Dignity as a quality of person: Types of dignity – A proposed systematisation – Part 1

This study aims to identify various meanings of the expression (name) “dignity”, with particular emphasis on the meanings of the expression as it appears in the text of the Constitution of the Republic of Poland. The meaning of the name “dignity” is the concept of dignity; in turn, the concept of dignity encompasses dignity of particular types. Twelve different meanings of the expression “dignity” are indicated – twelve different concepts of dignity, and thus twelve types of dignity. Half of them are meanings (concepts) that recognize dignity as something belonging to a human being as a subject of law, and this essay is devoted to this group of meanings. This group of meanings includes three concepts of dignity which encompass dignity as something constitutive of being a person: (1) inherent dignity of the person, (2) dignity established by qualities specific to a thinking being, and (3) dignity as a historically emergent social status of all human beings. Only the first of these three concepts of dignity is adequate to the interpretation of the preamble and Article 30 of the Polish Constitution. The second group of meanings, treating dignity as something with which the human being is endowed, includes concepts which encompass (4) personal dignity (honour and good reputation), (5) dignity as moral excellence, and (6) dignity as appropriateness of attitude or behaviour.

The other half of the meanings take dignity as something that belongs to something. These meanings will be considered in the forthcoming essay Godność jako cecha podmiotów zbiorowych lub cecha ugruntowana instytucjonalnie. Typy godności – Propozycja systematyzacji – Część 2 [Dignity as an attribute of collective entities or an institutionally grounded attribute: Types of dignity – A proposed systematisation – Part 2]. The Constitution of the Republic of Poland speaks of (1) the dignity of the Nation, (2) the dignity of office or function, and (3) public dignity. The expression “dignity” when designating something belonging to something can also designate (4) the dignity of social status based on belonging to a social group, (5) the dignity of a profession, and – specifically to the Polish language – (6) dignity meaning a surname.

The author argues that it is unacceptable to ascribe different concepts of dignity to the expression “dignity” appearing in a specific legal provision.

This article analyzes the doctrine of the Spanish constitutional court on the rights of prisoners. In four decades, the constitutional court has issued a large number of judgments in this area, in matters related to the right to life, privacy, freedom of expression, education, judicial protection, secrecy of communications or the right to work of the prisoners. The impact of the COVID-19 pandemic in prisons during 2020 and 2021 is also addressed.

Human Rights Cities. Idea versus Practice of the Selected Polish Cities in the Field of Human Rights

This article deals with a new development in the field of implementation and protection of human rights: the Human Rights Cities. The paper seeks to answer the research question, whether this development occurs also in Poland. To answer this question, an empirical study was conducted with the participation of 40 Polish cities with more than 100,000 inhabitants. This study enables to categorized Polish cities, that were subject of the study, according to their level of involvement in the implementation of human rights. The leading local Polish governments, which can be labeled as a human rights cities, were identified. These cities account for nearly a third of the cities surveyed.

Effectiveness of the European Citizens’ Initiative

The European Citizens’ Initiative is a means by which two goals could be achieved in the European Union. Firstly, thanks to it, the deficit existing in the EU could be eliminated, and secondly, the citizens of the Union would gain a tool to create an EU-wide public sphere, within which they would have a real possibility of influencing the legislative actions taken by the EU. It formally happened. The European Citizens’ Initiative, adopted over 10 years ago, potentially creates such an opportunity. However, looking at the effectiveness of its functioning, it cannot be concluded that the indicated goals have been achieved. The main problem is the too large role of the European Commission (slightly diminished by the recently introduced changes to the ECI regulation). The low efficiency of the ECI is not conducive to reducing the democratic deficit in the EU. However, the ECI creates an opportunity for discussion and public debate. It provides a basis for EU citizens to express their political positions, and the submitted initiative (albeit rarely successful) allow the conclusion that European public spheres do exist. The ECI creates a space for the citizens of different Member States to engage in a joint debate. However, this potential is not sufficiently exploited. It cannot be said that the EU’s democratic mandate has been strengthened by wider participation of citizens in the public debate. Too broad discretion by the Commission has the effect of reducing the effectiveness of the ECI. Indeed, if the application is not processed further despite the collection of a sufficient number of signatures due to the discretionary decision of the Commission, such a situation cannot be regarded as an effective implementation of the ECI. The application submitted by EU citizens as part of the ECI should not only be treated as a signal from them, and the Commission should treat it as a clear need to regulate a given area.

Protection of the Voting Rights of Persons with Disabilities in the Light of the Polish Constitution – Myth or Reality

This article addresses the issue of legal barriers that prevent people with intellectual or mental disabilities from exercising their electoral rights, in particular their right to vote. The Constitution of the Republic of Poland of 1997 in Art. 62(2) specifies that persons who, by a final judgment of a court, have been subjected to legal incapacitation shall have no right to participate in a referendum nor a right to vote. However, the Convention on the Rights of Persons with Disabilities, ratified by Poland, guarantees that people with disabilities should be able to participate actively in decision-making processes concerning policies and programmes, including those that directly affect them. In particular, the Convention provides them with the right to vote and be elected, regardless of their disability.

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.

Declaration of Illegality of the Regulation with a Higher-Order Act as a Premise for a Claim for Damages. Analysis on the Requirement of a Prejudicial Decision of the Constitutional Court

The subject of the analysis carried out in the article is the issue whether in the compensation proceeding based on the art. 4171 § 1 of the Civil Code, it is necessary to obtain a prejudicature of the Constitutional Tribunal, stating the inconsistency of the sublegislative act with a higher-order act. The motions filed by the Prime Minister and the Marshal of the lower house of the Polish parliament which concerns the examination of the compliance of art. 4171 § 1 of the Civil Code with the Constitution of the Republic of Poland constitute the grounds for these considerations. The arguments detailed in the motions mentioned above have been discussed in detail. These considerations have been supplemented by ananalysing the provisions included in the Constitution of the Republic of Poland concerning liability for damages of public authorities. On this basis, the issue of whether it is necessary to obtain a prejudicature of the Constitutional Tribunal, stating the inconsistency of a regulation with a higher-ranking act, for the purposes of compensation proceedings, was resolved. It was also discussed whether it is possible to interpret art. 4171 § 1 of the Civil Code in accordance with the approved constitutional model.

Bogusław Przywora, Normative Model of Unpaid Pre-Litigation Legal Aid in Poland, Warsaw 2019, pp. 434

In the reviewed monograph, Bogusław Przywora constructs a normative model of unpaid pre-litigation legal aid in Poland. It is an important issue (both theoretically and practically) from the point of view of the realization of human rights and freedoms. It is also essential for the legal culture and legal awareness of participants in legal relations. The author poses an important research problem: how is the normative model of unpaid pre-litigation legal aid in the Constitution of the Republic of Poland, international and EU law? As part of the main research problem posed in this way, the author poses detailed research questions. Answering them required a number of considerations: theoretical-legal, comparative-law, legislative, and legal acts. The applied multifaceted approach to the issue allowed the Author to explain it and propose really important directions for the desired changes. They are intended to improve the legal solutions already used in Poland for unpaid pre-litigation legal aid. This monograph is not only interesting but also inspiring. The proposals contained in it are characterized by high application values.