Uchwały izby poselskiej a działalność legislacyjna sejmu — przykład 1615 roku

Author(s): Karol Łopatecki / Language(s): Polish Issue: 2/2021

The article discusses the legislative output of the Sejm of 1615. There is a common opinion in reference to the seventeenth century that the constitution was a concordant conclusion of the three parliamentary estates combined with a promulgation. However, the conducted analysis reveals that despite the lack of agreement to the conclusion of the 1615 Sejm, it adopted normative acts: both at the beginning and at the end of the parliamentary proceedings. In addition, a new type of law sources has been characterised, i.e. resolutions of the Chamber of Deputies, which at that time were equal in rank to Sejm constitutions.

Zbigniew Ofiarski, Indywidualne konta emerytalne. Aspekty podatkowoprawne i organizacyjno-funkcjonalne, Wydawnictwo Difin, Warszawa 2020

Author(s): Patrycja Zawadzka / Language(s): Polish Issue: 33 (1)/2021

Ogólnopolska konferencja naukowa „O pojmowaniu prawa i prawoznawstwa”, Szczecin, 26 listopada 2020 roku

Author(s): Patryk Kupis / Language(s): Polish Issue: 33 (1)/2021

ODPOWIEDZI NA ANKIETĘ - KRZYSZTOF BRZECHCZYN

Author(s): Krzysztof Brzechczyn / Language(s): Polish Issue: 1/2021

Ad 1. Dziękując redaktorom „Kwartalnika Historycznego” za zaproszenie do udziału w ankiecie, chciałbym przekornie zapytać, czy istnieje w ogóle historiografi a polska i co należy uznać za jej cechy definicyjne: narodowość badacza (I), język prac naukowych (II), przedmiot zainteresowania, czyli historia Polski (III), specyficzne podejście badawcze (IV) i udział w rozwoju kultury narodowej (V)? Żadne z podanych kryteriów nie jest wystarczające, gdyż — jak dowodzą cyklicznie organizowane w Krakowie Kongresy Zagranicznych Badaczy Dziejów Polski — historią naszego kraju interesuje się wcale liczne grono historyków z różnych części świata.

LEGAL AND INSTITUTIONAL ASPECTS OF COMBATING RADICALISM AND TERRORISM IN POLAND

Author(s): Oleksandr LEVCHUK / Language(s): English Issue: 37/2021

Extremism in modern world is seen as a phenomenon that threatens not only the political system, but also public security. It affects not only the countries with local wars or armed conflicts, including religious and ethnic, but also the countries that recently have been considered safe in terms of professional law enforcement system and human rights.

Codificarea dreptului electoral. Un demers necesar de modernizare a legislaţiei şi aliniere la principiile statului de drept

Author(s): Luca Ciubotaru / Language(s): Romanian Issue: 2/2021

Given the importance of regulated social relations, electoral law has a special place in the legal system. The current article develops the necessity and implications of a thorough process of codification of the electoral law in Romania, able to make the electoral legislation more effective and consolidate the principles of predictability and clarity of the legislation. After mentioning the process of electoral codification from a historic perspective, the article develops the characteristics of a substantial codification. Regarding the principle of legal certainty, the analysis of the frequency of the amendments to the electoral legislation and the international standards in this area represent additional arguments for the codification of the electoral law. The article develops the rules of procedure applicable to the process of electoral codification, the options that the public authorities have, and, in the end, the current initiatives and their status. In the field of electoral law, where the regulated social relations are related to the instauration, maintaining and the exercise of state power, the principle of legal certainty has a special significance, as the stability and the coherence of the legislation are not only dimensions of the quality of law, but also coordinates of the citizens’ trust in every election. For these reasons, the arguments for a codification of the electoral law are valid and actual.

HINTERMANN & FRONTMANN. Controlul asupra faptei şi teoria Organisationsherrschaft în contextul infracţiunii de corupere a alegătorilor

Author(s): Horia-Șerban Tiugan / Language(s): Romanian Issue: 2/2021

Through this paper, I am aiming mainly to reveal the mechanism of application of a criminal participation model crystallized in German doctrine and practice, in reference to the crime of voter corruption committed by material executors on behalf of and/or for the benefit of political parties. The approach aims at outlining a legal instrument, applicable in the national regulatory framework, which would expose the political party in the essential antechamber of material facts. At the same time, I appreciate that the need to probe such a mechanism is grafted on the following coordinates: the textual deficiencies of the norm of criminalizing voters, respectively the functional insufficiencies of the forms of criminal participation in conjunction with the desideratum of adapting criminal policy to social realities, tangential to this crime.

