Zapraszamy do lektury nowego zeszytu czasopisma Acta Universitatis Lodziensis. Folia Iuridica poświęconego instytucji prezydenta we współczesnym świecie.

Acta Universitatis Lodziensis. Folia Iuridica powstało w ramach zeszytów naukowych Uniwersytetu Łódzkiego w roku 1980 jako seria wydawnicza, której pomysłodawcą był Profesor Jerzy Wróblewski. Początkowo prezentowano w niej w formie artykułów głównie dorobek naukowy pracowników Wydziału Prawa i Administracji UŁ. Od kilku lat czasopismo jest kwartalnikiem, w którym zamieszczane są również artykuły autorów spoza Uniwersytetu Łódzkiego i z innych krajów. Obecnie zeszyty Folii mają charakter tematyczny i jednocześnie interdyscyplinarny. Obejmują bowiem nie tylko zagadnienia z dziedziny prawoznawstwa podnoszone z perspektywy prawników, ale również filozofów, logików, socjologów, psychologów i ekonomistów.

W numerze (PDF):

Constitutional status of the President of the Republic of Armenia

Stanisław Bożyk

The article is devoted to the political position and role of the president of the Republic of Armenia. In it, the author analyses the transformations of the constitutional status of this supreme state body, together with subsequent amendments to the constitution, which have been made several times since the collapse of the USSR and Armenia’s acquisition of full sovereignty in 1991. The Constitution of 1995 shaped the position of the president in reference to the semi-presidential model, granting him a superior role in relation to other organs of the state, including the parliament. However, his powers were significantly limited after the 2005 amendment to the constitution. The status of the Armenian president has changed even more after the last revision of the constitution in 2015, which finally departed from the semi-presidential model and introduced a parliamentary system of government. Under this system, the president of Armenia has been assigned the role of head of state and the constitution does not even include it expressis verbis among the organs of the executive power.

The institution of impeachment in the Ukrainian legal order

Aldona Domańska

The legal and political position of the head of state of Ukraine is determined by the scope of his/her responsibility. Pursuant to the provisions of the Constitution the President of the Republic of Ukraine may be removed from office under the procedure of impeachment. This article is devoted to this very issue. The aim of the conducted research is to present the specifics of the Ukrainian impeachment institution. This is to be achieved primarily by the legal-dogmatic method. It will allow not only to carry out a reliable exegesis of norms, but also to confront the views of representatives of Polish and Ukrainian doctrine on the subject under study.

Parliamentary elections in Poland in 1935 and 1938

Dariusz Górecki

The article contains a concise discussion of the election issues contained in the constitution of 1935 and in both the 1935 electoral ordinances to the Sejm and the Senate, as well as the analysis of the results of the parliamentary elections held in 1935 and 1938. The low voter turnout in 1935 was caused by the boycotting of the elections by the opposition groups. On the other hand, in 1938, despite the fact that the opposition had announced a boycott of the elections, the turnout in the elections to the Sejm increased by 21.2% and by 7.6% to the Senate. This was caused by an increase of international tension, the incorporation of Zaolzie Silesia into Poland, forcing Lithuania to establish diplomatic relations, as well as an improvement in the economic situation in the country and an increase in investments in industrial districts. Moreover, in every society there is a certain fraction of voters abstaining from voting due to a lack of interest in the political life of the country.

The impact of the president on the formation and profile of governments in conditions of labile multi-parytyism: from pressure to persuation – comments on a century of experience in Finland

Marian Grzybowski

Professor Tadeusz Szymczak, an eminent constitutionalist and “good spirit” of Almae Matris Lodziesis, is mostly associated with studies on federalism in European countries and the institution of the president. The centenary of His birth prompts us to trace the evolution of status and influence of the president on the functioning of European state systems and to reflect on the transformations in the president’s constitutional and political status and its functioning. In the circle of evolving European presidents, the president of Finland has been transformed worthy reflection. One of the areas of significant constitutional impact – after eighty years – was the change of the constitutional regulation (by replacing the Act of 1919 with a new constitution of 1999 and, in such frame especially, exercising the president’s powers to appoint the prime minister and the government, accepting his resignation and inspiring the reconstruction of the party or personal composition of the cabinet. The dimension of the anniversary make us pay attention to the period that coincides with the time that has elapsed since the Professor’s birthday, i.e. a full century.

