Парламентский контроль как средство обеспечения государственной безопасности на примере России

Author(s): Aleksiej Pulik / Language(s): Russian Issue: 1/2016

This article is devoted to the issue of parliamentary control, as an institution ensuring the realization of the representative function by the legislative body, not only through the process of stating the law, but also by referring to the mechanism of its respecting. This is an essential condition for the stabilization of the legal system, without which social order cannot be guaranteed, as an insurance of the security of state. Is considers an example of activity of Russian Federation’s parliament, its history, competence of control nowadays and the legislation, that provides all necessary means to obtain such goal.

The visit of delegates of the American Slovak League to Slovakia (June – August 1938) and their effort to implement the Pittsburgh Agreement into the Czechoslovak Constitution

Author(s): Milan Olejník / Language(s): English Issue: 3/2017

The Czechoslovak Republic (CSR), which was established in the Central European region as one of states after the demise of Austro-Hungarian Empire, was characterized as a state with a complex ethnic structure. Besides Czechs and Slovaks its inhabitants belonged to various ethnic minorities. The influences on the political development of the new state were the German community living predominantly in the western part of the Czech lands and a Hungarian minority settled mainly in Southern Slovakia. In both cases these ethnic groups were included in Czechoslovakia against the approval of the majority of their people. Therefore, they were a potential threat to the security of the Republic. Czech and Slovak political leaders were aware of this situation and were compelled to look for a solution. It was imperative to create a unity between both communities and in this way to eliminate the danger to the CSR. The road to the imposition of the dominant position of Czechs and Slovak in the new Republic was the creation of a political construct of a unified Czechoslovak Nation, consisting of two “branches” – the Czechs and the Slovaks. The adherents to this concept argued that, ethnic, linguistic and psychological closeness between both communities was so deep that only historical developments had prevented a fusion of them into one nation in the past. Besides the ideological aspect, the concept of a unified Czechoslovak Nation had also deep political consequences. The Czechoslovak Republic, despite its multi-ethnic structure, was built as a national state with superior authority held within central government based in Prague, which, regardless of its concrete composition, was pursuing a policy supportive of “Czechoslovakism”. Therefore, in regard to political and social acceptance of this construct, there was a marked difference between Czechs and Slovaks. Whereas Czechs almost unanimously accepted this concept, Slovaks were sharply divided on it. A significant segment of Slovak society refused to take into consideration that they were Czechoslovaks; arguing that they were members of a fully developed nation with its own history, language and common sense of national self-awareness. Nationallyoriented Slovak politicians and cultural activists saw in the construct of the Czechoslovak Nation an attempt to assimilate Slovaks into a Czech nation. This suspicion was reinforced by Edvard Beneš, one of the most influential Czech politicians, who from 1938 was the President of CSR, and openly declared the necessary fusion of both communities. Shortly after the establishment of the CSR this conviction was translated into a political program presented by the Slovak People Party (HSPP) led by Andrej Hlinka, and the Slovak National Party, where Martin Rázus held a dominant position, till his death. Both leaders demanded autonomy for Slovakia. The form of autonomy was to be based on the Pittsburgh Agreement signed by representatives of Czechs and Slovaks living in the USA and later the President of the CSR Tomáš Garrigue Masaryk. The signatories of the Pittsburg Agreement consented that Slovakia would have an independent assembly and courts, and that the Slovak language would be the official medium of communication in public intercourse. In the view of autonomist adherents, the Masaryk´s signature was undisputable proof that the document had a legal relevance. In an atmosphere of political tension in Europe, caused by the aggressive policy of Nazi Germany, the HSPP increased its fight for autonomy. As an opportunity to enhance public support for autonomy, a delegation of the Slovak League visited from the USA during the summer months of 1938, co-inciding with the twentieth anniversary of the signing of the Pittsburgh Agreement. For the leadership of the HSPP it was of utmost importance to develop close relations with delegates and therefore it sent emissaries to the Polish port of Gdynia where the American delegation was scheduled to arrive. Similarly, the leaders of the Czechoslovak government deemed that friendly relations with delegates of Slovak League were important and sent a welcoming committee there. The pronouncements of the chairman of the Slovak League, Peter Hletko, were somewhat ambiguous; on the one hand he announced that the delegates had brought with them the original Pittsburgh Agreement, which was heartily welcomed by autonomists, on the other hand he declared that the aim of the American delegation was to contribute to the unity of Czechs and Slovaks in the Czechoslovak Republic. Initially the American delegation planned to visit government officials in Prague, but Hletko, allegedly under pressure from one of the leading politicians of HSPP, Karol Sidor, decided to go first to Ružomberok to see Hlinka. The government representatives, including the President Edvard Beneš, the Prime Minister Milan Hodža, the Minister of Foreign Affairs Kamil Krofta, the mayor of Prague and other dignitaries, could only ignore this change of travel schedule which had put them in an embarrassing situation. On finally arriving in Prague, the delegates were welcomed with lavish hospitality, but despite this welcoming the request of the delegates to implement the Pittsburgh Agreement into the Czechoslovak Constitution was denied. On June 4 th delegates attended the Congress of the HSPP in Bratislava. Hletko informed the leaders of the HSPP that they could not expect a positive approach from the government towards the establishment of autonomy in Slovakia. The next day delegates took part in a grandiose celebration of the anniversary of the signing of the Pittsburg Agreement, which culminated when Hletko displayed it in front of a gathered crowd. To maintain an image of impartiality, delegates also attended a demonstration organized under the auspices of the Republican Party on June 6th in Bratislava. The aim of the demonstration was to prove that a majority of Slovaks were against autonomy and were loyal to the CSR. Hletko again defended the Pittsburgh Agreement, but primarily as an instrument of unity between Czechs and Slovaks. More openly he criticized the refusal of the government to accept the autonomy of Slovakia during a public gathering organized on June 19th by the SNS in Turčiansky Sv. Martin. Hletko declared that American Slovaks would never give up on their demands for the autonomy of Slovakia. Hletko was even more critical at a farewell banquet given by HSPP in Ružomberok. Government politicians, in his words, were generous in their hospitality, but not in their readiness to award autonomy to Slovakia. The support of a majority of delegates of the Slovak League for the autonomist program of the HSPP and SNS provoked a wave of negative reactions from the government press. The authority of delegates to speak for Slovaks living in USA was put in doubt, and their journey to Slovakia was characterized as an unimportant episode which had made little impact upon the political development of Slovakia.

