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Kwestia niezależności prokuratora w nowej ustawie – Prawo o prokuraturze

Author(s): Krzysztof Kułak / Language(s): Polish Issue: 4/2016

The article concerned raises the problem of the prosecutor’s autonomy. In the article the evolution and a way of shaping of the prosecutor’s autonomy in the historical aspect are presented and then the analysis of the autonomy is made in the Act – Law on the Prosecutor’s Office. The main point of the article is the emphasising the need of distinguishing the issue of the external autonomy of the Prosecutor’s Office (as the organizational unit) and the internal prosecutor’s autonomy (as the relation between the supervisor and the subordinate). As far as the external autonomy is concerned the particular attention is dedicated to the issue of joining the function of the Minister of Justice and the Prosecutor General. The author has also put forward the proposal that in the new Act – Law on the Prosecutor’s Office we can not say any more about the prosecutor’s autonomy as the systemic rule. At the end the views are analysed concerning the need and the usefulness of forming the Prosecutor’s Office on the rule of the autonomy. The author described also his/her own view on the most optimal way of creation of the prosecutor’s autonomy.

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Prezes Rady Ministrów jako organ podlegający kontroli sejmowej (w świetle regulacji normatywnych). Część I. Prezes Rady Ministrów jako podlegający kontroli sejmowej przewodniczący kolegialnego organu egzekutywy

Author(s): Jerzy Kuciński / Language(s): Polish Issue: 2/2017

It is the purpose of both parts of the article to present the Prime Minister as a body subject to Sejm control. To achieve the above, an attempt has been made to characterise his legal and governmental status with the consideration given to the factors determining such status, especially those factors that are basic for the presentation of the Prime Minister and fit within the subjective and objective scope of the Sejm control over the government activity. Considerations in this respect are carried out based on the normative regulations, mainly on the Constitution of the Republic of Poland adopted on 2 April 1997. The article mainly includes the analysis of the legal and governmental status subject to Sejm control over the Prime Minister of the Council of Ministers as a chairman of the collective executive decision-making body of the Polish government, that is, the Council of Ministers. The focus has been placed on the role of the Prime Minister in shaping the make-up of the government, his power to discharge and reshuffle cabinet members and influence to consolidate the government. Subsequently, the position of the Prime Minister within the Council of Ministers was submitted to more profound analysis including the contemplation of such normative solutions crucial for this position as authority to represent the Council of Ministers, coordinate the work of the Council of Ministers ensure the implementation of policy adopted by the cabinet, define the manners of the implementation of policy of the Council of Ministers, and coordinate and control work of the cabinet members.

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Prezes Rady Ministrów jako organ podlegający kontroli sejmowej (w świetle regulacji normatywnych). Część II. Prezes Rady Ministrów jako organ podlegający kontroli sejmowej w innych swoich rolach ustrojowych

Author(s): Jerzy Kuciński / Language(s): Polish Issue: 3/2017

In this article the attention is paid to other roles of the Prime Minister in governmental institutions as a body subject to Sejm control, to mention only his position within the governmental administration (vis-à-vis deputy prime ministers, ministers outside cabinet, “non-governmental” organizations of state administration); position of the Prime Minister as a sole supreme body of state administration; his relations with other central bodies of state administration (President, Sejm, Supreme Audit Office). The problem of accountability of the Prime Minister to Sejm has also been contemplated. Making an attempt in both parts of the article to evaluate the influence of various factors on legal and governmental status of the Prime Minister as a body subject to Sejm control, the following has been stated: a) The Prime Minister holds a very strong position and plays a leading role within the structures and functioning mechanisms of the Council of Ministers and in relations with “non-governmental” bodies of state administration, b) position of the Prime Minister in managing the Council of Ministers, a body ranking number one within the structures of executive power and wide authority of the Prime Minister including non-legal factors result in an important role played by the Prime Minister within the entire system of the authorities of the Republic of Poland. These factors also confirm how important is Sejm control of the Prime Minister’s activity for the proper implementation of the principle of separation and balance of powers.

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Orientacja strategiczna na otwarte innowacje jednostek samorządu terytorialnego

Author(s): Regina Lenart-Gansiniec / Language(s): Polish Issue: 3/2017

It is more and more expected of public organisations that they will be open to their surroundings and innovative. This imposes on them the need for changes, which makes them reach more and more for solutions reserved so far only for commercial organisations. In the article an attempt was made to answer the following question: what is the level of strategic orientation on open innovations of local government units? In order to realise the goal set in this way literature studies and empirical research were conducted in purposefully chosen local government units. The results of the conducted research indicate a mediocre level of orientation.