Model of legal and constitutional responsibility of the President of the United States in the light of recent experience of the application of the impeachment procedure

Jerzy Jaskiernia

The subject of the analysis is the model of legal and constitutional responsibility of the president of the United States in the light of the latest experience of its application to the presidents: Richard M. Nixon, Bill Clinton and Donald Trump. The author focused on the question of how highly politicized this procedure is when the impeachment is formulated by the House of Representatives and judged by the Senate. The conducted analysis does not allow to answer this question unequivocally. The elements of politicization, although undoubtedly present, do not allow to equate this procedure with the model of political responsibility present in parliamentary-cabinet systems.

The legal interest of the self-government community and its protection under Polish law

Ryszard Paweł Krawczyk

In Poland, the concept of a self-governing community is a certain legal fiction, identified with all residents of units of basic administrative division. In Europe, a self-governing community is quite commonly called a local community. A self-government community in Poland is established by law and is a forced union of people. The community does not have its own legal personality separated from the legal peresonality of a local government unit. The author of the study discusses the constitutional and statutory concept of a self-governing community as well as system and legal solutions protecting its interest. The author analyzes the problem of protecting the interest of the self-government community, referring to the examples of Polish local government practice.

The adaptation of the presidential system of government in the countries of South-Eastern Asia on the background of English literature

Anna Michalak

The presidential system has been criticized for a long time, especially by political scientists. This system is characterized by a rigorous division (separation) of the legislative and executive powers and the combination of the functions of the president and the head of government. Pursuant to these principles, the president (as an organ of executive power) has full executive power and is exempt from responsibility before the parliament. Critics argue that this is a system that leads to instability in power. Recent research conducted in this regard on the governments of Southeast Asian countries that have adopted the presidential system of government seem to contradict this thesis. As a consequence, the presidential system of government has its supporters and opponents, strengths and weaknesses. Nevertheless, its characteristics do not in themselves prevent the construction of a lasting presidential democracy. How the presidential system of government will function in practice depends not only on the adopted formal institutional framework, but also on such variable and non-obvious factors as the personality of political actors, the party system, or – not only general – cultural issues.

Presidential referral of a bill to the Sejm for reconsideration vs discontinuation of parliamentary proceedings

Ryszard Piotrowski

If the President, prior to signing a bill, has not referred it to the Constitutional Tribunal, he may return the said bill, with a memorandum of explanation attached, to the Sejm for reconsideration. This kind of presidential veto has the effect of suspending the bill, in line with the constitutional model of the president-parliament relationship, as arising from the principle of separation of powers. In practice, it may happen that a bill has been sent for reconsideration shortly before the end of the Sejm’s term and the law makers had no time to respond to the presidential referral. In such case, in accordance with the principle of discontinuation, the veto proceedings are closed, and the president’s suspending veto turns into an absolute veto. The constitutional interpretation in support of such veto transformation fails to allow for the consequences of the separation-of-powers principle, which rules out vesting the head of state with non-appealable and irrevocable decision-making powers in respect of a bill.

The interpretative ambiguity over application of the discontinuation principle to the presidential veto should be resolved in such a way as to respect the basic constitutional values and principles that underpin system-of-governance rationality.