Un studiu al infracţiunilor electorale ca infracţiuni politice antisistemice

Author(s): Cătălin Constantinescu-Mărunțel / Language(s): Romanian Issue: 2/2021

In this paper we intend to analyse the electoral crimes by means of a multidisciplinary exercise and to bring back in the foreground of the legal sciences a concept almost completely ignored by the post-Decembrist criminal law literature: the political crimes. In order to do so, we aim to divide the review into three succinct phases. We start by examining the notion of political crime, as it was understood both in the legal doctrine and by the legislator. In this section we are not citing only jurists, but also sociologists, anthropologists, historians and political scientists. We continue with a second section, where we take under consideration the electoral crimes to find if their only role is to protect some fundamental rights of the citizen or if they play a larger part. Once we clarified these aspects, we may pass to the third component of our argument and decide if the electoral crimes may be considered political antisystem crimes or not. The paper ends with a synthesis of the conclusions that we can extract from this exercise.

Despre necesitatea unei proceduri speciale în cazul fraudei electorale

Author(s): Andrei Viorel Iugan / Language(s): Romanian Issue: 2/2021

The exercise of power by the people will lead to positive results only to the extent that their will is respected. The sovereignty of the people presupposes that the choice of the majority of citizens regarding the person or persons entrusted with the power is fully respected. This aspect is the essence of democracy, any conduct by which the majority will of the population is hijacked, being completely excluded. It is not enough for a legal rule to lay down the rules of conduct which its addressees must follow. An essential element is that the respective legal norm also contains provisions regarding the sanctioning of persons whose conduct is contrary to the will of the legislator. In our opinion, a special procedure should be set up in the case of offenses which have resulted in election fraud, a procedure which should be carried out expeditiously and which will enable the case to be clarified as soon as possible. This study presents a series of proposals on the scope of such a procedure and the concrete way in which it is carried out.

Factori psihologici care influențează alegerea electorală

Author(s): Gabriela Groza / Language(s): Romanian Issue: 2/2021

Far from offering a predictive model, the literature in political psychology can at this point offer some pieces of the puzzle regarding the way in which we vote. This article is a synthesis, one which is not exhaustive, regarding some of the factors of influence on electoral choice. We have analyzed some variables which count when voting: the influence of parents and life partners, human values, candidate tone of voice and ambiguity of information. In the end, we have laid out some ways of increasing participation to vote.

ЕВРОПЕЙСКИЙ ОПЫТ ОЦЕНКИ ГЕНДЕРНОЙ ПРОБЛЕМАТИКИ: СОВМЕСТИМОСТЬ МЕЖДУНАРОДНЫХ СТАНДАРТОВ И НАЦИОНАЛЬНЫХ ПРАВОВЫХ ПОДХОДОВ

Author(s): Anna Anatolyevna Kashirkina,Andrey Nikolayevich Morozov / Language(s): Russian Issue: 3/2021

Among gender issues, the issue of protecting women from all types and forms of violence, including domestic (family) violence, occupies a special place. At the international legal level, the most comprehensive definition of ―domestic violence‖ which includes not only physical violence, but also psychological, moral, economic coercion, the creation of various discriminatory conditions, as well as pressure, given the fact that the subject is female is enshrined in the fundamental documents, International law is actively developing tools aimed at comprehensively protecting women from all forms of discrimination and violence. However, there are many obstacles to the successful implementation of such norms in the national legislation of states. In this regard, the purpose of this article is to highlight the legal risks and obstacles that countries face in enforcing one of the most important international treaties in this field — the Council of Europe Convention on the Prevention and Combating of Violence against Women and Domestic Violence of 2011 (Istanbul Convention). At the same time, the authors of the article use the empirical analysis method by examining the assessment of the Istanbul Convention and the channels for its implementation by the Council of Europe Commission for Democracy through Law (Venice Commission) in its opinion on the constitutional consequences of ratification by Armenia of this international treaty. Through the use of methods of international legal, systemic, logical, teleological interpretation, the authors of the article come to the conclusion that one of the key difficulties in the implementation of the Istanbul Convention in national legislation is its complex polyconventional nature, which is manifested in the totality of norm-principles, norm-definitions and protective standards that may be ambiguously perceived by states. At the same time, the development of the catalog of human rights, as the historical method shows, will gradually lead to the appearance in the documents on women’s rights of an increasing number of provisions related to the prevention of not only gender-based violence, but also the prevention of appropriate behavior aimed at discrimination based on sex in the most different expressions. According to the Venice Commission, this also shows the multifunctional nature of Council of Europe standards. Moreover, for the successful implementation of norms aimed at protecting women from forms of violence, both universal human rights protection mechanisms established under the auspices of the United Nations and soft law mechanisms implemented both by the Council of Europe Commission for Democracy through Law (Venice Commission) are needed and other interstate bodies, governmental and non-governmental organizations. The article was written using both general scientific and special methods of cognition: dialectical, historical, philosophical, comparative legal, formal legal, logical, analytical, as well as involving methods of legal modeling and synergetic analysis.

