Legislative Process in Poland 2200-1CWPP17

1. Legislative power in Poland. The nature of the legislative discretion.
The concept of sources of law; a Member of Parliament as a legislator; the Constitution versus the legisla-tor's discretion;
2. Lobbying.
The notion of "a lobbyist" and lobbing-related activities; lobbying and its significance within the law-making procedure; methods of lobbying; subject of lobbying-related activities;
3. The right to initiate legislation. Principles of legislative technique.
The notion of the "legislative initiative" and the "right to initiate legislation"; the subjects vested with the right to initiate legislation; meanders of the normative aspect of the principles of legislative technique;
4. Principles of correct legislation.
The notion of "correct legislation"; the principles of "correct legislation" in the light of the Constitutional Tribunal's case-law;
5. Normative regulations as regards the legislative procedure.
Legal provisions governing the legislative procedure; the constitutional custom, customary law and consti-tutional precedents in Polish legislative procedure;
6. Readings of the draft of a statute. The time frameworks of legislative procedure.
The notion of "reading" of the draft of a statute; legal provisions governing the legislative procedure con-tained within the Constitution and the Sejm and Senate's Rules of Procedure;
7. Relations between the Sejm and Senate within the legislative procedure. The notion of "amend-ment".
The features of Polish bicameralism; the "non-symmetrical" bicameralism; the principal role of the Sejm within legislative procedure; the notion of "amendment" in the light of the Constitutional Tribunal's case-law;
8. President of the Republic's role within legislative procedure.
The legislative veto; the preventive (a priori) review of constitutionality of statutes; the possibility for the President to sign the statute with the omission of certain provisions which were found by the Constitutional Tribunal to infringe the Constitution;
9. Constitutional Tribunal's role within legislative procedure.
The subsequent (a posteriori) review of constitutionality of statutes by the Constitutional Tribunal; the influence of the Constitutional Tribunal over the legislative procedure;
10. Budgetary procedure.
The notion of "budgetary procedure"; the divergences of the budgetary procedure when compared to regu-lar legislative procedure;
11. Other special legislative procedures.
The procedure concerning codes and "urgent" drafts of statutes; the procedure concerning resolutions; the procedure concerning the revision of the Constitution;
12. Drafting of statutes - workshops.
During the workshops (2-3) students will practice with drafting statutes.
13. Legislative practice in Poland. Critical analysis.
The non-functionality of legislative procedure; the "inflation of law" and the state of legislation in Poland;
14. Polish legislative procedure and the Poland's membership in the European Union.
The co-operation of the Parliament and the Government in EU-related matters; the non-functionality of the procedure concerning the statutes implementing the EU law.