Polish Parliament Research Articles

Debate and democratization in the Polish Parliament, 1919–1990

ABSTRACT Parliamentary development in Poland had been interrupted by long periods of loss of national sovereignty. Hence, while Poland boasts a parliamentary tradition going back to the fifteenth century, Polish parliamentarism has been influenced by both accommodation and resistance to a variety of externally imposed frameworks or revolutionary projects, making the relationship between debate, democratization, and parliamentary procedure neither simple nor linear. Practices that may have been undemocratic in one political context played a democratizing role in another context. Periods of limited national or political sovereignty (including the nineteenth-century partitions or the Communist period between 1945 and 1989) led to the rise of quasi-parliamentary or extra-parliamentary bodies and practices that circumvented the limitations imposed on parliament and that became part of the Polish parliamentary tradition. The example of the Polish Parliament shows that specific parliamentary practices may have either detrimental or democratizing effects on debate, depending on the broader political context and the specific exigencies of the political moment and the actual political meaning of particular procedures, rules, and behaviours (including their ‘democratizing’ thrust) emerges as a function of their deployment in the specific context of particular political moments and projects.

Concept, Typology and Functions of Anniversary Resolutions Adopted by the Polish Sejm and Senate [Pojęcie, typologia i funkcje uchwał rocznicowych Sejmu i Senatu Rzeczypospolitej Polskiej

The commemoration of events and people is important to build the identity of the nation and political community. The celebration of historical anniversaries is an important element of commemorative rituals embedded in the politics of memory which influences the shape of collective memory. One of the politics mechanisms are the adoption of anniversary resolutions by the Sejm and Senate, the main topic of the article. The aim of the article is to present the main research findings concerning the essence and specific nature of anniversary resolutions adopted by the Polish Sejm and Senate. These include the definition, types and functions that can be attributed to the resolutions. In the above context, the theses and conclusions are based on selected 589 anniversary resolutions of the Polish Parliament adopted 1989–2019. They have been analysed under a research project funded by the National Science Centre.

Twenty Years of the Sejm and the Senate in the European Union. Analysis From the Point of View of Universalist and Particularist Approaches

The activities of the two chambers of the Polish parliament – the Sejm and the Senate – during the twenty years of Poland’s membership in the European Union can be analysed by taking two research approaches, the first of which is universalism, which addresses the civilisational need to build, harmonise, and unify. Universalism, which refers to the neo-functionalism paradigm, has characterised the European activity of both chambers of the Polish parliament. The other perspective is provided by neo-realist particularism, which takes an anti-idealist and anti-utopian stance. It is distinguished by national egotism expressed as an attachment to achieving the nation’s own interests. Today, particularism understood in this way is based on sovereign distinctiveness, independence, and self-reliance. The purpose of this article is to positively verify the hypothesis that the parliamentary dimension of Poland’s membership in the EU observed through the participation of the Sejm and Senate in the process of Europeanisation and de-Europeanisation simultaneously contributes to the dependence and independence of both chambers on the European Union and its institutions. The universalist and particularist approaches have allowed the author of this analysis to reach an empirically-confirmed conclusion that both chambers of the Polish parliament in the period under study had an influence on the following: (1) the political power of the government, reinforcing or sapping it during negotiations; (2) the effectiveness or ineffectiveness of coalition-building in the EU; (3) cooperation with or resistance to the dominance of the parliaments of large EU states; (4) varied responsibility for the integrative system as a united and harmonious whole; and (5) the union of the peoples of Europe or a Europe of Homelands.

2023 Polish Parliamentary Elections: Victory for Women’s Rights or Empty Promises?

2023 Polish Parliamentary Elections: Victory for Women’s Rights or Empty Promises?

Old Empires, Modern State: Legacies of Partitions on Voting Behaviour in the 2023 Polish Parliamentary Elections

Abstract The legacies of former partitions are still visible in today’s Poland in the economy, society and politics. Our article integrates the historical and geographical perspective into the study of electoral behaviour in Poland. We conduct a geographical description of electoral results in the 2023 parliamentary elections and determine how economic and cultural attributes related to different paths of development associated with the former partitions are reflected in the apparent spatial differences. We distinguish between direct and indirect influence. It is indirect when differences in economic development (e.g. changes in agrarian structures) or cultural transformations (e.g. secularisation) resulting from former policies are reflected in different electoral choices. The influence is direct if belonging to a former empire determines electoral behaviour regardless of the economic and cultural determinants of the vote. We found that the influence concerns primarily the former Russian and Austrian regions. The analysis is conducted at the county (powiat) level.

