Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2004, nr 3

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Browsing Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2004, nr 3 by Author "Winczorek, Piotr"

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    CZY ZMIENIAĆ KONSTYTUCJĘ RZECZYPOSPOLITEJ POLSKIEJ Z 2 KWIETNIA 1997 R.?
    (Wydział Prawa i Administracji UAM, 2004) Winczorek, Piotr
    The article is devoted to the consideration whether it is time the Constitution o f the Republic o f Poland o f 2.04.1997, which has been in effect for seven years, was abrogated and replaced with a new one or amended significantly. The intention o f abrogating this Constitution appeared as early as 1997, soon after it had been enacted. Such a demand was made by groupings which were not widely represented in the Sejm and the Senate in 1993-1997. However, after they won the parliamentary elections in 1997, they abandoned their postulate. It was probably caused by two reasons: lack o f sufficient support for such a change in both houses of the parliament and the fact that the provisions o f the new Constitution strengthened the position of the Council of Ministers. The political grounds of this Council were in the groupings which had previously promoted changes in the Constitution. Since 2001 the demand for a fundamental change in the Constitution has been made on the basis o f the discussion on the establishment o f the so-called 4"' Republic o f Poland, due to replace the 3rd Republic, established as a result o f the political changes initiated in 1989. In addition to the proposal o f comprehensive changes, there are also suggestions of partial amendments to the Constitution. They concern such issues as abolishing the Senate, reducing the number o f the members o f parliament by half, introducing the majority system and onemandate constituencies in the Sejm elections. There is also a demand for the modification of regulations concerning social and economic citizen rights whose observance is extremely difficult at present. The Polish accession to the European Union was preceded by suitable constitutional preparations. However, some constitutional issues have been under discussion, such as the primacy of the European law over the Polish law, the right o f the Union citizens to participate in the municipal elections in Poland, the tasks of the National Bank o f Poland (NBP) and its position in the political system, the establishment o f the European arrest warrant. On the whole, it can be stated that the process of Poland’s accession to the structures o f the European Union does not require considerable constitutional changes. The author argues that the content of the Constitution of the Republic o f Poland of 1997 never caused any significant disturbance in the functioning o f the state. Such disturbances were generated by political and economic factors rather than the constitutional ones. The author claims in the conclusion that even though the Constitution of the Republic of Poland o f 1997 requires some changes, these changes are not urgent and ought to be carefully prepared.