„Lexit” – pozalaburzystowska, antyunijna lewica brytyjska w referendum 2016 roku

Author(s): Filip Ilkowski / Language(s): Polish Issue: 2/2020

The article presents the analysis of activities and ideological motivations of politicians and politicalformations connected to those parts of non-Labour British left, that appealed during the 2016 referendum to vote for leaving the European Union by the United Kingdom. It points to key ideologicalpillars of this heterogenic political milieu with its common and divergent elements. The thesis isput forward in the text that, as in the case of Labour politicians, also among the left-wing outsidethe Labour Party, we can point to two ideological and political poles that decide to opt for leavingthe EU by the UK: socialist universalism and national-identity particularism. Their key determinantwas the views on immigration control, also affecting their attitude to cooperation with the anti-EUright-wing political milieu.

Metodologia badań nad komitologią w zakresie analizy wpływu jej funkcjonowania na treść prawa uchwalanego w Unii Europejskiej

Author(s): Weronika Borkowska / Language(s): Polish Issue: 1/2020

The article presents methodological theories, application of which, when adopting the political and legal research perspective, makes it possible to analyse the impact of comitology on the shape of law adopted in the European Union. The author assumes that in consideration of equally complex decision-making centres as comitology committees, whose structural element is their location between two levels – the Community and the national level, therefore, it is impossible to limit toonly one research method. The purpose of the article is an attempt to demonstrate that the mostreasonable approach to comitology research is to use institutional and legal analysis, which isbased on theoretical assumptions combining political and legal sciences and to supplement it toexplain phenomena occurring within the comitology committees by applying the assumptions ofPAT (Principal–Agent Theory), the Scharpf’s theory of legitimacy of power, Wessels’s fusion theoryand analysis of empirical data. This approach is designed to enable the examination of normativeacts, in which legal basis of functioning of the comitology institutions (i.e. the EU founding treaties,comitology regulations and judgments of the Court of Justice of the European Union), as well as to highlight a number of issues relevant to the practical aspect of the functioning of comitology committees.

Wpływ Brexitu na współpracę sądową w sprawach karnych w Unii Europejskiej

Author(s): Anastazja Gajda / Language(s): Polish Issue: 1/2020

The exit of the United Kingdom from the European Union is one of the main challenges for the continued functioning of the European judicial area in criminal matters. In this article, special attention willbe paid to selected aspects of ensuring further judicial cooperation in criminal matters after Brexit.This primarily concerns the possibility of further participation of the United Kingdom in specific institutions supporting this cooperation (Eurojust and Europol) and the application of legal instrumentsimplementing the principle of mutual recognition of judgments, with reference to the flagship legalinstrument, i.e. the European arrest warrant. It also presents a unique position of the United Kingdomin the Area of Freedom Security and Justice in the EU, which that state is guaranteed under theprovisions of Treaties

Współpraca eurodeputowanych w ramach grupy politycznej Europejskich Konserwatystów i Reformatorów

Author(s): Paula Wiśniewska / Language(s): Polish Issue: 1/2020

The aim of the article is to investigate a cooperation between the Members of the European Parliament in the European Conservatives and Reformist Group. ECR Group was formed in the EuropeanParliament in 2009 and the biggest parties in ECR are the British Conservative Party and Polish Lawand Justice. United Kingdom will leave the European Union and the question is whether the ECRgroup is enough institutionalised to survive after Brexit? The Author of the article uses the analysis ofthe scholar literature, reports and ECR’s political programs, and tries to find answers to the followingresearch questions: how did the conservative parties cooperate within the ECR? What is the internalstructure of the ECR group? What positions were held by ECR in the European Parliament?

Zgromadzenie Regionów Europejskich jako grupa interesów regionalnych jednostek terytorialnych

Author(s): Hanna Dumała / Language(s): Polish Issue: 1/2020

The aim of the article is to analyse activities of the Assembly of European Regions (AER) as an international interest group of sub-national territorial units at the regional level in Europe. The articlepresents the genesis of the Assembly, the evolution of its membership, as well as the tools and thechannels of lobbying used. The text positively verifies the hypothesis that expansion of the Assembly on administrative regions from Central and Eastern Europe caused that strong political regionsfrom Western Europe lost theirs interests in participating in AER’s works which, in turn, weakenedthe AER’s influence in Europe.