PROGRAM JEAN MONNET JAKO INSTRUMENT EDUKACJI DLA DEMOKRACJI

Author(s): Agnieszka Dybowska / Language(s): English Issue: 135/2024

The Maastricht Treaty introduced the concept of European Union citizenship, providing additional rights for European citizens. The EU has given its citizens the opportunity to participate and engage in politics, as well as the additional right to vote, but has not focused on investing in citizenship education that would give citizens the knowledge and skills necessary to exercise these newly acquired rights. So far, EU education policy has focused mainly on employability and access to the labor market. The discussion on citizenship education at European level has been quite lively. According to the documents examined, the evaluation of education for democracy in the European Union is low, but the evaluation of the Erasmus+ program in civic education is positive. This article is the result of research on the use of European Union programs, in particular the Jean Monnet Programme in education for democracy.

Skutki prawne wyboru Prezesa Rady Ministrów przez Sejm w trybie art. 154 ust. 3 Konstytucji

Author(s): Jacek Zaleśny / Language(s): Polish Issue: 1/2024

The subject of the analysis is an attempt to answer the question of whether the election of the Prime Minister by the Sejm under Article 154 para. 3 of the Constitution of the Republic of Poland means that the President automatically assumes office, and whether, if this provision is applied, the President takes the oath of office only from members of the Council of Ministers or also from the Prime Minister. The author states that Deputies are the representatives of the Nation, while the President serves as the highest representative of the Republic of Poland, but does not represent the Nation, which determines the competence of these bodies. The relationships between the legislative and executive powers presented in the analysis illustrate the principles of the parliamentary-cabinet system in Poland and explain the significance of these powers in the different modes of appointment of the Prime Minister.

Objęcie urzędu przez Prezesa Rady Ministrów wybranego przez Sejm w trybie art. 154 ust. 3 Konstytucji RP

Author(s): Michał Bernaczyk / Language(s): Polish Issue: 1/2024

This opinion aims to answer the question regarding the beginning of the operation of the newly elected “parliamentary” Council of Ministers under Article 154 para. 3 of the Polish Constitution. The scope of competences of the President of the Republic in the process of appointing the Council of Ministers under the emergency procedure is analyzed in detail. The author’s position is that the President is obliged to immediately take the oath of office from the newly elected Prime Minister and Ministers and issue a decision on the appointment of the Council of Ministers consistent with the contents of the Sejm’s resolution on the election of the Prime Minister and of the Council of Ministers.

