Effectiveness of the institutional system protection mechanism in Poland Cover Image

Skuteczność formalnych mechanizmów ochrony systemu instytucjonalnego w Polsce
Effectiveness of the institutional system protection mechanism in Poland

Author(s): Sławomir Czetwertyński, Jakub Sukiennik
Subject(s): Public Administration, Public Law
Published by: Polskie Towarzystwo Ekonomiczne w Zielonej Górze
Keywords: institutional system; institutional system protection mechanisms; impact assessment;

Summary/Abstract: The introduction of changes in the institutional system in its formal part is, in Poland, a process based on several procedures (including procedures for assessing the effects of regulations and the actions of the Constitutional Tribunal). The objectives of these procedures are indirectly related to the attempt to counteract disturbances in the functioning of the institutional system. Poland has enacted 5560 laws from 1991 until 20.02.2023, and previous research on the institutional system protection mechanisms indicates their low effectiveness. This article aims to answer the question: is the formal mechanism of protection of the institutional system, under Polish conditions, effective? In order to realise this objective and thus answer the research question posed, a review and systematisation of Polish legal acts concerning the institutional system protection mechanism has been conducted. The article consists of three main parts. The first part concerns the formulation of a mental model explaining the relationship between the effectiveness of the institutional system and lawmaking activities. The second part of the article shows what the institutional system protection mechanism consists of. The last part deals with the analysis of the effectiveness of the identified procedures for protecting the institutional system in relation to the thought model formulated in the first part.

  • Issue Year: 10/2023
  • Issue No: 18
  • Page Range: 70-85
  • Page Count: 16
  • Language: Polish