Odwołania do chrześcijaństwa w konstytucjach współczesnych państw

Author(s): Grzegorz Maroń,Piotr Steczkowski / Language(s): Polish Issue: 24/2021

The present paper offers a quantitative and qualitative analysis of constitutional references to Christianity. An examination of binding basic laws of individual states allowed the authors to determine the scale of references to Christianity and to systematize and typologize these references. As assumed in the study, “references to Christianity” include both direct mentions of Christian principles, values or heritage as well as implicit ones, i.e., references to God understood in accordance with monotheistic Trinitarianism and to individual Christian denominations, their followers and churches. Due to the fact that Christianity not only has a religious, but also a historical and cultural dimension, its references in the constitutions, in principle, do not deny the ideological impartiality of public authorities or lead to confessionalisation of the state. Neither do they violate the rights of followers of other religions and non-believers. It is an exaggeration to perceive constitutional references to Christianity by non-Christians as allegedly socially alienating and excluding. The constitutional legislator deciding to distinguish Christianity in a constitution is expected to be guided by the will of the sovereign. However, incorporating references to Christianity into basic laws should not serve as a tool of social engineering for proselytic purposes.

Wolność słowa realizowana w ramach wolności religii w Kościele Katolickim w Polsce a prawne ograniczenia dotyczące epidemii SARS-CoV-2

Author(s): Lidia K. Jaskuła / Language(s): Polish Issue: 24/2021

The present paper is an attempt to analyze the state of freedom of speech exercised during public religious practices at the time of the epidemic. The main research problem addressed in the study is whether the restrictions introduced due to the SARS-CoV-2 epidemic affect freedom of speech exercised within freedom of religion. The paper discusses the normative framework of freedom of speech exercised within freedom of religion, the restrictions on the functioning of the Catholic Church established to control the SARS-CoV-2 epidemic in Poland, and the practical consequences of these restrictions for freedom of speech in the context under discussion. The conducted analyses have led to the conclusion that restricting freedom of religion in its external dimension also means restricting freedom of speech exercised within freedom of religion. The restrictions in place in Poland do not meet the legal conditions for limiting human freedom. Therefore, it should be emphasized that in the face of the threats posed by the SARS-CoV-2 epidemic, limitations of certain rights and freedoms introduced in order to protect life and health are essentially justified, but such actions should respect legal requirements. The opposite may lead to the erosion of the law, destroy its authority, violate the rights and freedoms of individuals, and negatively affect Church-State relations. Such “standards” of public administration cannot be justified by an epidemic and it is not possible to accept them in a democratic state ruled by law.

Wydział do Spraw Wyznań Prezydium Wojewódzkiej Rady Narodowej we Wrocławiu wobec procesji Bożego Ciała w latach 1950-1965

Author(s): Tomasz Resler / Language(s): Polish Issue: 24/2021

Public worship between 1950–1989 in Poland was considered hostile to the idea of secular state. The state authorities regarded the Catholic Church as an ideological enemy and sought to limit the freedom of conscience and religion of citizens, pushing religion into the private sphere. Similar tactics were used in relation to one of the most important Catholic holidays – Corpus Christi. The denominational administration in Wrocław tried to limit religious expression in public spaces on that day. The assembly law, which gave the instruments to license religious processions, was used for this purpose. The measures taken by the state authorities against the Catholic Church and its believers violated the legal standards of the time. The laws were often interpreted expansively or ignored altogether. Numerous restrictions were imposed on participants of processions and the pressure was exerted, for example, through workplaces. In addition, the state authorities competed with the Catholic Church by organizing numerous alternatives. Open-air events, excursions and sports competitions were supposed to draw the faithful away from religious ceremonies. These efforts directly violated the standards of state-church separation.

Ocena wpływu czynnika ludzkiego jako bezpośredniej determinanty funkcjonowania obwodowych komisji wyborczych. Praktyczny zarys problematyki

Author(s): Kamil Krauschar / Language(s): Polish Issue: 34 (2)/2021

The publication presents selected issues of legal determinants of the operation of district electoral commissions and their impact on the election process. In the context of the existing code regulations, it is reasonable to review the events that took place with the participation of members of district electoral commissions in the elections held in 2018–2020 to the bodies of local government units, the Sejm and the Senate of the Republic of Poland, the European Parliament and to the office of the President of the Republic of Poland. The aim of the publication is to obtain an answer to the theses put forward herein: what determinants directly affect the functioning of the election process and what is the impact of the human factor (members of district electoral commissions) on its proper course? Additionally, it should be verified whether the current model of nominating (in fine appointing, resigning, supplementing) members to district electoral commissions requires the legislator’s interference. The analysis of the problems to date sheds light on the scope of the irregularities identified and constitutes a contribution to the introduction of legislative changes to the election law. A comprehensive approach to the topic allows insight into a practical outline of the problems noted in the course of the operation of district electoral commissions.