Kontrola parlamentarna w Republice Uzbekistanu

Author(s): Andrzej Pogłódek / Language(s): Polish Issue: 2/2019

This work focuses on the parliamentary control in Uzbekistan. Currently, besides the Constitutionof Uzbekistan, the issue of parliamentary control is subject to the Act from 11 April 2016 „on parliamentary control” and other legislative acts, in particular relating to the constitutional position of OliyMajlis. The law provides for various mechanisms of control over the executive power (e.g. vote forbudget approval, parliamentary inquiry, parliamentary investigation, presenting information abouttheir business by the executive power). Currently, the most important challenge related to the development of parliamentary control in Uzbekistan is further democratisation of the political regime,increasing political pluralism.

Parlament Białorusi – kompetencje w obszarze polityki zagranicznej

Author(s): Łukasz Staśkiewicz / Language(s): Polish Issue: 2/2019

The National Assembly of the Republic of Belarus as legislative authority representation mainlyplays a legislative role. However, both Chambers of the Belarusian Parliament are also involved inthe process of implementing the country foreign policy. They perform it through the activities withinthe framework of multilateral cooperation or bilateral cooperation. They consider legislative issuesrelated to international agreements or the approval of foreign policy orientations. The presentation ofthe above issue required an analysis of the Belarusian Parliament constitutional status in the contextof international relations, as well as normative acts that regulate the political and legal aspects of activities in the discussed area. Therefore, an institutional and legal analysis, as well as a comparativemethod were mainly used. The analysis of legal bases of the Belarusian Parliament activities withinthe framework of foreign policy allowed to present the aspects related to the organisation of these activities, as well as to characterise competence, and to assess the Parliament role within this area.The results of the carried-out studies showed that the position of the National Assembly in foreignpolicy, despite its entitled competence, is small or not fully exploited.

Prawo do swobodnego przemieszczania się w przypadkach bezdomności migrantów wewnątrzunijnych

Author(s): Magdalena Mostowska / Language(s): Polish Issue: 2/2019

The article examines interpretations of freedom of movement and access to social assistance withinthe EU Directive 2004/38. Examples of EU migrants’ homelessness are shown to demonstrate the confusing circularity in the regulations. The paper goes on to the development of local governments’ and voluntary organizations’ practice of limiting support to EU migrants in homelessness.Narrower interpretations of the right to reside are a basis for refusing access to benefits or even shelter. Repressive public space practices lead sometimes even to deportations. These interpretations,practices and public discourse are shown on the examples of the Netherlands, the UK and Sweden.Interpretations of the European law, practices and public debate are tools that limit exercising theright to free movement by socially defining and categorising homeless EU migrants as persons whose rights are dependent on their position on the labour market.

Europejska agenda czwartego rządu Angeli Merkel

Author(s): Arkadiusz Stempin / Language(s): Polish Issue: 2/2019

Artykuł analizuje stanowisko rządu kanclerz Angeli Merkel wobec dalekosiężnych planów przebudowy UE formułowanych przez francuskiego prezydenta w trzech kluczowych obszarach: uniigospodarczej i walutowej, kwestii uchodźczej i polityki bezpieczeństwa oraz w kwestii politykiwobec dwóch pozaunijnych graczy na kontynencie: Rosji i Turcji. Artykuł stara się udowodnić,że niemiecka szef rządu, preferująca jedność UE nad jej pogłębioną integrację, będzie szukałakompromisu z Emmanuelem Macronem, uwzględniając odmienne od francuskiego stanowiskainnych państw unijnych i dążyła do zahamowania fali uchodźczej z Afryki na drodze porozumieńz krajami afrykańskimi. Wobec autokraty tureckiego, unikając prowokacji, A.Merkel będzie się staraćwypracować pragmatyczne relacje. Także wobec Rosji, pomimo, że ta stanowi zagrożenie dla bezpieczeństwa UE, za wymóg chwili uzna zawiązanie sieci ożywionych relacji.

