional state which protected a property. In the article we argue that on the basis of the current Constitution of the Republic of Poland, it is not permissible to seizure the property of private entities consider

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19

de Raadt, Jasper. "Contested Constitutions." East European Politics and Societies: and Cultures 23, no. 3 (2009): 315–38. http://dx.doi.org/10.1177/0888325409333192.

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What were the effects of constitution-making procedures on the acceptance of the new “rules of the political game” in postcommunist Central Europe? This article sets out to scrutinise the increasingly popular claim among politicians and scholars of democratisation that inclusiveness and popular involvement in constitution-making processes enhance a constitution's legitimacy. The concept of constitutional conflict, referring to political contestation over the interpretation and application of constitutional relations among state institutions, is introduced as a way to assess constitutional acce

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20

ECKHARDT, Krzysztof. "STRUCTURE OF BODIES OF PUBLIC AUTHORITY AND ARRANGEMENT OF THEIR COMPETENCES IN THE STATE OF EMERGENCY IN THE LIGHT OF POLISH CONSTITUTIONAL REGULATIONS." Coordinates of Public Administration, no. 2 (February 2, 2025): 9–25. https://doi.org/10.62664/cpa.2024.02.01.

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The application of the institution of a state of emergency can cause a change in this normal structure of bodies and in their competencies. This is because the state is faced by tasks that require actions that go beyond this normality. These may consist of: the creation of special bodies competent only for a state of emergency, the abolition or suspension of the operation of certain bodies, the assumption of the competencies of one body by another, changes in the interdependence between bodies, and the expansion of the competencies of state authorities. Some of these changes involve taking ove

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21

Kurzynoga, Małgorzata. "Praca na własny rachunek w świetle Konstytucji Rzeczypospolitej Polskiej." Studia z zakresu Prawa Pracy i Polityki Społecznej 29, no. 3 (2022): 291–304. http://dx.doi.org/10.4467/25444654spp.22.024.16569.

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Self-employment in the light of the Polish Constitution The aim of the article is to indicate the legal basis for the protection of self-employed work in the Constitution of the Republic of Poland. The author discusses the subjective scope of workers’ rights guaranteed in the constitutional law and indicates the arguments justifying the thesis that it is not possible to define a “constitutional worker” on the basis of the provisions of the Polish Constitution. Attention has also been paid to limitations on the exercise of collective rights by the self-employed persons arising from ordinary law

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22

Ożóg, Michał. "Legal Protection of Life in the Constitutions of the Republic of Poland of March 17, 1921 and April 2, 1997." Miscellanea Historico-Iuridica 21, no. 2 (2022): 153–76. http://dx.doi.org/10.15290/mhi.2022.21.02.07.

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The issue of legal protection of life from Article 38 of the 1997 Constitution is one of the most important dilemmas of modern Polish law. This issue was already regulated in the March Constitution. The purpose of the article is to present the normative content of the legal protection of life on the basis of both constitutions. The research objective is to determine the importance of the two constitutions in providing legal protection of life in the context of the tasks of the ordinary legislature and the importance of judicial decisions. The text confronts the assumptions of the system legisl

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Rytel-Warzocha, Anna, and Maxim Tomoszek. "Dispersed constitutional review in the Czech and Polish legal systems – a permanent constitutional practice or a need of the moment?" Gubernaculum et Administratio 29, no. 2 (2024): 189–201. http://dx.doi.org/10.16926/gea.2024.01.02.11.

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Both in Poland and the Czech Republic, the basic model of constitutional review is the model of centralised review carried out by a specialised body, which is respectively the Constitutional Tribunal and the Constitutional Court. Nevertheless, despite the fact that the Constitution of neither country refers directly to the power of the courts to review the constitutionality in the process of law application, in both Poland and the Czech Republic such power can be interpreted from the provisions of the Constitution, as confirmed by both the doctrine and the jurisprudential practice of the court

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Wójtowicz, Krzysztof. "Main Theses of the Papers Presented at the Conference “The Standing Orders of the Sejm in Parliamentary Practice” on 11 January 2000." Przegląd Sejmowy 1(186) (2025): 17–30. https://doi.org/10.31268/ps.2025.278.