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Деятельность Комиссии для обследования положения продовольственного дела в Петрограде в 1917 году

Author(s): O.N. Kuznetsova / Language(s): Russian Issue: 21/2017

The article is devoted to examination of food situation in Petrograd, particularly of activity of the Special Council on Food Supply and Commission for the examination of the food situation in Petrograd in 1917. The aim of the Commission was the inspection and improvement of the food situation in the capital city. One of the major causes why The Russian Provisional Government established the Commission was the criticism of activities of The Special Council on Food Supply and its head W. Groman. In particular, the workers of Council were accused of mass spoilage of food, embezzlement and other abuses. The resolutions of the Commission concerned providing necessary documentation for the Council’s activity, the food supplies in the capital city and the problems of food distribution in Petrograd. Those resolutions were handed over to Ministry of Food. The Commission was led by M.Berenshtam, one of the assistants of the Minister of Food of The Provisional Government. The article analyses the composition of the Commission, activities of its sections and the means that were suggested in order to solve the food issues in 1917. Special attention should be paid to reaction of citizens of Petrograd — particularly of house committees of the city — to solving of food distribution problems and to rationing. The Commission for the examination of the food situation in Petrograd started its work on the 3rd of August and finished it on the 23rd of September 1917. As a result of the inspection the Commission came to the conclusion that most of the rumors about ineffective activities of the Council and its chairman were unfounded. The conclusions of the Commission were similar to the comments of the Council’s members, when the hard food situation was explained by reasons of a general character. In particular, by the crisis and disarrangement of transport. At the same time neither the Council nor the Commission could resolve the food problems in Petrograd in 1917

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Demokracija u pluralnim društvima

Author(s): Anđelko Milardović / Language(s): Croatian Issue: 02/1992

Review of: Arend Lijphardt "Demokracija u pluralnim društvima"; Zagreb, Globus/Školska knjiga, 1992. by: Anđelko Milardović

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Parliamentary versus Presidential Government

Author(s): Štefica Deren-Antoljak / Language(s): Croatian Issue: 03/1992

Review of: Arend Lijphart (ed) „Parliamentary versus Presidential Government“; Oxford Readings in Politics and Government; Oxford University Press, Oxford, 1992, 257 p. by: Štefica Deren Antoljak

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Wizja polityki zagranicznej Francji prezydenta Macrona

Author(s): Stanisław Parzymies / Language(s): Polish Issue: 3/2017

Outlining his views on foreign policy at the annual meeting with French ambassadors in Paris, President Macron stressed that both the world and Europe needed France and pointed to the country’s unfavourable economic situation and lack of public approval for his reform programme as the main factors obstructing his foreign policy. This policy is aimed at ensuring security, guaranteeing independence and sovereignty, and safeguarding France’s global influence, with those objectives to be achieved through reforming the European Union in collaboration with Germany, fighting terrorism, resolving the refugee issue at the European level, and enforcing the Paris climate agreement. Other French priorities listed include: addressing the Israeli-Palestinian conflict, ending the civil war in Syria and reestablishing Libya as a viable state. In bilateral relations, Macron reiterated the significance of cooperation with Trump in resolving global crises, discourse with Putin on Ukraine and Syria, dialogue with Central European countries in defence of liberal democracy, and support for amending the posted workers directive. Macron’s one overarching goal is to restore France to a superpower status.

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Znanstvena transkripcija parlamentarizma

Author(s): Davor Rodin / Language(s): Croatian Issue: 04/1993

According to Carl Schmitt, liberal parliamentarism and democracy are founded on conflicting principles. The first is founded upon the principle of rational deliberation, that is, upon the idea that political will in a modem country is formed through rational discussion, the latter is based upon power as an instrument of political activity which homogenizes the national majority and eliminates divergent minorities. Schmitt considers that the principle of power is taking over deliberation in modem countries, and thus abandones the conditions for liberal parliamentarism. On another level, Schmitt argues that the contrast of deliberation and power is repeated within liberal-democratic institutions as division of powers between the multi-party parliament which fosters rational discussion, and executive power which is the instrument of political activity and must be legitimized in parliament. The weakness of liberal democracies is the empowering of those political forces (fascism, communism) that reject political dialogue as a process of competition between various platforms in front of the electorate, but they rather, see it as a means of imposing a single, self-serving truth. The author concludes that Schmitt has missed the key dimension of liberal democracy, because his critique is based upon an outdated, Neokantian methodological position. As the analog to Rickert’s nomothetic science, Schmitt in his political theory opposes rational generalizations and irrational content. However, the main point is that liberal political science as a constituent part of the political process operates between two political media, speech and action, without destroying plurality of political positions.