Immunitet parlamentarny we współczesnym świecie – ujęcie prawnoporównawcze

Author(s): Andrzej Jackiewicz / Language(s): Polish Issue: 1/2019

The purpose of the article is to determine the current form of parliamentary immunity in variouscountries. The author uses the comparative-law method to analyse constitutions that represent themost common solutions, taking into account the geographic criterion, used in countries located ondifferent continents and having different legal cultures. The author analyses the subjective scope ofnon-accountability and non-violability and focuses on the time and place in which the protection isprovided, and trace the objective scope of the protection and the solutions related to the possibilityto lift the parliamentary immunities. The analysis leads to the conclusion that non-accountability issimilar in different countries, has undergone few modifications over the years, and it is permanentlyformed. In the case of non-violability, there are more extensive differences, in particular in the objective scope and the degree of protection. However, various solutions prove that there is not a singleuniversally accepted model of immunity and that the scope of the guaranteed protection can be more diverse, it can be subject to change, and be adapted to the changes in political systems andthe political and social expectations.

Domniemanie przyjęcia poprawki senackiej jako konstytucyjny standard procesu legislacyjnego

Author(s): Olga Kazalska / Language(s): Polish Issue: 1/2019

On 5 August 2015, at the plenary sitting of the Sejm, was submitted the motion to adopt the Senate’samendments. Despite obtaining an absolute majority of votes, the Marshal of the Sejm declaredtheir rejection by the Sejm. Doubts regarding the compliance with all the requirements of thelegislative procedure prompted the President of the Republic of Poland to bring the case to theConstitutional Tribunal for consideration. It was necessary to determine whether the presumptionof adoption of the Senate amendment, adopted in the Constitution of 1997, is a regulation on theessential elements of the legislative procedure, violation of which determines unconstitutionality ofthe legislative act

Dwuizbowy parlament i reformy instytucjonalne w Republice Włoskiej

Author(s): Zbigniew Machelski / Language(s): Polish Issue: 1/2019

Parliaments are dual institutions by nature, as they connect society with the legal structure of thestate power. An analysis of the structural properties of contemporary legislative bodies indicates theparticular importance of the factor of internal organization, which makes it possible to distinguisha symmetrical bicameralism. The case of Italy is attractive for researchers of political systems formany reasons. One of them is a fact, that both chambers hold the identical legal and political positions, have the same five years’ terms of office and identical scopes of authority. The proportionalvoting system guaranteed (with two exceptions) that the legislative branch was a mirror image ofsociety, allowing the meeting of various ideologies, including the most radical ones. Italy’s bicameral parliament manifested its ability to absorb a peaceful confrontation between the opposite polesof the political life in the conditions of a politically and culturally divided society.

Legalność religijnego uboju zwierząt w polskim porządku prawnym na tle norm prawa unijnego

Author(s): Karolina Piech / Language(s): Polish Issue: 1/2019

The article raises the issue of the constitutionality of the ritual slaughter in the Polish legal system.The author compared together the issue of freedom of religion and the legal protection of animalsin the Republic of Poland. The first of the issues is the rule of freedom of conscience and religion innational law and EU law. Next, the author presented some of the regulations introduced by the acton protection of animals of 1997 and the position of the Polish Constitutional Court, and comparesthem with the legal norms of the European Union. An article was ended by remarks called as de legeferenda; the author pays attention on the problems of commercial ritual slaughter and inconsistencyof Polish law with the EU law.

Instytucja parlamentu w państwach byłej Jugosławii

Author(s): Małgorzata Podolak / Language(s): Polish Issue: 1/2019

Parliament is the body of legislative power and, along with the government and the head of state,it plays the most important role in the state. The article concerns the analysis of the parliamentaryinstitutions in the countries of the former Yugoslavia, i.e. Bosnia and Herzegovina, the Republic ofCroatia, the Republic of Montenegro, the Republic of Kosovo, the Republic of Serbia, the Republic ofSlovenia and the Republic of Macedonia. The method used in the study was a system analysis anda comparative method, thanks to which we can see the similarities and differences in the functioning of the parliaments. In the analyzed countries, parliaments are subjects that influence politicalprocesses and the creation of law. The creators of the constitution had to take into account thetraditions of parliamentarism as well as the complicated nationality situation in the countries.