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The article presents the main theses of the papers presented by Leszek Garlicki, Marcin Kudej, Jerzy Góral and Marek Zubik. The first two speakers referred primarily to the features of the Standing Orders of the Sejm of the Republic of Poland and their place in the Polish legal system. The Standing Orders of the Sejm of the Republic of Poland, adopted as a resolution, express the organisational autonomy of the Sejm of the Republic of Poland and, in accordance with the Polish constitutional tradition, remain a uniform, permanent and normative act. The Standing Orders of the Sejm of the Republic

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Patyra, Sławomir, and Joanna Smarż. "Idea pluralizmu samorządów zawodowych – refleksje na tle wniosków skierowanych do Trybunału Konstytucyjnego o zbadanie zgodności z Konstytucją Rzeczypospolitej Polskiej ustawy Prawo o adwokaturze, ustawy o radcach prawnych oraz ustawy o izbach lekarskich." Przegląd Sejmowy 5(185) (2024): 50–69. https://doi.org/10.31268/ps.2024.254.

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The article focuses on the role and importance of self-regulatory bodies of public trust professions, in the light of Article 17 of the Constitution of the Republic of Poland of 2 April 1997, in the context of applications submitted to the Constitutional Tribunal to examine the compliance with the Constitution of the Republic of Poland of the provisions guaranteeing the pluralism of the functioning of these self-regulatory bodies. Based on the analysis of the provisions of the Constitution of the Republic of Poland, the views of the doctrine and the positions expressed in the judgements of the

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Szmyt, Andrzej. "DRAFT LAW ON AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC OF POLAND." Law Review of Kyiv University of Law, no. 4 (December 7, 2023): 276–82. http://dx.doi.org/10.36695/2219-5521.4.2023.53.

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On 24 February 2022 Russian Federation commenced its aggression against Ukraine. As a result, the Republic of Poland – as an immediate neighbouring state of Ukraine – was faced with the challenge of preventing actions that could support Russian aggression and supporting those affected by hostilities on the territory of Ukraine. Russia’s actions also affect Poland’s internal security, including through the influx of a wave of refugees, which has changed the mode of operation of our state. In this geopolitical situation, a parliamentary bill to amend the Constitution of the Republic of Poland wa

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Piotrowski, Ryszard. "WOJNA I POKÓJ W KONSTYTUCJI RP." Studia Iuridica, no. 91 (November 12, 2022): 300–319. http://dx.doi.org/10.31338/2544-3135.si.2022-91.17.

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Art. 116 of the Constitution of the Republic of Poland provides that a state of war and the conclusion of peace are declared by the Sejm acting in the name of the Republic of Poland. These two notions, having no constitutional definition, come under the rubric of established notions, i.e. concepts whose meaning derives from doctrinal findings and provisions of law, as well as from constitutional principles and values. The Sejm’s power to declare a state of war and, consequently, declare the conclusion of peace is part of Polish system-of-governance traditions. The parliament’s power to declare

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Michałek, Krzysztof. "ART. 139 OF THE CONSTITUTION WITH REGARD TO THE POSSIBILITY OF APPLYING THE RIGHT OF CLEMENCY TO PERSONS NOT CONVICTED BY A FINAL COURT SENTENCE." Roczniki Administracji i Prawa 3, no. XXIV (2024): 31–42. http://dx.doi.org/10.5604/01.3001.0054.7533.

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The paper discusses the legal possibilities of applying the right of clemency by the President of the Republic of Poland to persons who have not been convicted by a final judgment. The purpose of the article was to verify the hypothesis that the Polish Constitution, more specifically, Article 139. does not give the President of the Republic of Poland the power of individual abolition, that is, the application of the right of clemency to people who have not been convicted by a final judgment. The opinions of constitutionalists Prof. Ewa Łętowska, Prof. Andrzej Zoll, Prof. Ryszard Piotrowski, Pr

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Więckiewicz, Rafał. "Zasada dobra wspólnego jako podstawa społeczeństwa obywatelskiego w Polsce." Przegląd Prawa Konstytucyjnego 77, no. 1 (2024): 83–94. http://dx.doi.org/10.15804/ppk.2024.01.06.