Objęcie urzędu przez Prezesa Rady Ministrów wybranego przez Sejm w trybie art. 154 ust. 3 Konstytucji RP

Author(s): Sławomir Patyra / Language(s): Polish Issue: 1/2024

An important element of the parliamentary-cabinet system is the appointment of the Council of Ministers whose members and political program reflects the majority in parliament. The opinion presents the consequences of the President’s appointment of the Prime Minister and its government, which falls due to the failure of the Sejm to pass a vote of confidence. It analyzes the possibility (or not) of the President’s disagreement to take the oath of office from members of the Council of Ministers electedby the Sejm in accordance with Article 154 para. 3 of the Constitution. The author’s considerations lead to the conclusion that the President of the Republic – guided byhis constitutional duty to guarantee the continuity of state power and to uphold state security – should perform the act of swearing in the new government elected by the Sejm immediately after the Marshal of the Sejm passes the resolution on the election of the new Council of Ministers.

Objęcie urzędu przez Prezesa Rady Ministrów wybranego przez Sejm w trybie art. 154 ust. 3 Konstytucji RP

Author(s): Joanna Juchniewicz / Language(s): Polish Issue: 1/2024

The opinion presents the problem of the election of the Prime Minister in the modes provided by the Constitution of the Republic of Poland. The differences between the parliamentary-cabinet system adopted in Poland and the presidential system, shown at the outset, are intended to give an idea of the powers of the President and the Sejm in the aforementioned systems of government. The procedure for the creation of a new Council of Ministers is analyzed in detail, with the author drawing attention to the so-called reserve procedure provided for in Article 154 para. 3 of the Constitution. This regulation orders the President to appoint the Prime Minister elected by the Sejm and, upon his request, the other members of the government, and to take the oath of office from them, whereas, according to the author, the President’s refusal in this regard would constitute a violation of the Constitution meeting the conditions of a constitutional tort.

Projekt Karty o roli parlamentów w funkcjonowaniu demokracji liberalnej

Author(s): Cezary Mik / Language(s): Polish Issue: 1/2024

The article presents a critique of the “Charter on the role of parliaments in the functioning of liberal democracy”, which is a document prepared for the Conference of Presidents of Parliaments of the European Union. The document, as a political declaration, does not have a normative nature. According to the author, the Charter is characterized by a poor concreteness, and the formulations contained in the act are general, vague and do not contribute much to the debate on the role of national parliaments in the European Union.

Przepisy regulujące zakaz fotografowania obiektów szczególnie ważnych dla bezpieczeństwa lub obronności państwa, obiektów resortu obrony narodowej oraz obiektów infrastruktury krytycznej

Author(s): Paweł Kościelny / Language(s): Polish Issue: 1/2024

The opinion analyzes selected legal problems related to the prohibition of photographing objects of particular importance for the security or defense of the state, introduced in the Act on Homeland Defence. The author points out that the failure of the Minister of Defence to issue a regulation that specifies the procedure for issuing permits for photographing such objects prevents the application of regulations prohibiting their photography. It is also indicated that military units may be classified, as objects of particular importance for the security or defense of the state, objects of the Ministry of National Defence or objects of critical infrastructure. The author believes that, crucial to the ability to enforce the prohibition of photography of a particular object is necessary to mark it with a sign prohibiting photography. A potential problem in the application of the prohibition of photography provisions may be the vagueness of the regulations designating the entity authorized to decide on the prohibition. The opinion also describes the jurisdiction of the Police and Military Police to prosecute perpetrators of such offenses, as well as the subject matter jurisdiction of common and military courts to adjudicate the indicated cases.

