Redagowanie przepisów o wejściu w życie aktu normatywnego powszechnie obowiązującego – analiza krytyczna na marginesie nowelizacji ustawy – Kodeks wyborczy z 2023 r.
Formulating the Provisions on Entry into Force of a Generally Applicable Normative Act: Critical Analysis Engendered by the 2023 Act Amending the Electoral Code

Summary/Abstract: This article critically analyses the provisions on entry into force, based on the provisions ofthe 2023 Act Amending the Electoral Code, which made the entry into force of certain normativesolutions dependent on a deadline specified in the announcement of the competent centralauthority of state administration. However, this construction is not found in the directives for theconstruction of legal acts, specified in the Principles of Legislative Technique of 2002. Additionally,the article also draws attention to legal problems resulting from the use of such blameworthylegislative practice, including in the context of the presumption of widespread familiarity withthe law. Moreover, this announcement, in accordance with statutory regulations, was subjectto promulgation in the Journal of Laws of the Republic of Poland, although this is not reflectedin the Act on the Promulgation of Normative Acts and Certain Other Legal Acts. Therefore,this legislative maneouvre should be considered unacceptable and, consequently, in some cases,inconsistent with Article 2 of the Constitution of the Republic of Poland, which establishes theprinciple of a democratic rule-of-law state. In order to justify the presented thesis statement, theauthor analyses the provisions of the Act Amending the Electoral Code, discusses the conceptualapparatus and theoretical constructs in the context of law-making practice, using the hermeneuticaland formal-dogmatic methods. The research opens up the field for broader considerations oncompliance with the Principles of Legislative Technique in the law-making process.

• Details
• Contents