Uregulowanie instytucji petycji w ustawie z dnia 11 lipca 2014 r. o petycjach
The Institution of Petition under the Act of 11 July 2014 on Petitions
Author(s): Michał OżógSubject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: Constitution of the Republic of Poland; right of petition; Act on Petitions; petitions; complaints; requests
Summary/Abstract: The purpose the article is to characterize the Act of 11 July 2014 on Petitions. An analysis of the legislation has been combined with an assessment in accordance with an essential criterion of respect for the principles of correct legislation. The fundamental flaw of the Act is that the terms of reference of both a petition and a request, as regulated by the Code of Administrative Procedure, remain in a logical cross-relationship. The author proposes that making claims in letters be qualified as bringing a petition or an application in accordance with the criteria reconstructed from the provisions of the Act on Petitions and the Code of Administrative Procedure. The author also examines the relationship between the Act on Petitions and other legislation currently in force, by determining the scope of their operation. The article contains a proposal for interpretation of the provisions of the Act on Petitions along with de lege referenda proposals.
Journal: Przegląd Sejmowy
- Issue Year: 2015
- Issue No: 5
- Page Range: 117-142
- Page Count: 26
- Language: Polish