The President of the Republic of Poland as the guardian of the constitution

Anna Rakowska

Pursuant to Art. 10 and 126 of the Constitution of the Republic of Poland, the President is not only the organ of the executive authority, but also the authority representing the state and the authority executing the so-called arbitration. Assigning the role of the guardian of the constitution to the President falls within his role as an arbiter. The idea of entrusting the president with the function of the organ protecting the constitution was repeated in the drafts of the constitution, which the National Assembly worked on in the years 1994–1997. The provision of the Constitution that the President shall ensure observance of the Constitution means that he is to be the guarantor of constitutional axiology, which may be expressed in the exercise of various powers. Finally, the President – as the guardian of the Constitution – is himself in a special way obliged to comply with its provisions. It is obvious that the President of the Republic of Poland, as the arbiter upholding the values and norms of the Constitution, cannot himself violate the fundamental law.

The procedure for appointing a government in Croatia. Remarks on the background of the government crisis of 2015

Konrad Składowski

The article is devoted to the procedure of appointing the government in the Republic of Croatia. The provisions of the Croatian Constitution define this procedure in a rather narrow scope. In practice, this led to a government crisis after the 2015 elections. A government was finally formed at that time. However, in the course of applying the provisions of the Constitution, there were significant problems related to the interpretation of its provisions. The article brings this issue closer.

Participation of the president in the procedure of amending the constitution in the countries of the Visegrad Group

Krzysztof Skotnicki

The article discusses presidential participation in the constitutional amendment in the Visegrad Group countries. The presidents of Poland and Hungary have the right to initiate a constitutional amendment, while the presidents of the Czech Republic and Slovakia do not. The presidents of all four countries cannot bring amendments to laws amend laws amending the constitution. Only the President of Poland has the right to request a referendum approving a constitutional amendment of the constitution, but only in the case of when the changes concern provisions of Chapters I, II or XII. The President of Hungary, on the other hand, can ask the Constitutional Court to examine whether a constitutional amendment has been made in accordance with the procedure prescribed by the constitution. Presidents of all countries sign constitutional amendments, however, the deadline for them to do so varies greatly.

Therefore, it can be concluded that the presidents of all four countries do not play a role in the constitutional amendment procedure that is based on their constitutional position.

Between the tradition and legal regulation – the analysis of the attitude of the President of the Russian Federation Towards the Russian Orthodox Church in 2012–2022

Jakub Stępień

Relations between representatives of state authorities and religious communities remain an important element of current political and social reality of most countries of Central and Eastern Europe. Attempts to use the social authority of religious organizations in order to gain or strengthen their position are undertaken by politicians in various forms and in a heterogeneous scope. Such activity often deviates from the standards set by the content of the constitutions of these countries. This type of phenomenon is also noticeable in the case of President Vladimir Putin’s activities towards the Russian Orthodox Church, which – while remaining strongly inspired by the tradition of the Church’s dependence on the political power of the Russian state – violates the provisions of the Constitution and Federal Laws of the Russian Federation in the field of relations between the state and religious communities.

Presidential elections ordered for 10 May 2020 in the light of the draft resolution of the Sejm of Republic of Poland on the appointment of a commission of inquiry

Andrzej Szmyt

The study is devoted to the analysis of the draft resolution of the Sejm of Republic of Poland on the appointment of a commission of inquiry on the elections for President of the Republic of Poland ordered for 10 May 2020. The elections did not take place on this date. There were significant violations of the law by government bodies in the run-up elections. There were also multimillion looses. Therefore, opposition MPs have submitted a draft resolution to set up a Sejm committee of inquiry to revise the matter.

The substitution of the President of the Republic of Italy in the light of constitutional regulations and political practice

Zbigniew Witkowski, Katarzyna Jachimowicz

The authors analyse the problem of the nature of the substitution of the President of the Republic of Italy. This issue is loosely regulated in the Italian Constitution and for this reason there are some practical doubts in interpretation. President’s permanent incapacity is not specifically defined by the constitutional provisions and that is why in some cases it is difficult to duly ascertain and declare the permanent incapacity. Should the President be unable to perform his duties, they shall be carried out by the Speaker of the Senate, however powers and duties of the Speaker are not defined. The authors argue that the Italian doctrine of constitutional law has significantly improved regulatory framework and the legal practice.

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