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Actual challenges for the implementation of judgments of the European Court of Human Rights
The author analyzes the problem of the implementation of judgments of the European Court of Human Rights (ECtHR). In light of the European Convention on Human Rights (ECHR), a special role in its control mechanism is played by the Committee of Ministers of the Council of Europe. Despite the measures taken, there have been delays in the execution of judgments or the lack of their implementation for years. The author analyzed this problem in light of the latest reports of the Committee of Ministers and the recommendations of the Parliamentary Assembly. He pointed to the need for greater activity in this process of other bodies of the Council of Europe, including: the Commissioner for Human Rights, the Venice Commission, the CPT, the ECRI as well as institutions of the civil society. In the last decade, the interest of the Parliamentary Assembly of the Council of Europe in this matter has clearly increased. The author postulates that parliamentarians sitting in this body should be more active in this regard in their countries. They have instruments of control on the executive power, which could be used to increase the effectiveness of the execution of the ECtHR's judgements. ; The author analyzes the problem of the implementation of judgments of the European Court of Human Rights (ECtHR). In light of the European Convention on Human Rights (ECHR), a special role in its control mechanism is played by the Committee of Ministers of the Council of Europe. Despite the measures taken, there have been delays in the execution of judgments or the lack of their implementation for years. The author analyzed this problem in light of the latest reports of the Committee of Ministers and the recommendations of the Parliamentary Assembly. He pointed to the need for greater activity in this process of other bodies of the Council of Europe, including: the Commissioner for Human Rights, the Venice Commission, the CPT, the ECRI as well as institutions of the civil society. In the last decade, the interest of the Parliamentary Assembly of the Council of Europe in this matter has clearly increased. The author postulates that parliamentarians sitting in this body should be more active in this regard in their countries. They have instruments of control on the executive power, which could be used to increase the effectiveness of the execution of the ECtHR's judgements.
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Parlamenty jako determinanta legitymacji strategicznej w organizacjach międzynarodowych. Recenzja publikacji: Frank Schimmelfennig, Thomas Winzen, Tobias Lenz, Jofre Rocabert, Loriana Crasnic, Cristina Gherasimov, Jana Lipps, Densua Mumford, The Rise of International Parliaments: Strategic Legitimat...
In: Przegląd Sejmowy, Volume 3(170), p. 243-250
The reviewed book concerns important issues related to the international activity of parliamentarians. The authors show the theoretical aspects of the activities of international parliaments and other international parliamentary institutions. They focused in particular on the importance of this activity for ensuring strategic legitimacy. They argue that international organizations establish international parliamentary institutions to legitimate themselves by creating the appearance of democratic governance. In addition to theoretical lectures, case studies were presented, showing parliamentary dimension of the individual international organizations (including e.g. the European Union, OSCE, the Commonwealth of Independent States, Andean Community, the East African Community and Mercosur). The work makes a significant contribution to getting to know the specifics of international parliamentary organizations and showing the conditions for undertaking parliamentary diplomacy.
Actual challenges for the implementation of judgments of the European Court of Human Rights
The author analyzes the problem of the implementation of judgments of the European Court of Human Rights (ECtHR). In light of the European Convention on Human Rights (ECHR), a special role in its control mechanism is played by the Committee of Ministers of the Council of Europe. Despite the measures taken, there have been delays in the execution of judgments or the lack of their implementation for years. The author analyzed this problem in light of the latest reports of the Committee of Ministers and the recommendations of the Parliamentary Assembly. He pointed to the need for greater activity in this process of other bodies of the Council of Europe, including: the Commissioner for Human Rights, the Venice Commission, the CPT, the ECRI as well as institutions of the civil society. In the last decade, the interest of the Parliamentary Assembly of the Council of Europe in this matter has clearly increased. The author postulates that parliamentarians sitting in this body should be more active in this regard in their countries. They have instruments of control on the executive power, which could be used to increase the effectiveness of the execution of the ECtHR's judgments.