Prawo pacjenta do opieki duszpasterskiej – wybrane problemy praktyczne

Author(s): Michał Białkowski / Language(s): Polish Issue: 27/2024

The present article examines the patient’s right to pastoral care. The subject matter is of particular importance given the changes taking place in Polish society as well as migration (including from cultural circles different from Polish) and the growing awareness of patients of their rights. An additional argument in favour of exploring this topic is the complexity of the legal regulation that requires the interpreter to reach out to various branches of private law (civil law, family law, legal instrument for the protection of patient rights) and public law (constitutional framework of freedom of conscience and religion, organisation of health services). This paper employs a dogmatic-legal method supported by an analysis of Polish court jurisprudence.The aim of this article is to discuss the pastoral care issue by addressing practical problems in the application of the law. Hence, the paper addresses questions related to the implementation of the patient’s right in a manner that ensures respect for his or her will, including the issue of the legal position of a minor and an unconscious patient. The situation of patients who follow religions other than the dominant religion in the Republic of Poland is also analysed. Specific issues related to the role of limitations on judicial and administrative execution as a guarantee of realisation of a right in question or the obligation of the healthcare institution to bear the costs of pastoral care are also addressed.This article provides conclusions mainly concerning the application of the law in relation to the entities who are obliged and entitled to realise the patient’s right to pastoral care. The foundation for effective realisation of rights in this area is the information about a given right and the manner of its exercise. Undoubtedly, regarding the protection of the autonomy of the patient’s will, the non-discrimination of religious minorities, or the principle of incurring costs related to the realisation of this right by the treatment entity, the Polish legal system remains in line with the European standard for the protection of patient rights.

7th ICLARS Conference "The Accommodation of Religion or Belief in the Public Sphere: Undeserved Privilege or Fundamental Right?", Notre Dame, Indiana, October 21–23, 2024

Author(s): Vanja-Ivan Savić / Language(s): English Issue: 27/2024

7th ICLARS Conference The Accommodation of Religion or Belief in the Public Sphere: Undeserved Privilege or Fundamental Right?, Notre Dame University in Indiana, USA, October 21–23, 2024. The International Consortium for Law and Religion Studies (ICLARS) is one of the most important associations of legal scholars, legal practitioners and social scientists in the interdisciplinary field of law and religion.

Review of the book „Statutul juridic și rolul organizaţiilor nonguvernamentale în guvernările democratice” [The legal status and role of non-governmental organizations in democratic governments], Author – Ciprian Gabriel Ungureanu, LUMEN Publishing,

Author(s): Dumitrița Florea / Language(s): English Issue: 1/2024

The present article represents a book review of the volume „Statutul juridic și rolul organizaţiilor nonguvernamentale în guvernările democratice” [The legal status and role of non-governmental organizations in democratic governments], authored by Ciprian Gabriel Ungureanu, published byLumen Publishing, in 2024. The work of the author Ciprian Gabriel Ungureanu reflects the concerns for the regulation of constitutional law analyzed through the lens of domestic law and the applicable comparative law in this field. His volume highlights the study of some aspects related to the role and functions of civil society, the organizational forms of civil society, the legal status of non-governmental organizations and the comparable element of non-governmental organizations in Romania and the Republic of Moldova (Ungureanu, 2015).

Doktrína řádného procesu jako prostředek inkorporace Bill of Rights

Author(s): Jaroslav Ženíšek / Language(s): Czech Issue: 3/2024

The incorporation of the Bill of Rights against the states through the Fourteenth Amendment belongs among the most complex topics of American constitutional law. The first question to ask is obviously “Was the Bill of Rights incorporated against the states with the ratification of the Fourteenth Amendment?” Even if we answer this essential and difficult question in the affirmative, we face another one, no less important, which is: Through which of the clauses of section one of the Fourteenth Amendment was incorporation implemented? Among the proponents of the incorporation theory we find two groups: one that advocates incorporation through the privileges or immunities clause and another one that supports incorporation through the due process clause or the so called doctrine of substantive due process. Substantive due process is one of the phenomenons of American constitutional law that influenced legal evolution in the United States in a fundamental way, mainly during the 20th century when the concept of substantive due process experienced a steep rise that manifested itself not only in the area of protection of rights and freedoms not explicitly mentioned in the Constitution, but also those clearly mentioned in the amendments that constitute the Bill of Rights. It was the very substantive due process doctrine which was used by the federal Supreme Court as basis for gradual incorporation of the individual guarantees contained in the Bill of Rights to state and local level. It is, however, necessary to ask whether the Supreme Court, while trying to reach this goal, did not embrace a doctrine which lacks basis in the text of the Constitution and the traditions of the common law, thus being only an artificial creation of the Supreme Court itself as to this day, many suggest. This paper deals with the origins, historical meaning and evolution of the concept of due process and tries to show whether the substantive due process doctrine has a real legal foundation and can therefore serve as means for incorporation of the Bill of Rights.

THE LEGISLATOR'S VIEW ON THE NOTION OF A PARLIAMENTARY PARTY. SPECIAL VIEW ON LAW NO. 208/2015 FOR THE ELECTION OF THE SENATE AND THE CHAMBER OF DEPUTIES

Author(s): Mihai Cristian Apostolache / Language(s): English Issue: 22/2024

The article presents this legislative amendment and how it was applied exactly in the electoral process triggered for the parliamentary elections in Romania organizedin 2024.

