Wyniki wyszukiwania - Biblioteka Nauki

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W sprawie wywłaszczania nieruchomości na rzecz podmiotów innych niż Skarb Państwa lub jednostka samorządu terytorialnego. Uwagi w związku z petycją nr BKSP-145-538/19

100%

Dubowski R.

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2019

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nr 4(153)

140–147

EN

In the petition submitted to the Sejm, it is postulated to extend the catalog of entities benefitting from expropriation. Assessing this proposal, the opinion refers to analyses of, i.a., the jurisprudence of the Constitutional Tribunal on the matter. In conclusion, it is stated that the regulations admitting expropriation for the benefit of private entities — depending on the adopted model of control — could be regarded as inconsistent with Article 21(2) or Article 64 in conjunction with Article 31(3) of the Constitution.

2

Opiniana temat petycji obywatelskiej w sprawie uniemożliwienia bankom dochodzenia roszczeń na podstawie art. 777 Kodeksu postępowania cywilnego

100%

Szpringer Z.

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nr 2(54)

233-241

EN

The petition submitted by a private person, concerning amendment of Article 777 of the Code of Civil Procedure in a way to prevent banks from issuing the so-called bank enforcement titles, raises concerns about the scope of amendment to legislation. The request indicated in the petition is particularly vital for borrowers who, before they had been granted a credit, signed a statement concerning submission to enforcement and borrowers regarding whom there are pending (or will be in future) executive proceedings. However, use of the right to security of claims by banks does not deprive the borrower form right to start counter-enforcement proceedings, from seeking protection of his rights in a court.

3

O potrzebie ustawowego uregulowania trybu rozpatrywania petycji

100%

Florczak-Wątor M.

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nr 2(38)

25-43

EN

The article provides a comprehensive analysis of the right of petition and the need for regulation of this field by statute. The author examines the right of petition both in historical context and by way of reference to the existing regulations and views of legal theorists. She comes to an unequivocal conclusion that there is need for statutory regulation of the right of petition, that would lead to an elevation of the status of that right which, in practice, has been reduced to the right to make requests and complaints in the form that existed prior to the adoption of the Constitution. Moreover, a separate law devoted to the right of petition would encourage citizens to make use of this form of dialogue with the government and make it possible to comprehensively regulate the issue of petition and to ultimately solve many problems with establishing the mutual relations between petitions, complaints and requests.

4

Zakres podmiotowy prawa do petycji w Niemczech

100%

Wichrowski F. Z.

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nr 2 (22)

79-99

EN

The subject of this article is the right to petitions specified in Article 17 of the Basic Law of the Federal Republic of Germany. This provision regulates the individual’s right to address requests and complaints to public authorities. This publication contains an analysis of this institution with regard to entities that are entitled to exercise this right, as well as entities obliged to consider submitted petitions. The author begins the analysis of the indicated institution be reviewing the evolution of the historical right to petition, which has evolved from the institution of supplication known in ancient Rome. He indicates changes in the subjective scope of the right to petitions, focusing on the achievements of German constitu- tionalism in the 19th century. Next, the current regulation that guarantees the right to petition in Germany in its normative environment is presented. The public authorities that are the addressees of the petition have been analysed, and the scope of duties associated with receiving a complaint or request indicated. Furthermore the author describes particular types of entities that are guaranteed the right to submit petitions under the Basic Law of the Federal Republic of Germany. In this respect, various kinds of restrictions of this right, depending on the type of the petitioner, are identified. The last part of the work contains the characteristics of various forms of petitions due to the type of author and the addressee. Various functions which currently are fulfilled by the institution of petitions were subjected to analysis. In this context, a distinction was made between individual petitions and collective petitions, tak- ing into account their subject matter and the aims intended by the petitioner. The author also shows the future possibility of a development of the discussed institution, describing the public petition to the Bundestag, which has an electronic form.

5

Realizacja prawa petycji przez Sejm VIII kadencji (lata 2015–2018). Wybrane zagadnienia

88%

Gromek Z.

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nr 3(152)

21–40

EN

The article contains an analysis of the hitherto realisation of the constitutional right of petition by the Sejm of the Republic of Poland. With the entry into force of the Act of 11 July 2014 on petitions, public authorities, including the Sejm, became obliged to consider petitions. In the Sejm, Petition Committee was established as the organ competent to consider petitions submitted to the lower chamber of the parliament. The Committee was appointed at the end of the seventh term of the Sejm, but commenced its substantive activity only at the beginning of the eighth term. Until the end of 2018, Petition Committee altogether considered 393 petitions submitted to the Sejm in the years 2015–2018. In the article such issues are discussed, related to petitions considered by Petition Committee, as: specifying entities exercising the right to petition, the subject of petitions and procedure for considering them. The analysis is based on the materials documenting the works and the course of the sittings of the Sejm Petition Committee during the eighth term, in the years 2015–2018.

6

Zakres podmiotowy prawa do petycji w Polsce i w Unii Europejskiej. Przyczynek do dyskusji

75%

Galster J. , Lis-Staranowicz D.

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nr 3(146)

59–77

EN

The purpose of the article is not to comprehensively analyse the right of petition, but to expose its addressees. The issue is not solely of theoretical nature, as it results from problems which have arisen in the practice of applying the right. The authors pose the question on the ability of the organs of public administration and public legal persons to submit petitions in view of both Polish and European Union legislation.