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Najwyższe zwierzchnictwo Prezydenta Rzeczypospolitej Polskiej nad siłami zbrojnymi w świetle konstytucji z 2 kwietnia 1997 roku red. Michał Szewczyk
In: Przegląd Sejmowy, Volume 5, Issue 148
A review of the book: Joanna Marszalek-Kawa, Constitutional Status and Functions of the Sejm of the Republic of Poland Following the Accession to the European Union, ELIPSA Publishing House, Warsaw 2012,p. 713
In: Polish political science: yearbook, Volume 42, p. 335-339
ISSN: 0208-7375
Polityczny wymiar objęcia państw Europy Środkowej i Wschodniej standardami demokratycznymi Rady Europy
In: Nowa Polityka Wschodnia, Volume 1, Issue 1, p. 15-33
Plattform für Dialog und Zusammenwirken
In: Polens Gegenwart: Informationsbulletin d. Presse-Agentur West, Volume 20, Issue 3, p. 7-11
ISSN: 0209-049X
Aus polnischer Sicht
World Affairs Online
Trendy rozwojowe federalizmu amerykańskiego ; Evolutional Trends of American Federalism
Federal structure of American governmental system, shaped by the 1787 Constitution, has survived till now, although governmental institutions have undergone transformations together with the change of socio-economic conditions. The model of dual federalism has given way to the model of cooperative federalism. In spite of the centralist trends started by the New Deal reforms, the (initiatives undertaken by presidents L. B. Johnson (Creative federalism), R. M. Nixon and G. R. Ford (new federalism) mean an attempt at preserving the equilibrium between the federal government and states. Intensification of forms of subsidies used till now (grants-in-aid) and introducing uconditional subsidies (revenue sharing) show that the lack of financial balance did not became for the federal government a signal for taking over the "endangered" state functions, a solution is sought in the way of strenghtening all the levels by subsidies so that can effectively manage their responsibilities as assigned to them by the federal division of tasks. To meet the growing responsibilities a modernization of state governments have been started in mid-sixties. The modernization increased the technocratic potential of state governments and broadened their possibilities in modern management. As alternatives to federal system the following solutions are most frequently quoted: regionalisation, basing local authorities on the institution of ethnic communes, increased importance of towns, the role of local authorities as ombudsman. These radical suggestions have however very little chance to be realized in immediate future, they might be caused only by a great crizis. American system reacts to smaller irregulations by releasing tensions. The immediate perspective goes in the direction of particular transformations aiming at: rationalization and consolidation of local units, revision of constitution and modernization of state level, broadening federal subsidies for states and local governments, increasing federal government's responsibility for securing social services, growth in direct contacts between the federal government and local authorities. No radical centralist or decentralist alternative does constitute a panaceum in American conditions. Attachment to traditional solutions taking in consideration adaptational possibilities of federalism seems to determinate its further functioning. Pragmatic tendencies will show themselves in attempts to modernize all levels of government in purpose to readjust them to changing needs and conditions of life of American society. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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RECENSIONES - The Parliamentary Assembly of the Council of Europe
In: Revista de estudios políticos, Issue 125, p. 373-376
ISSN: 0048-7694
The Development of the Polish Party System: a Perspective of the Parliamentary Elections Results
In: Polish Political Science Yearbook, Volume 2, Issue 46, p. 227-246
ISSN: 0208-7375
The author analyses the dynamics of the Polish party system in the light of the outcomes of the parliamentary elections in the Third Republic of Poland (since 1989). He exposes especially the last element of that evolution – the 2015 parliamentary election. It resulted in the victory of Law and Justice (PiS) party. For the first time in the history of democratic Poland, the victor was able to create a government without having to negotiate with coalition partners. The success of PiS seems to be a result of the combination of several factors. It would be mistaken to portray an emerging situation as a simple rightist win. PiS to some extent represents a social attitude, typical for the socialist (social-democratic) parties, with some part of the program including a populist message, but with the combination of a conservative approach to several issues and nationalistic stand on a perception of patriotic mood. The important meaning has a support of PiS by the Catholic Church, especially at the grass-roots level. The victory of PiS and forming of the majority government have an important meaning for the functioning of the political parties' system in Poland. For the first time since 1989, there were not balancing of power situation which the coalition governments have brought about. The political parties, creating the opposition in parliament, must offer a new strategy of behaviour in such circumstances, especially dealing with challenging the PiS policy to compromise a democratic system based on the 1997 Constitution, e.g. division of power, position of the Constitutional Tribunal and functioning of the judiciary
Book Review: Joanna Marszałek–Kawa, Constitutional Status and Functions of the Sejm of the Republic of Poland Following the Accession to the European Union, ELIPSA Publishing House, Warsaw 2012, p. 713
In: Polish Political Science Yearbook, Volume 42, Issue 1, p. 335-339
ISSN: 0208-7375
The monograph of Joanna Marszałek-Kawa concerns one of the key problems of the European integration process: the impact of European Union membership on the position of the national parliament. It is clear that EU membership affects the constitutional status and functions of national legislature in a number of ways. The author hypothesised the following: "After the accession of Poland to the European Union, both the Polish constitutional status and functions of the Sejm of the RP have significantly changed. The Council of Ministers became an authority that partly assumed its competences, which in practice should be viewed as dominance of an executive over a legislative branch. As a result of accession, prerogatives of the Sejm were significantly reduced in favour of the government. The fall of legislative sovereignty took place when the amendments made were more and more oft en assessed."