- Tytuł:
- Défenseur des droits civiques (lombudsman) - possibilités et limites de son efficacité
- Autorzy:
- Zieliński, Tadeusz
- Powiązania:
- https://bibliotekanauki.pl/articles/43358305.pdf
- Data publikacji:
- 1995-12-31
- Wydawca:
- Polska Akademia Nauk. Instytut Nauk Prawnych PAN
- Tematy:
-
defender
civil rights
limitations
efficiency
Polska
post-communist
constitutional law
democracy
supporter
ombudsman - Opis:
- The article presents the circumstances of introducing the institution of ombudsman (called the defender of civil rights) in 1987 and its role during the political transformation in Poland. This independent from other authorities institution which was responsible only before the Diet was not known in other socialist countries. It is significant that the first election of ombudsman in 1987 were conducted just two years before the political transformation and the change of the regime in Poland. This was the way the Communist Party wanted to secure its influence, but the first person – Prof. Ewa Łętowska – chosen for this role, occurred to use the independence legally granted for this institution.The problem highlighted in the further part of the article, is the role of the ombudsman in the transitional period, after the fall of communism. Should it act in accordance to the legal acts adopted in the former political system (and not yet derogated), even though these acts were no longer compatible with the principles of the democratic state of law or should it act independently, what would be in conflict with the rule of acting within the law. Finally, the ombudsman, as well as the Constitutional Court, adopted the principle of the protection of acquired rights, under condition they were acquired without infringement of the principle of citizens’ equality before the law (so which were not obtained as the privileges granted for the narrow group of people).After the transformation, from 1991 the role of the ombudsman was not only to act in case of the violation of civil rights but also to act preventively, each time when it occurs that the projected legal act may infringe the civil rights granted in the Constitution or in the other legal acts equally for every citizen regardless their ideological or religious background. The basis of the ombudsman’s activity should be constituted by the universal human values.The ombudsman is elected by the Diet for 4 years and cannot be called off before the end of the mandate period, except three, listed situations. The person chosen should stand out with great professional experience and deep knowledge of law, high authority and moral qualifications, as well as great sensitiveness to the social problems.The ombudsman can act through judicial means, as the requests to the Constitutional Court or to the Supreme Court and the demand of the interpretation of legal act. He can exercise also legislation initiative and administrative control.At the beginning of its functioning, in 1991-1993, the institution of ombudsman was the aim of political attacks, especially by Catholic groups, who wanted their interest to be represented in the first place. Nevertheless, the ombudsman seems to strengthen its independence and neutrality and in the effect, after 1993 it gained the due respect and authority of one of the most important institutions in the democratic state of law.
- Źródło:
-
Droit Polonais Contemporain; 1995, 1-4; 71-84
0070-7325 - Pojawia się w:
- Droit Polonais Contemporain
- Dostawca treści:
- Biblioteka Nauki
Artykuł