Politizace institutu ústavní odpovědnosti jako jedna z příčin současné ústavní krize v Polsku
Transformation of Constitutional Accountability into Political Weapon as One of the Causes of the Current Constitutional Crisis in Poland?
Author(s): Maxim TomoszekSubject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: Polish Constitution; Constitutional Accountability; Zbigniew Ziobro; Constitutional Delict; State Tribunal; Commission of Sejm for Constitutional Accountability.
Summary/Abstract: Scholarly discussion analyzing the causes of the current constitutional crisis in Poland focuses on the issue of appointment of judges of the Constitutional Tribunal. These problems, however, are either the direct cause or even only symptoms of the current crisis, resulting from more complex deficiencies, which afflicted the Polish constitutional system for some time. One of them is the change in the understanding of the constitutional accountability and the consequent weakening of respect of constitutional officials for principles of constitutionalism, democracy and rule of law. The aim of this paper is to properly define this thesis, critically analyse it and support with arguments. First, I will provide the necessary context for a Czech reader by defining the basic elements of the Polish model of constitutional accountability and compare it with Czech regulation, then I will analyze in detail the parliamentary phase of constitutional accountability proceedings against Zbigniew Ziobro and their implications for the current constitutional development, in particular in order to document the politicization of the process of applying the constitutional accountability.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 25/2017
- Issue No: 2
- Page Range: 241-254
- Page Count: 14
- Language: Czech