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The article concerns the constitutional sources of civil society in Poland. Although the Polish Constitution does not refer directly to civil society, it expresses its key values and assumptions in numerous provisions. The constitutional principle of the common good should be regarded as the basis of civil society in the Republic of Poland. The article indicates the links between the principle of the common good and the constitutional model of civil society. The axiological convergence of both categories mentioned is based, inter alia, on the respect for civic rights and freedoms, but also on

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Syryt, Aleksandra. "Some Remarks on Dignity in the Jurisprudence of the Polish Constitutional Tribunal." International and Comparative Law Review 24, no. 1 (2024): 139–56. https://doi.org/10.2478/iclr-2024-0009.

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Summary Human dignity is a legal category that emerged in the 20th century due to the experiences of World War II and totalitarianism. Today, it is a recurring theme in international and national laws, including constitutions. In Poland, public authorities are mandated to uphold and safeguard dignity. The Constitution of the Republic of Poland elevates the concept of dignity to a legal norm that guides the actions of public authorities. The Constitutional Tribunal has made several statements about dignity, which provide a comprehensive understanding of the subject from various perspectives. Th

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Kobetska, N. R. "Constitutional principles of the institute of environmental rights in the Polish legal system." Uzhhorod National University Herald. Series: Law 2, no. 84 (2024): 187–94. http://dx.doi.org/10.24144/2307-3322.2024.84.2.25.

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The purpose of the publication is to present the features of the normative consolidation of environmental rights in the Polish legal system based on the systematic interpretation of the provisions of the Constitution of the Republic of Poland, legislative acts and the practice of their application, taking into account the analysis of the results of scientific research by Polish environmental lawyers. Based on a systematic analysis of the provisions of the Polish Constitution, the article singles out three groups of constitutional prescriptions that are directly or indirectly related to the est

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Woźnicki, Marek. "Constitutional Principles of Electoral Law in Local Government Elections in Poland and European Solutions – Contribution to the Discussion." Przegląd Prawa Administracyjnego 5 (October 17, 2023): 171–87. http://dx.doi.org/10.17951/ppa.2022.5.171-187.

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The subject of the article is an attempt to compare the constitutional principles of holding local government elections in Poland and in other EU countries. Preliminary studies of this issue indicate that in the case of elections of the constitutive bodies of local government units, three model solutions may be indicated: (1) lack of regulation of the principles of electoral law in the constitution, which means that the ordinary legislator is left with some freedom in regulation of this issue; (2) constitution regulates a limited catalogue of the principles of electoral law (usually two or thr

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Szwed, Marcin. "Opinia prawna w sprawie konstytucyjności poselskiego projektu ustawy – Przepisy wprowadzające ustawę o Trybunale Konstytucyjnym z dnia 6 marca 2024 r." Przegląd Sejmowy 6(185) (2024): 177–90. https://doi.org/10.31268/ps.2024.273.

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The opinion concerns the compliance with the Constitution of the Republic of Poland of the parliamentary draft act – Provisions Introducing the Act on the Constitutional Tribunal (ver. no. 254/X Term). The text focuses on the proposed regulations concerning the effects of rulings issued by the Constitutional Tribunal with the participation of persons not authorised to adjudicate. In this regard, it points out that declaring such rulings invalid could lead to consequences threatening legal certainty of the law and thus violate Article 2 of the Polish Constitution. The opinion also highlights th

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Syryt, Aleksandra. "Issues Relating to Migration and Refugees in the Constitution of the Republic of Poland and the Jurisprudence of the Constitutional Tribunal." Law, Identity and Values 3, no. 2 (2023): 283–309. http://dx.doi.org/10.55073/2023.2.283-309.