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Demokratska anomija: Schmittova kritika liberalne demokracije

Author(s): Tomislav Sunić / Language(s): Croatian Issue: 03/1994

After the fall of the communist east, liberal democracy has remained the sole form of political system. The author, in the vein of Carl Schmitt, raises some serious doubts about the ability of that system to stand up to the challenges posed by the 21st century. That dubiety primarily stems from the dichotomy between liberalism and democracy and the fact that technology, though apolitical according to the liberal canon, has long been politicized.

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Što danas znači biti građanin?

Author(s): Henning Ottmann / Language(s): Croatian Issue: 01/1995

The author’s definition of a citizen is based on B. Barber’s book Strong Democracy (1984). The ideal citizenship is closely linked to the concept of democracy. In liberal democracy (“thin democracy”) civic apathy and apolity prevails, so it is necessary to aim at “strong democracy”. Strong democracy is the one that has strong citizenry, i.e. self-governed citizens who actively participate in politics. This does not mean that representative democracy is to be relinquished; it is to be revived through the mutual cooperation of citizens. The civic virtue would be represented by “civility” marked by “empathy, respect and neighbourhood”. In the revival of bourgeois democracy, particular attention is being paid to the new means of communications. The weaknesses of Barber’s concept are, according to the author, equating citizens with neighbours, overemphasizing civic activity and putting too much confidence in latest technology (tele-voting). The concept of neighbourhood is civically too narrow, the activist mobilization may pose a danger while the political confidence in new technologies is dubious.

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Protecting the interests of the group (collective) in the jurisdiction of courts of common pleas and the Supreme Court in Poland

Author(s): Joanna Studzińska / Language(s): English Issue: 3/2016

The Act of 17 December 2009 on pursuing claims in class actions regulating court proceedings in cases which involve claims of at least 10 people, is a kind of novelty in Polish law. Undoubtedly, it is a legal act improving and modernizing Polish civil proceedings. However, one should pay attention to new developments and the lack of their clarification, and therefore to the importance of already issued judgments of the Supreme Court. For this reason, existing jurisdiction on this subject has been presented and analyzed, which allows to precise the subjective scope, the term and extent of the unification of claims, as well as the concept and requirement of a representative of the collective. Without any doubts, the practice, which starts to shape, as indicated on the example of jurisdiction, will allow to clarify the scope of the subject and object of the Act. The ability to limit the claims for liability of the defendant has, without any doubts, a very important role in functioning of the class action, because the unification of pecuniary claims is in practice very difficult. Past court decisions show that unification should be understood as occurrence of a members’ request for the generically same forms of protection. Many practical problems are also raised by the concept of the representative of the collective, and the way, in which the collective should choose one.

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Parlamentarna opozicija

Author(s): Zvonko Posavec / Language(s): Croatian Issue: 03+04/1995

The author thematizes opposition as a modern phase of the division of power in constitutional states. He distinguishes between the legitimate parliamentary opposition and all other forms of revolution, sabotage, and resistance to state power. The recognition of the integrity of a state is a prerequisite for establishing parliamentary rules regulating the relations among the government, the ruling party and the opposition. In the end, the author analyses the situation in Croatia.

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The Taiwan Problem: Two China or One China

Author(s): Teruji Suzuki / Language(s): English Issue: 1/2015

The difficult history of Taiwan has preoccupied politicians and scholars for the better part of the last century and is unlikely to be unraveled in the near future. The main issue is the following: are there two separate Chinas or one and if so who has the right to represent China? Both the Taiwanese and Peking governments have consistently adhered the One China theory and both claim the right to represent the country. Many legal concepts were devised in support of either party, including that Taiwan had become res nullius after Japan’s unconditional surrender, or a condominium of the Allied Powers. Several major theories are analysed in depth, based on the interpretation of public international law such as the Peace Treaty of San Francisco, the Treaty of Taipei and the Shimonoseki Peace Treaty. Parallels are drawn between the attempts to decide the legal status of Taiwan and akin attempts performed by some European territories such as bringing Alsace-Loraine in the fold of France. The paper aims mainly at exploring various concepts of Taiwan’s status according to international law. This investigation takes into account the international and the domestic situation.

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Dyskrecjonalność władzy administracyjnej – próba nowego ujęcia

Author(s): Artur Kotowski / Language(s): Polish Issue: 1/2014

The article discusses the differences and similarities between discretionary, judicial power and administrative authority. It indicates a possible recognition of the administrative and discretionary power. The author also considers possible risks in a democratic state governed by the rule of law, associated with the abuse of discretionary by administrative authority.

