Constitutional amendments in Poland between 1997–2019

The aim of this article is to analyze parliamentary and non-parliamentary amendments to the Constitution of Poland in the years 1997–2019. The solutions and proposals for amendments, which are in chronological order by parliamentary (Sejm) session, are analysed in detail. These years determined not only the scope of the changes undertaken but above all, they were the main reason for the increased and variable activity of political entities related to the presentation of a comprehensive vision of the form of ready-made drafts of the Polish Constitution.

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2019 marked the 30 th anniversary of the restoration of the Senate in Poland. Over time its position and perception in the constitutional system has changed. From the acclaimed symbol of democratic transformation, the Senate has turned into a puzzling second chamber, with no real use. The rationale for its continued existence is becoming more and more questionable. In its current form, the Senate is an example of an unnecessary second chamber.

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In the article it is noted that since the introduction of the Basic Law in Ukraine (23 years) eight changes have been made, while in Poland (22 years) – two changes have been made. The article focuses on the reasons for amending the Constitution of Ukraine, which are related to the redistribution of powers (2004, 2010 and 2014). The author emphasizes that the reasons for constitutional change must be connected with public policy based on the public interest and not with politics as a struggle for power. The numerous changes made to the Constitution of Ukraine; an increase in the number of proposals for regular changes, and the justification of the need for a new wording of the Basic Law has resulted in a debate on the causes for these constitutional changes, with the most frequently mentioned reasons being political ones. In many publications, political causes are usually associated with the underlying interests of political forces, which are not based on public needs, but only on t.

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Przegląd Prawa Konstytucyjnego

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In the middle of the Polish constitutional 2015–2018 crisis, references to a ‘constitutional moment’ concept had suddenly and unexpectedly appeared in the Polish public debate. This article aims to confront fundamental conditions and implcations of constitutional moment theory with the Polish constitutional framework. Firstly, I will argue that it may be controversial to refer directly to the constitutional moment in an interpretive sense due to the scope of current Polish constitutional regulation and its historical development. Secondly, I will argue that according to the fundamental findings of Bruce Ackerman’s theory its application during the constitutional crisis in Poland is also impossible both in a descriptive as well as interpretive sense. Then, with references to Sujit Choudhry’s interpretation of Ackerman’s ‘higher lawmaking,’ the article will conclude that Poland may have a constitutional moment (in a descriptive sense only) at the end of constitutional crisis and the need to restore the rule of law.

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Przegląd Prawa Konstytucyjnego

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As a result of the Polish accession to the European Union not only traditional concepts have changed significantly, but also tasks and competence of the Polish parliament. This phenomenon is a consequence of changes to system of government, resulting from delegation of authority to the European Union. As a result of this process, there has been a change in the performance of the various functions carried out by the Polish parliament, transformation of its traditional functions has occurred and some elements of "European" functions of the parliament have emerged. This phenomenon has embraced almost all the functions of the national parliament, including above all the legislative and supervising function.

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Law and Administration in Post-Soviet Europe

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Przegląd Prawa Konstytucyjnego

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Political Systems of Visegrad Group Countries

In this publication the authors of individual texts present the evolution of a particular country’s political system. They point to the problems and successes in each dimension, especially the legislative, executive and judiciary.

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Pursuant to Article 10 of the Constitution of the Republic of Poland, executive power is vested in the President of the Republic of Poland and the Council of Ministers. Implemented in Poland, the dualism of the executive branch creates a problem with the division of duties and competence between the cabinet and the head of state. This paper analyses the division of powers within the executive branch in the areas of state security and foreign policy. The analysis of the constitutional provisions and the political practice indicates that the model of cooperation between the President and the cabinet as adopted in the Constitution of 1997 is ineffective and leads to political conflicts. In view of the Polish political conditions, it is advisable to amend the Constitution in order to move away from the mixed model towards either the presidential model or the parliamentary-cabinet model of the executive branch of government.

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