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Issues relating to migration and refugees are becoming increasingly important worldwide, requiring various kinds of analyses, including legal analyses. Poland is no exception. Owing to its binding international agreements, the country must ensure certain standards for the protection of migrants and refugees. Although primarily established by international law, the national legal framework is also relevant. Certain standards are derived from the Constitution of the Republic of Poland and the jurisprudence of the Constitutional Tribunal. Although the Polish Constitution does not mention migrants

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35

Marczewska-Rytko, Maria. "Direct Democracy in France and Poland. A Comparative Analysis." Annales Universitatis Mariae Curie-Skłodowska, sectio K – Politologia 30, no. 2 (2024): 7–31. http://dx.doi.org/10.17951/k.2023.30.2.7-31.

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The aim of this article is to conduct a comparative analysis of direct democracy in France and Poland. In the research process, three research questions were formulated: 1) What is the tradition of direct democracy in France and Poland?; 2) What are the solutions characteristics of direct democracy in the constitutions of France and Poland, and other legal acts in these countries?; 3) What are the practical applications of direct democracy tools at the national and local levels in France and Poland?. An analysis of legal acts constituting the legal basis for direct democracy in France and Pola

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Solomiia, Scrobach. "Impact of traditions and state formation experience on constitution creation and development of constitutional process." ScienceRise: Juridical Science, no. 1(7) (March 29, 2019): 15–18. https://doi.org/10.15587/2523-4153.2019.160756.

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In this paper the author analyzes the views of scientists on the constitution formation as a natural process in accordance with the national traditions and state formation experience. The author pays attention to the works of Charles-Louis de Montesquieu, A.V. Dicey, E. Burke, G. F. Puchta, devoted to the issues of the distribution of state power, the choice of form government, nature of laws, characteristic features of constitutions. The influence of the experience of organizing public authority on the development of the constitutional process is analyzed. In particular, the author analyzes t

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Dąbrowski, Marcin. "Gwarant czy arbiter? Rola Prezydenta Rzeczypospolitej Polskiej w świetle art. 126 ust. 1 Konstytucji Rzeczypospolitej Polskiej." Przegląd Prawa Konstytucyjnego 68, no. 4 (2022): 27–40. http://dx.doi.org/10.15804/ppk.2022.04.02.

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The author of the study claims that assigning the role of an arbitrator to the President of the Republic of Poland is incorrect. It is a misleading reference to the constitutional position of the President of the Fifth French Republic, who vests much stronger power. It deprives the function of the guarantor of the continuity of power, referred to in Art. 126 (1) of the Constitution of the Republic of Poland, of its content and systemic significance. The President of the Republic is not impartial and apolitical and takes part in the implementation of state policy. These features prevent him fro

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Urbaniak, Krzysztof. "THE DIVISION OF COMPETENCE IN THE AREAS OF STATE SECURITY AND FOREIGN AFFAIRS WITHIN THE EXECUTIVE BRANCH IN LIGHT OF THE 1997 CONSTITUTION OF THE REPUBLIC OF POLAND." Przegląd Strategiczny, no. 10 (December 15, 2017): 209–22. http://dx.doi.org/10.14746/ps.2017.1.11.

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Pursuant to Article 10 of the Constitution of the Republic of Poland, executive power is vested in the President of the Republic of Poland and the Council of Ministers. Implemented in Poland, the dualism of the executive branch creates a problem with the division of duties and competence between the cabinet and the head of state. This paper analyses the division of powers within the executive branch in the areas of state security and foreign policy. The analysis of the constitutional provisions and the political practice indicates that the model of cooperation between the President and the cab

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Vaičaitis, Vaidotas A. "The Multi-Stage Adoption of the 1992 Lithuanian Constitution in Comparative Perspective and Some Constitutional Paradoxes." Journal of the University of Latvia. Law 16 (October 16, 2023): 7–17. http://dx.doi.org/10.22364/jull.16.01.

