Cecha jednolitości systemu prawa w warunkach multicentryzmu
A Feature of the Uniformity of the Legal System in the Conditions of Multicentrism
Author(s): Bartosz LiżewskiSubject(s): Law, Constitution, Jurisprudence, Government/Political systems, Evaluation research
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: normative acts; legal system; uniformity of the legal system; law order; multicentrism; integration processes;
Summary/Abstract: One of the aspects of considerations regarding the legal system are the features of this system. The aim of the article was to attempt theoretical reflection and answer the basic question, namely – can the Polish legal system be considered uniform in the context of multicentrism. Nowadays, the feature of uniformity of the legal system is one of the most problematic. According to the typical understanding, the legal system is uniform if the normative acts come from state authorities. However, integration processes in which the state participates cause the creation of supranational structures with their own legal systems. In the European legal space, they include the Council of Europe and the European Union. The legal systems of these organizations are linked by formal relationships with the legal systems of the member states. As a result, the legal systems of European countries are evolving, they cease to be monocentric and become multicentric. In such a situation, normative acts of supranational structures start to operate on the territory of a state. This raises a theoretical issue regarding the possibilities and, perhaps, the scope of recognition of the uniformity of the legal system.
Journal: Annales Universitatis Mariae Curie-Skłodowska, sectio G – Ius
- Issue Year: 66/2019
- Issue No: 1
- Page Range: 221-236
- Page Count: 16
- Language: Polish