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Kontrola obowiązku notyfi kowania ustawy w postępowaniu przed Trybunałem Konstytucyjnym

100%

Radziewicz P.

2014

nr 5(124)

55-76

This article deals with the issue of admissibility of the review of constitutionality of a statute passed in violation of the EU’s notification procedures. The analysis covers three specific issues — the subject, the base (reference) and the procedure of review exercised by the constitutional court. The subject of the review in a case in which the allegation against the statute is based a breach of EU notification procedures, is determined by the scope of the responsibilities of the Constitutional Tribunal, which means that these procedures can be examined only in a certain range and under reservations. The jurisdiction of Court is therefore limited to the review of fulfillment of the obligation to notify, treated as part of the national legislative proceedings. The review of constitutionality of a statute, to which the allegation of a breach of notification duty has been made, is possible under the so-called procedural review of the statute; in this case the review should be based on the general constitutional norms establishing the principle of the democratic state ruled by law (Article 2) and principle of legalism (Article 7). Due to the need to avoid the conflict between the powers (jurisdiction) of the Constitutional Tribunal and the Court of Justice of the EU, the functional condition of the question of law courts from the courts (Article 193 of the Constitution should be redefined). Adjudication on the so-called EU matters should remain the domain of the national courts, acting on the principles laid down in EU law.

Doradztwo naukowe w pracach Sejmu

100%

Radziewicz P.

Przegląd Sejmowy

2013

nr 5(118)

33-50

The article briefl y reviews the concept of scientifi c consultancy services in the work of the Sejm. The author presents their organisation, legal basis for acquisition of expert reports and, generally, the role they play in the parliamentary decision-making process. Persons performing scientifi c consultancy services are answerable not only to those who employ them as experts, but also to the scientifi c world and society at large. Academic or research workers are always bound by ethical standards, disregarding the place where the consultancy is rendered. The purpose of appointment of experts is to provide support for the decision-maker (i.e. the legislative power) in resolving problems that are of vital interest to the nation. The Sejm has to benefi t from specialist knowledge as a result of complexity of modern life processes and a wide range of matters it has to address. Therefore, the participation of experts should ensure rationality of Sejm’s operation and minimise the risk of making wrong decisions in matters of public interest. The author presents proposals for improvement in the current practice of consultative services rendered to the Sejm along with amendments of legal provisions in this respect.

Working Assumptions and Statistical Analysis of the Constitutional Survey

100%

Radziewicz P.

2019

nr 4

The article presents the working assumptions and methodology of carrying out a constitutional survey. The survey concerned legal assessment of the norms of the current Constitution and its practical application. Some questions also referred to the need to amend the Constitution and possible directions of the substantive adjustment of its provisions. The survey covered representatives of the science of constitutional law from all over Poland and had exclusively scientific objectives, in particular was not aimed at supporting any political legislative initiatives or pending legislative efforts. The article presents statistics of responses to individual questions of the survey commented briefly by the authors. It discusses inter alia the adequacy and effectiveness of the principle of separation and balancing of powers, regulations concerning constitutional responsibility, advantages and disadvantages of the current Constitution as well as the purposefulness of introducing unamendable provisions therein.