Preventivní zásah na ochranu právního státu: očekávání a výsledky

Author(s): Ivana Tvrdoňová / Language(s): Czech Issue: 3/2024

Nuclear option or also value infringement. These slogans are sometimes linked to proceedings under Article 7 of the Treaty on the EU, which allows the Union to defend its values in the event of shortcomings in Member States. So far in practice, however, only proceedings under the first, preventive paragraph have been initiated. The article focuses on the evolution of the text of the provision in question, the associated political capital invested and compares the ambitions thus identified to existing practice results.

Informace získané zpravodajskými službami České republiky na základě použití zpravodajské techniky

Author(s): Ladislav Pokorný / Language(s): Czech Issue: 3/2024

The paper deals with the question of the The paper deals with the issue of possible evidentiary use of information obtained by the intelligence services of the Czech Republic under the laws governing their activities, based on the use of intelligence tech¬nology. It deals with the assessment of the current legal regulation and the existing, but not yet legislatively discussed, governmental proposal for an amendment to the Criminal Procedure Code, which, if adopted, would bring, in strictly defined cases of particularly serious crimes, their evidentiary applicability. In particular, it concerns the assessment of the question of the possible evidentiary use of information obtained by means regu¬lated outside the Criminal Procedure Code, by a body that is neither a law enforcement authority.

Ochrona cudzoziemców w Polsce na gruncie konstytucyjnych zasad oraz standardów europejskich

Author(s): Katarzyna Chrostowska-Malak / Language(s): Polish Issue: 3/2024

The aim of the paper is to identify and analyse the problems of foreigner protection in Poland in the light of the constitutional principles and European standards and in reference to the current migration situation in Poland. The values and priorities of states and societies are most evident in crisis situations, especially when they refer to foreigners who apply for help and protection and are referred to as “others” or “aliens”. The intention of the author is to demonstrate that problems that arise from international conflicts or crises cannot be solved only on the national level, within own actions and competences. The protection of the greatest good, i.e. state security and human rights, requires applying adequate measures that are proportional to the threats; these values cannot be presented as opposites. It might be noticed that the existing political and legal solutions do not keep up with the changing situation and the emerging needs. The eternal sui generis race between practice and normative regulations has always been presented in a sharp way in the field of the analysed problem.Due to the multi-faceted, legal and political nature of the subject, the author used research methods that are characteristic for social sciences, i.e. institutional and legal analysis, social analysis, descriptive and comparative analysis, and the historical method.

PUBLIC LAW AND GOVERNANCE: ANALYZING THE IMPACT OF THE REFERENDUM THROUGH THE LENS OF THE CONSTITUȚIONAL COURT’S JURISPRUDENCE

Author(s): Camelia Elena Goleanu / Language(s): English Issue: 2/2025

Referendum is a democratic instrument through which citizens can directly express their will on certain issues of public interest such as the amendment of the constitution, the dismissal of the President of Romania, issues of national interest, issues of local interest. The impact of the referendum in terms of case law can be analyzed as an expression of national sovereignty, decisions taken by referendum are considered legitimate. The effects of the decisions can significantly influence legislation, leading to constitutional or legislative changes and reflecting both the legitimacy of the popular will and the need to respect legal norms and protect fundamental rights. The Constitutional Court plays an important role in balancing these aspects. In view of the criticisms and challenges that have arisen over time regarding the organization, conduct and results of the referendum, a unified electoral and referendum regulation, respectively an electoral code, would create greater legislative stability and prevent some abuses or political interests from being exercised in this context.

Искане за установяване на противоконституционност на разпоредбата на чл. 55, ал. 2, т. 3б и т. 3в от Закона за здравното осигуряване

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 6/2024

L’IMPÔT SOCIAL, UN INSTRUMENT DE JUSTICE FISCALE AU SERVICE DE LA JUSTICE SOCIALE

Author(s): Aurélie Dort / Language(s): French Issue: 38/2024

The author relates the interconnection of two notions that appear antagonistic at first glance, namely tax justice and social justice, through that of the social tax. By carrying out a study of the democratic constitutional framework of the social tax and by exploring the different meanings of the notion of justice, the author shows how it can be a vector of equity and better redistribution, placed under the close supervision of the Constitutional Council.