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This article is the first attempt to analyse the Constitution of the Republic of Lithuania of 1992 from the perspective of the comparative concept of multi-stage constitution-making. The article consists of three parts: the first two explain, why the 1992 Lithuanian Constitution is not only a result of the 1989–1992 political and legal events in the country, but also bears some conceptual similarities in the latter legal steps with those of 1918–1922. From a comparative perspective, we can see that the multi-stage constitution-making in Lithuania (as well as other Baltic states) in the late 19

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Szczepański, Dominik. "Propozycje zmiany (w) konstytucji w refleksji teoretycznej Prawa i Sprawiedliwości." Studia Politologiczne, no. 3/2023(69) (July 10, 2023): 191–209. http://dx.doi.org/10.33896/spolit.2023.69.12.

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This article presents a theoretical reflection on the proposal to amend the Constitution of the Republic of Poland undertaken by Law and Justice. It analyses the postulates for a radical, comprehensive change to the constitution presented in the party’s programme documents, as well as in the twice-ambitious drafts of the Constitution of the Republic of Poland prepared by the Law and Justice party.

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Tyszkiewicz, Magdalena. "Internal legal acts in the Polish constitutional system." Gubernaculum et Administratio 1(25) (2022): 249–67. http://dx.doi.org/10.16926/gea.2022.01.16.

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The author analyses art. 93.1 of the Constitution of Republic of Poland stating that “Resolutions of the Council of Ministers and orders of the Prime Minister and ministers shall be an internal character and shall bind only those organizational units subordinate to the organ which issues such act”. These internal acts are different from the “sources of universally binding law of the Republic of Poland” which includes: the Constitution, statutes, ratified international agreements, and regulations (art. 87.1 of the Constitution). This dichotomy is generally clear and has a special meaning for pr

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Litwin, Tomasz. "Głowa państwa polskiego w latach 1918–1997 Recenzja publikacji: Jacek M. Majchrowskii, Historia ustroju Polski 1918–1997. Głowa państwa." Przegląd Sejmowy 5(172) (2022): 251–59. http://dx.doi.org/10.31268/ps.2022.147.

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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 pe

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Zwolak, Sławomir. "The Freedom of Construction and Obligations to Maintain Building Structures." Roczniki Nauk Prawnych 28, no. 2 ENGLISH ONLINE VERSION (2019): 115–33. http://dx.doi.org/10.18290/rnp.2018.28.2-8en.

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The subject of the study is the issue of freedom of construction, shown against the background of obligations relating to the maintenance of buildings. The source of building freedom is the constitutional principle of property protection, which provides the owner with protection against unlawful infringement of his rights and excessive power of public administration bodies. However, the exercise of building freedom does not mean complete freedom in the use of the building structure, because it has its limits outlined in the implementation of the values indicated in the Constitution of the Repu

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Jędrzejczyk, Michał, and Stanisław Dziwisz. "The impact of the principle of collegiality on the functioning of the Supreme Audit Office." Studia Prawnicze KUL, no. 1 (March 31, 2025): 7–22. https://doi.org/10.31743/sp.17895.

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The article’s subject is collegiality as the essence of the Supreme Audit Office (NIK)’s activities. The Constitution of the Republic of Poland defines the functioning of the Supreme Audit Office (Polish: Najwyższa Izba Kontroli, abbreviated NIK) based on the principle of collegiality (Article 202 section 3 of the Constitution of the Republic of Poland). However, this requirement is formulated in a very general manner, without specifying the content or form of its implementation, but with the indication that the organisation and functioning of the Supreme Audit Office shall be defined by law (

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Matwiejuk, Jarosław. "Act of March 11, 2022 on Defense of the Homeland – Basic Principles and Institutions." Przegląd Prawa Konstytucyjnego 70, no. 6 (2022): 529–41. http://dx.doi.org/10.15804/ppk.2022.06.40.