Pozycja ustrojowa parlamentu finlandzkiego Eduskunty

Author(s): Viktoriya Serzhanova / Language(s): Polish Issue: 1/2019

The hereby paper takes up the analysis of the constitutional position of the Finnish parliament Eduskunta from the moment of its establishment and as a result of its development during the centuries, with a special attention paid to the present normative state and on the basis of the hithertoconstitutional practice. It aims at deriving the origin and presenting the evolution of this authority atthe Finnish lands, which in consequence leads to reliable conclusions in the scope of determiningits current constitutional position in the system of the supreme state authorities of Finland. Thesubject of the paper focuses on the analysis of the beginnings of Eduskunta’s formation and Finnishparliamentarianism, its further evolution, current composition, internal structure, functions and competences presented on the basis of the exegesis of the provisions of the binding basic law of 1999and the parliament’s rules of procedure. The constitutional principles referring to the parliament andthe analysis of Eduskunta’s relations with the other supreme state authorities, which determine the state’s form of government, seem to be of particular significance in this context, as they contributeto a more precise definition of Eduskunta’s constitutional position, as well as to pointing out its originality and dissimilarity regarding other contemporary democratic states.

„Sprawa Sahary Zachodniej” – znaczenie instytucji sądowych Unii Europejskiej dla stosowania mechanizmu ocen skutków ochrony praw człowieka w sferze stosunków handlowych z państwami trzecimi

Author(s): Katarzyna Szepelak / Language(s): Polish Issue: 1/2019

Article presents the problem of applying human rights impact assessments by the EU institutions in the trade relations with the third countries and influence of case-law of judiciary institutions ofEuropean Union on the development of said instrument. For that purpose instrument of humanrights impact assessments was presented along with the good practices regarding normative scopeof assessments and desired methodology. Practical analysis of the instrument’s application wereexemplified by the description of the EU-Morocco trade agreements influence on human rights of the people of Western Sahara. For that purpose author elaborates on the landmark case-law ofthe ECJ and EU GC in case of Front Polisario and examines the documents issued in the process ofnegotiation of the new trade deal within the EU and the Kingdom of Morocco.

Stosunek Rosjan do Dumy Państwowej na podstawie wszechrosyjskich sondaży Centrum Lewady i WCIOM przeprowadzonych w latach 2001–2017

Author(s): Beata Goworko-Składanek / Language(s): Polish Issue: 1/2019

The Russian State Duma after 12 years of office in Russian Empire at the beginning of the twentiethcentury, permanently settled in the Russian Federation after 1993. Surveys show that many Russiansconsider the Duma to be a non-autonomous institution, totally dependent on the executive andfulfills all of its wishes. It does not enjoy as much support or trust from the Russians as the President,the government or even the Federation Council. It also plays a much smaller role in relation to theorgans referred to. The constitutional position of the Duma affects its political role and in the eyesof the Russians limited influence on the activities of the state. This role is definitely smaller than therole of the media or even the oligarchs.

Przyszłość Unii Europejskiej po Brexicie. Rosyjski punkt widzenia

Author(s): Valentina Prudskaya / Language(s): Polish Issue: 1/2019

In recent years, it is difficult not to notice the growing number of serious crises experienced bythe European Union. It is clear that the old methods of overcoming crises in today’s reality do notwork anymore. The United Kingdom European Union membership referendum in June 2016 (theso-called Brexit) can undoubtedly be called a special turning point in the existence and functioningof the EU. The aim of the article is to present, analyse and compare opinions and assessmentscreated in the expert and academic environment in Russia on the future of the European Union afterthe referendum in Great Britain. Another goal is to find an answer to the question of what future ofrelations between the EU and Russia is expected by Russian researchers and experts. In the articlethe following research methods were used: desk research, critical analysis, comparative methodand analysis of media discourse.

Recenzja książki: Phillip M. Ayoub (2017), Das Coming-out der Staaten. Europas sexuelle Minderheiten und die Politik der Sichtbarket, Bielefeld, 313 stron

Author(s): Magdalena Borysławska / Language(s): Polish Issue: 1/2019

Sprawozdanie z III Ogólnopolskiego Okrągłego Stołu EUIncSo „Społeczeństwo, władza, media: mowa nienawiści a inkluzja społeczna”

Author(s): Aleksandra Szczerba-Zawada,Joanna Lubimow / Language(s): Polish Issue: 1/2019