Nowelizacje regulaminu Sejmu w czasie pandemii w 2020 roku. Zapewnienie efektywności działania izby czy próba ograniczenia praw opozycji?

Author(s): Piotr Uziębło / Language(s): Polish Issue: 34 (2)/2021

The introduction of the state of epidemic threat and then the state of epidemic led to the adoption of amendments to the rules of procedure of the Sejm. These amendments made it possible to hold sessions of the Sejm by means of remote communication. In practice, such meetings take a hybrid form, in which some MPs work in the debating chamber, and some remotely. It was a response to the need to ensure social distancing, which was intended to reduce the risk of coronavirus infection, and at the same time to allow the Sejm to perform its functions. The purpose of this article is to analyse whether the scope of amendments to the rules of procedure of the Sejm influenced the deputies’ ability to effectively exercise their rights. First of all, it concerns the possibility of effective execution of rights by members of the opposition. The above analysis leads to the conclusion that despite the general approval of the amendments introduced, there are solutions that deserve unequivocal criticism. This applies primarily to two modifications. The first one is the too far-reaching discretionary power of the Marshal of the Sejm regarding decisions to convene a sitting remotely. The second issue is an extremely drastic limitation of deputies’ floor time during a parliamentary debate. The latter makes it impossible to hold a comprehensive and fair debate.

Ogólnopolska Konferencja Naukowa „Dylematy polskiego prawa wyborczego”, Szczecin, 3 grudnia 2020 roku

Author(s): Tomasz Kowalczyk / Language(s): Polish Issue: 34 (2)/2021

Kontrowersje wokół armeńskiej ustawy o wolności sumienia i organizacjach religijnych

Author(s): Renata Król-Mazur / Language(s): Polish Issue: 4/2021

The article discusses the basic legal act on the right to religious freedom The Law of the Republic of Armenia on the Freedom of Conscience and on Religious Organizations, which was enacted in Armenia in the early 1990s and which, in a slightly modified version, is still in force today. In Armenia, the close link between ethnicity and religious affiliation (Armenian Apostolic Church) makes it difficult to adopt legal solutions that would guarantee the full realization of the right to religious freedom. The Armenian Apostolic Church considers religious freedom as an anti-national provision, and therefore qualifies all other religious organizations as "sects" and anti-national structures. The article provides a detailed analysis of the Religious Denominations Act, indicates which of its provisions are most controversial and shows how the adopted legal solutions differ from the international standards.

CRIMINAL-LEGAL PROTECTION OF NATURAL VALUES IN THE REPUBLIC OF SERBIA

Author(s): Nataša M. Tomić-Petrović / Language(s): English Issue: 4/2021

Already in 1764, the Italian judge Cesare Becari stated in his work "Debate on Crimes and Punishments" that the purpose of law, justice and prison sentences should be conversion rather than punishment of criminals. Ingenious people move the world - they make it better and more beautiful. Of all living beings, only man can be adorned with ethics.The universe is moving towards the future. Today, Europe focuses on energy security, green energy and sustainable development. People learn from nature. The second year of the pandemic, caused by Covid 19 as a planetary evil, is passing. Unfortunately, the wave of pandemics by Covid-19 is spreading, although Serbia has a good national health policy. It is also planned to open a vaccine factory in Zemun. In Serbia, too, the pandemic leaves a trace on all aspects of our lives. In addition, we are aware of many dramatic changes in nature, we are also facing air pollution, especially in the capital, while the largest environmental project will be a new landfill for disposal of municipal waste in Belgrade and new regulations for noise protection are emphasized.

The policy of the Polish authorities towards national and ethnic minorities after 1989

Author(s): Aneta Bąk-Pitucha / Language(s): English Issue: 3/2021

The aim of this article is to analyse the Polish authorities’ policy towards national and ethnic minorities after 1989, after the collapse of real socialism in Poland. The author gives an overview of the historical and sociopolitical situation of these minorities in Poland. The main point of consideration is the position and functioning of national and ethnic minorities on the basis of law, their political activity in parliamentary and local elections, as well as the attitude of leading Polish political parties towards the issues of national and ethnic minorities. National and ethnic minorities are, by definition, less numerous than the rest of the Polish population, but remain Polish citizens and at the same time are aware of their historical community. The article uses the following methods: descriptive and institutional-legal.