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Authors: Winczorek, Piotr
Issue Date: 2009
Publisher: Wydział Prawa i Administracji UAM
Citation: Ruch Prawniczy, Ekonomiczny i Socjologiczny 71, 2009, z. 2, s. 29-50
Abstract: The paper presents some personal reflections on the political transformations taking place in Poland between 1989 and 2009. It also contains some reminiscences of the author’s participation in the drafting of new constitutional provisions which secured those transformations a legal framework. The author recalls discussions within the “Round Table” political reforms team in which he participated on behalf of the Democratic Party (Stronnictwo Demokratyczne) and where he advocated restoration of the office of the President. Against that background, the constitutional regulations shaping that institution and its evolution in the last 20 years have been presented. The author expresses an opinion that the dispute involving the President’s and Prime Minister’s executive competences observed in Poland today is mainly of a personal nature, rather than stemming from constitutional regulations which, as such, require no essential modifications. Likewise, there is no need for any major amendments to the existing Constitution o f 1997 in the formation of which the author also participated as a member of the National Assembly Expert Team. Postulates put forward from time to time by different political fractions and calling for substantial redrafting of the constitutional provisions (or passing a new Constitution) are rather exaggerated and insufficiently grounded. This, however, does not mean that certain amendments, or partial novel provisions should not be at all considered. Issues such as the principle that a criminal conviction precludes a person from running for an MP’s seat, amendments to the constitutional provisions regulating the tasks of the National Bank of Poland which will enable Poland to enter the “Euro zone” or the possibility of transferring decisions regarding infringement of the constitutional provisions to the jurisdiction the Supreme Court or the Constitutional Court, should be given due consideration when new political decisions are being deliberated. Difficulties that might be encountered in practice when it comes to the realisation of important and binding decisions voted for in nationwide referenda and drafting relevant bills for parliamentary voting are also discussed. The question of the continuity of the Polish state and the validity of its laws in the period between 1944 and 1989/90 is also analysed. It is argued that although at some point Poland lost some of its sovereignty (i.e. during the Polish People’s Republic), that continuity was nevertheless preserved, at least with regard the applicability of relevant laws when legal relations between Polish legal subjects were being established. Otherwise, a proposition that between 1944 and 1989/90 that continuity was disrupted would cause a huge legal chaos resulting in a situation in which justified public interest of many citizens would suffer. In the concluding part, the author comments on the political tendencies observed in Poland in the years 2005-2007. Although the opinions that they were leading to an authoritarian government were somewhat exaggerated, they were nevertheless capable of stirring concern, especially if e.g. they sought to adopt into the political system solutions which promoted political practices characteristic of a centralised system of administration. All in all, the political outcome of the period 1989-2009 is viewed as a valuable accomplishment and the author expresses an opinion that its significance will fully manifest itself in a longer historical perspective.
ISSN: 0035-9629
Appears in Collections:Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2009, nr 2

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