Przeglądaj wg Słowo kluczowe "bezprawie legislacyjne"

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    Bezpieczeństwo prawne jednostki a bezprawie legislacyjne — wybrane zagadnienia
    (Oficyna Wydawnicza AFM, 2013) Kościelniak, Grzegorz
    Jurisprudence interprets “legislative unlawfulness” as an unlawful act on behalf of the legislator, which may consist in passing a legislative act that violates the legal order, i.e. the axiological grounds of the legal system and the way the body of laws is formed, e.g. the hierarchy of the sources of law, failure to promulgate a legislative act in nonfeasance despite an existing obligation to do so, which may result in emergence of legal loopholes. As indicated by the judgements of the Polish Constitutional Court, the legal security of an individual is bound to the consistency and certainty of law, and allows the individual to forecast, plan rationally their activities in accordance with the predictability of what the state authorities do. Therefore, an individual should be certain of the law (i.e. experience legal security) when undertaking activities in line with the binding legal order, that is to be able to determine confidendy the legal effects of such activities. Hence, each instance of legislative unlawfulness violating the legal order instantaneously violates the principle of trust for the state and its established law and threatens the individuals legal security. Legislative unlawfulness may occur when: the legislator establishing a normative act violates the rules of law stemming from the principal rule of the democratic state of law; when the sentences of the Polish Constitutional Court are not executed. The Court derogates a legal article and the legislator ceases to establish a new norm regulating a particular matter within a suitable time (legislative nonfeasance) leading to the emergence of a legal loophole. The objective of the paper is to discuss the issue of legislative unlawfulness in Poland (with the major focus on the two cases mentioned above) in the context of the individuals legal security, followed by an attempt to formulate conclusions de lege lata and de lege ferenda.
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    Racjonalność pracodawcy a odpowiedzialność za „bubel ustawowy”
    (Oficyna Wydawnicza AFM, 2009) Sala-Szczypiński, Marcin
    The article touches upon two essential problems of law making: rationality and responsibility of the legislator. The lawmaker’s basic goal should be the establishment of a rational system of norms. It is possible for the legislator to achieve that goal only by the observance of the same simple rules that could be enumerated in the following way: 1. defining the aim of issuing an act of law, 2. formulating adequate measures, 3. pointing at relations between that aim and measures having regard for social, economic, political and legal background, 4. issuing an act of law. However, there is still possibility of creating defective, faulty act of law. That is the reason, for which the article also touches upon the problem which ought to be thoroughly studied, namely the liability for damage caused by the legislator.
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    Studia Prawnicze: rozprawy i materiały nr 2, 2013
    (Oficyna Wydawnicza AFM, 2013) Bochenek, Artur; Kościelniak, Grzegorz; Poździoch, Stefan; Ibek, Anna; Kolaszyński, Mateusz; Widacki, Jan; Staszel, Renata; Damasiewicz, Agnieszka; Huszcza, Martyna; Sala-Szczypiński, Marcin; Bałos, Iga; Koczur, Sebastian; Wojtarowicz, Małgorzata; Szuba-Boroń, Anna; Widacki, Jan; Maciąg, Zbigniew