Suchergebnisse

The article presents the thesis that the activity of the organs of local selfgovernment units is based on the constitutional principle of term of office. All cases of shortening or extending their term of office are constitutional matter. As exceptions to the term of office, they cannot be interpreted extensively. In the light of the provisions of the Constitution of the Republic of Poland, failure to conduct elections of local self-government units on time is an attempt to deprive the Nation of its sovereign rights as a supreme power in the state and exhausts the features of anti-democratic activities of state authorities. The work uses the dogmatic method. The legal provisions concerning the term of office of local government bodies' activities were analyzed. On this basis, the research problem of the constitutionality of extending the term of office of local government units during the term of office has been solved.

The presented review article is devoted to the monograph Взаємодія політики і права у процесі суспільної трансформації в Україні та Республіці Польща [Interaction of Politics and Law in the Process of Social Transformation in Ukraine and the Republic of Poland] by Oksana V. Kukuruz. The author emphasises that politics and law are equally important regulators of social relations, sharing a common goal – the effective development of society. She argues that a socially useful model of interaction between politics and law should be based on: scientific basis, constitutional values, information and communication component, political and legal responsibility. The researcher proves that the proper interaction of politics and law is possible through the maximum convergence of their practical and theoretical levels, based on scientifically justified recommendations.

An analysis of the legal aspects of the independence of public prosecutors should examine the contexts that frame their external and internal independence. The paper proposes the thesis that although the legislation proclaims that within the scope of his/ her activities a public prosecutor is independent, though a particular legal solution has significantly limited this independence, and this has made public prosecutors dependent on political guidelines, dispositions, and orders.

The article is focused on the effect of the establishment and application the European Union law in Poland immediately after 2004. By becoming the law binding in Poland (and other member states of the EU), the EU law effected significant changes in the sphere of law creation and application. Traditionally, in the national legal order, the law of the highest force is the constitution, while in accordance with the EU legal order, the regulations of the European law are superior in their application in the territory of the member states, including the regulations of the constitution. The present analysis explains how the dilemma of the simultaneous superiority of the regulations of the constitution and the regulations of the EU law was solved in Poland and what importance is attributed to the concept of favourable interpretation of the national law and the EU law. The present paper poses the hypothesis that the model of reconciling the regulations of the Polish law and the regulations of the European law developed in Poland immediately after 2004 was correctly established. It contributes well to Poland meeting international obligations, at the same time respecting the superior position of the constitution.

This text presents the category of accountability, which is well known in the social sciences, in the context of constitutional law institutions as a useful tool for reflecting on the development of the taking/giving of an account by reporting to the entity that entrusted the constitutional law institutions with their function. The article argues that accountability can be a pivotal category in at least three dimensions: 1) for the implementation of the principle of the democratic entrustment of power within the obtained mandate; 2) the division of powers and the system of mutual entrustment and settlement of their performance, as well as 3) accounting for competencies entrusted to public administration. The text presents the features of accountability in the system of the division of powers, with the indication of key problems in this area, and briefly presents the institutions of constitutional law that can be treated as serving the implementation of accountability.

This text presents the category of accountability, which is well known in the social sciences, in the context of constitutional law institutions as a useful tool for reflecting on the development of the taking/giving of an account by reporting to the entity that entrusted the constitutional law institutions with their function. The article argues that accountability can be a pivotal category in at least three dimensions: 1) for the implementation of the principle of the democratic entrustment of power within the obtained mandate; 2) the division of powers and the system of mutual entrustment and settlement of their performance, as well as 3) accounting for competencies entrusted to public administration. The text presents the features of accountability in the system of the division of powers, with the indication of key problems in this area, and briefly presents the institutions of constitutional law that can be treated as serving the implementation of accountability.

The text concerns the legal basis of the CJEU judgment of 15 July 2021 in case C 791/19 1European Commission v. The Republic of Poland. In this judgment, the Court adjudicated regarding the EU compliance of the national regulations governing the system of the organs of judicial authority. Against this background, it is argued that the system of the organs of judicial authority in any EU Member State does not fall within the competence granted to the EU, but remains solely within the competence of the Member State. The CJEU is empowered to adjudicate only within the scope of competences conferred upon the EU. The CJEU is not competent to take over the competences of the organs of state power of Member States or to thereby force them to adopt particular legal solutions. Any action taken by the CJEU without a proper legal basis has but the appearance of adjudication. In the authors' opinion, the CJEU judgment raises many doubts as to its compliance with EU law.