Marek Zubik

On the Efficiency of Adopting the Basic Law. Considerations on the Centenary of the March Constitution

The author presents reflections on the legislative work concerning the preparation and adoption of the Polish Constitution in 1921. The paper analyses the political situation and social conditions of Poland at that time. The author presents the norms of the March Constitution in comparison with the political solutions of other countries at that time. The Author refers to a publication from one hundred years ago and tries to point out that at that time the representatives of legal science were aware of the shortcomings of the system adopted in this constitution. The paper presents the main reasons that influenced the collapse of the state system adopted in the Constitution of 1921. It also tries to indicate the symbolic meaning of this constitution in present-day social life.

Old and New Challenges to the Protection of Human Rights

The author shows the current problems relating to two main issues: human rights, and a democratic and open society and its governance. The articles indicate old phenomena, that have been taking place for a long time, , and new ones related to civilization changes. The author points to the indecent forms of exercising power in the state. He warns that people who value democracy should be aware of the destructive consequences of any forms that degrade human dignity by politicians. Democrats should not be involved in the decomposition of democratic processes in the state carried out by those in power, which draw their society into an undemocratic regime.

Protecting the privacy of health information in the new European Union legislation

As a starting point, the author takes considerations regarding the nature of privacy as a legal category. He acknowledges that it is a human freedom requiring effective legal mechanisms protected by public authorities. At the same time, he points out threats that civilization changes and technological development bring for human privacy. The author confronts these considerations with the problems of collecting and processing data in the health care system. The author, however, concentrates on solutions adopted by the current EU legislator in a new comprehensive set of normative acts on protecting privacy. In this context, the author presents new trends and specific legal solutions regarding health protection. He also indicates the danger of absolutizing the protection of privacy, especially where the need to protect the life and health of the patient demands a primacy over general legal solutions regarding the protection of personal data.

The article is a polemic with the main theses presented on the website of our host, the Constitutional Court of Moldova. These theses were officially presented, among others, by persons in power in Poland since November 2015, when political decisions were made regarding the Polish Constitutional Court. These actions actually led to undermining the authority of the Tribunal. This happened on the eve of the thirtieth anniversary of the establishment of this body in Poland. The article presents the legal circumstances that took place in 2015 and 2016. It presents the findings of the Constitutional Tribunal, which are most often different than the theses published on the website of the Moldovan Court. This is mainly about the Polish Tribunal clarifying the separation of competences of the Sejm and the President in the case of appointing judges of the Tribunal and the competence of the head of state to take the vow. Finally, the article presents the actions of state organs destroying the Constitutional position of the Tribunal. The text indicates the practice of not announcing the Tribunal’s judgments and adopting subsequent acts regarding the functioning of the Tribunal. Attention was also paid to the process of degrading the social authority of the Tribunal, in campaigns conducted in public media.

Once again about the discontinuation of the work of the parliament

The author analyses the historical foundations of the concept of discontinuity in the work of the parliament. It presents the development of this principle in the European legal culture and activities in the initial period of forming the parliament in Poland. He indicates various ways of justifying the existence of the present-day principle of discontinuation in a democratic state ruled by law. In particular, it refers to the concept of general principles of law. It also analyses the jurisprudence of the Polish Constitutional Tribunal. Recognizes the principle of discontinuation of the work of the parliament as a permanent element of the state system. However, he points to the problems of integrating it into the system of norms of the Constitution of 1997.

Legitimacy of parliamentary procedures, fair play of voting reassumption

The author analyses a procedure in the Polish parliament applied when a vote raises justified doubts on a specific issue. The text begins with the discussion of events that took place in August 2021 during a session of the Sejm at which the bill of the Broadcasting Act was considered. The provisions of this draft bill would result in the largest private broadcaster independent of the government having difficulties in renewing its television broadcasting license. The clash of economic interests, the power of the media, and the political dispute had an impact on the temperature of the parliamentary debate. However, the author tries to show how it was possible to apply the binding provisions in the light of the previous parliamentary practice and customs. The position of legal science is presented, mainly legal opinions drawn up against the background of the disputed use of the voting repetition procedure. The article also indicates the constitutional boundaries within which the parliament must operate when it intends to correctly order a repeat vote.