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Act of March 11, 2022. on defense of the Homeland is a classic example of an “executive act” for the constitutional regulation of issues related to state security, including military security. The Homeland Defence Act contains the so far missing specification of the normative solutions contained in the Constitution of the Republic of Poland of April 2, 1997. They concern in particular the development of regulations concerning the following constitutional issues: the Armed Forces of the Republic of Poland, the duty of a Polish citizen to defend the Homeland, the President of the Republic as the

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Cichoń, Paweł. "Wpływ Konstytucji Rzeczypospolitej Polskiej z dnia 17 marca 1921 r. na kształtowanie się samorządu terytorialnego w II Rzeczypospolitej." Krakowskie Studia z Historii Państwa i Prawa 14, no. 4 (2021): 495–510. http://dx.doi.org/10.4467/20844131ks.21.043.14469.

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The Impact of the Constitution of the Republic of Poland of March 17, 1921 on the Formation of Local Governments in the Second Polish Republic This article was written in connection with the 100th anniversary of the enactment of the Constitution of the Republic of Poland of 17 March 1921 (the March Constitution). First, it presents the systemic assumptions of the Constitution, relating to local government, and then shows its impact on the formation of local governments in the Second Polish Republic. It describes the challenges and difficulties that accompanied attempts to pass local government

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Szmulik, Bogumil, and Andrzej Poglodek. "THE CONSTITUTIONAL COMPLAINT IN THE POLISH SUPREME LAW -- A QUEIXA CONSTITUCIONAL NA LEI FUNDAMENTAL DA POLÔNIA." Espaço Jurídico Journal of Law [EJJL] 17, no. 1 (2016): 29–46. http://dx.doi.org/10.18593/ejjl.v17i1.10348.

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Abstract: The article presents the institution of the constitutional complaint in the 1997 Constitution of the Republic of Poland. For the first time in the history of Polish constitutionalism the current supreme law made it possible for the citizens to directly appeal to the Constitutional Tribunal in order to protect their laws and liberties guaranteed by the supreme law. The article describes the origin of the institution of the constitutional complaint in Europe and in Poland. The main focus, though, is on the extended analysis of the scope and coverage of the constitutional complaint, tog

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Astramowicz-Leyk, Teresa. "Protection of Human Rights of Poland and Romania – Selected Issues." Przegląd Prawa Konstytucyjnego 81, no. 5 (2024): 315–29. https://doi.org/10.15804/ppk.2024.05.23.

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The current Constitution of the Republic of Poland was enacted in 1997. The rights and freedoms of the individual are contained in Chapter II. The regulation of the situation of the individual in the state resulted from international law on individual rights contained in international documents ratified by Poland. Chapter II, containing a catalogue of human rights and freedoms, is divided into six subchapters. In Romania, work on the constitution began in July 1990. The new constitution was adopted on 1991. Title II was dedicated to fundamental rights, freedoms and duties. In 2003, the Romania

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Piotrowski, Ryszard. "Opinia prawna w sprawie konstytucyjności poselskiego projektu ustawy – Przepisy wprowadzające ustawę o Trybunale Konstytucyjnym z dnia 6 marca 2024 r." Przegląd Sejmowy 6(185) (2024): 205–13. https://doi.org/10.31268/ps.2024.275.

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The draft under review introduces into the Polish legal order the notion of a “person not authorised to adjudicate” in the Constitutional Tribunal, which is unknown to the Constitution of the Republic of Poland, and a modification of the constitutional status of judges of the Constitutional Tribunal by retroactively changing their capacity to adjudicate. The Sejm, by granting itself the right to declare invalid the rulings of the Sejm on the election of judges of the Tribunal, thereby undermines the independence of judges of the Tribunal, since its judges may be deemed by the legislator as not

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Litwiniuk, Edyta. "On Selected Issues Concerning Foundation Law in Poland." Studia Iuridica 78 (May 29, 2019): 280–95. http://dx.doi.org/10.5604/01.3001.0013.2177.

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This paper is an attempt to assess selected aspects of the state of foundation law in Poland in relation to the legal position that the Constitution of the Republic of Poland has granted them. The text analyses selected statutory solutions in the light of separable patterns for reviewing their compliance with constitutional principles and values. In the author’s opinion, the provisions of the Polish Foundations Act and the regulations concerning the financing of foundations violate the constitutional standards of the Republic of Poland. In particular, it has been found that foundation law cont

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