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Law making citizens’ initiatives and the constitutional law in Albania (legislation, jurisprudence, practice)

Author(s): Aurela Anastasi / Language(s): English Issue: 1/2014

The constitutionalization of the referendum and law making citizens’ initiatives makes them important institutions and also important tools for exercising direct democracy. The question that arises today is the effective usage of these tools, in the framework of enhancing the direct participation of the citizens in governance. Particularly, in countries like Albania, which represents one of the newest democracies established after the fall of the Communist regime in Europe, the exercising of these instruments encounters different challenges, coming up especially due to lack of traditions and practices in exercising direct democracy, legislation vacuum and the insufficiency of organizational experiences of the civil society. Nevertheless, some experiences in particular have been achieved in the last 15 years, after the current Constitution of the Republic of Albania was enacted. Out of the direct democracy instruments that are sanctioned in the Constitution of the Republic of Albania, this paper will focus only upon the law making citizens’ initiative and on the abrogative referendum initiative, as well. Legislation, jurisprudence of the Constitutional Court and some other issues identified through the experiences established in Albania will be treated in this paper. These experiences are analyzed in a comparative point of view with the experiences of other countries, particularly Italy.

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Zakres, formy stosowania i charakter prawny tzw. umowy dotacyjnej

Author(s): Elwira Stupienko / Language(s): Polish Issue: 1/2014

This article presents legal issues in connection to the relation between the state and the beneficiaries of earmarked subsidies for the realisation of public duty, especially the relation between the state and the local government bodies, as well as the purpose and the role of the subsidy contract in such relations. The provisions of the Public Finance Act referring to the conditions of allocating and reimbursement of the subsidy and, on the other hand, the right to regulate some of the rules in a contract as an institution of private law are being discussed in the context of the public character of the funds from subsidies. Additionally, common problems with the application of the provisions of the law are being reviewed in the above-mentioned context.

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Liberalne equilibrium: państwowa realizacja prywatnych celów

Author(s): Zbigniew Rau / Language(s): Polish Issue: 1/2012

Autor argumentuje, iż liberalna myśl polityczna stanowi equilibrium miedzy jej totalitarnym a anarchistycznym odpowiednikiem. W rzeczy samej, liberalizm znajduje sie w samym środku szerokiego spektrum możliwych relacji miedzy jednostka a państwem. Jest tak dlatego, ze totalitaryzm przyjmuje, iż jednostki winny tylko realizować cele państwa, a anarchizm zakłada, iż jednostki mogą realizować swoje prywatne cele tylko wtedy, gdy państwo nie istnieje. Z kolei liberalizm uznaje, ze zadaniem państwa jest realizowanie prywatnych celów jednostek, które sa jego obywatelami. Ta szczególna pozycja liberalizmu wynika z jego obrony trzech tez. Po pierwsze, przyjmuje (przynajmniej w swym głównym, kontraktualistycznym nurcie), iż jednostki, które pierwotnie same realizują swoje własne prywatne cele w stanie natury upoważniają państwo, by czyniło to za nie po zawarciu aktu umowy społecznej. Po drugie, zakłada on, iż przymus dostępny państwu, by mogło tego dokonać, oparty jest na zgodzie jego obywateli. Po trzecie, przyjmuje on, iz gwarancja skuteczności państwa w realizacji tego zadania jest prawo jego obywateli do emigracji.

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Equal Treatment of the Insured in Pension Law. Selected Issues

Author(s): Arleta Nerka / Language(s): English Issue: 1/2011

Social security law (social insurance law) is a policy instrument used by the state to pursue, trough law, the idea of social solidarity by ensuring a fair and dignified existence for all its citizens. Spreading the risk to which a person is exposed and extending it to the maximum number of persons exposed to the same risk (social solidarity) has a long tradition.

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Zasada demokratycznego państwa prawnego a niektóre problemy lustracji

Author(s): Rafał Bielski / Language(s): Polish Issue: 1/2010

W myśl pkt. 4 Rezolucji nr 10961 Zgromadzenia Parlamentarnego Rady Europy, dotyczącej środków demontażu dziedzictwa po byłych totalitarnych ustrojach komunistycznych, spuścizny po systemie totalitarnym nie można przezwyciężać za pomocą metod totalitarnych, czyli z naruszeniem zasad demokratycznego państwa prawnego. Art. 11 i 12 rezolucji mówi, że celem lustracji jest ochrona rodzącej się demokracji przed ludźmi, co do których nie można mieć pewności, że będą wykonywać swoje funkcje zgodnie z zasadami demokracji.

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