Zwyczaj jako kreator normy prawnej na przykładzie regulaminu Sejmu

Parliamentary custom has been present in modern parliament since its inception. The functioning of the British or German parliament shows that customs can co-create or supplement parliamentary procedure. In the Polish parliament, customs also regulate a number of proceedings. The subject of this article is the custom found in the practice of the lower house of the Polish parliament – the Sejm. Examples of customs that have been transformed into norms of the Sejm’s rules of procedure despite their long practice are indicated and discussed. However, the analysis of these examples does not give a clear answer to the question of the reasons for turning custom into law. It shows the inconsistency and discretionary nature of the changes. It is also in vain to find purposefulness and consistency in the creation of norms on the basis of custom.

Anniversary Resolutions of the Polish Sejm and Senate as the Subject of Political Science Research

Undoubtedly, memory studies can be included in the mainstream of contemporary political science. They encompass reflections on the politics of memory, and historical or collective memory. The political science literature has designated little space to examine anniversary resolutions of the Polish Sejm and Senate after 1989. Therefore, it has become the main focus of this article based on research conducted and funded by the National Science Centre. The research examined the place and role of anniversary resolutions of the Polish Sejm and Senate in the Polish politics of memory. It has been assumed that such resolutions express the will of the two chambers of the Polish Parliament to commemorate historical anniversaries related to events and people who, in the opinion of resolution promoters, play an important role in the history of the state and nation. Furthermore, it is understood that the anniversary resolutions, among other things, are an important tool of the authorities to implement the politics of memory. The aim of the publication is to present the main research findings. The findings are based on the analysis of 589 anniversary resolutions adopted by the Sejm and the Senate in 1989–2019. The article also draws attention to the significance and usefulness of the resolutions for political science research, not only those referring to memory studies.

Who should Issue a Permit for the Memorial? Administrative Law as a Platform for the Conflict over the Construction of the Monument to the Victims of the Smoleńsk Tragedy in Warsaw

Circles associated with the ruling Law and Justice party decided to build a monument to the victims of the crash of a Polish government airplane in Smoleńsk on April 10, 2010 in Piłsudski Square in Warsaw. However, the authorities of that city, associated with the political opposition, were not positive about the project. Government bodies instrumentally used (and even abused) existing institutions of administrative law to build the monument despite the opposition of the local self-government. First, control over Piłsudski Square was taken away from the city authorities. Then the square was declared a closed area of military importance so that the city authorities could not make it difficult to obtain permission to build the monument. Finally, the Polish parliament created special legislation to make it more difficult to remove the monument in the future.

Functioning of the register of beneficial owners: findings from Poland

PurposeThe implementation of the Directive 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing resulted in the enactment by the Polish Parliament of the Act of March 1, 2018, on the prevention of money laundering and terrorist financing. One of the most important issues identified in the Act was the establishment of the Central Register of Beneficial Owners. The purpose of this paper is to critically analyze the functioning of the Register in Poland from the perspective of three years since its establishment. The text presents the most important problems faced by reporting institutions and obliged entities due to discrepancies in the interpretation of the Act’s provisions – especially in terms of the definition of a beneficial owner.Design/methodology/approachThe basic research approach was a comparative content analysis method. The objects of analysis included Polish Laws, Directive of the European Parliament and the Council (EU) 2015/849 and the judgment of the Court of Justice of the European Union. The theoretical legislative assumptions contained in the Acts were compared with reports, studies and communications prepared by public and private institutions. This made it possible to draw conclusions regarding the causes of problems with the functioning of the Register in Poland.FindingsThe results of the research showed that the ambiguity of the definition of the beneficial owner leads to a number of problems on the part of reporting institutions, such as companies, foundations and associations. On the other hand, a large part of the data entered in the Register is questioned by obliged entities. The lack of personal data protection is also a problem. Consequently, this reduces the value of the Register as a tool that effectively mitigates the risk of money laundering.Research limitations/implicationsThe research focused only on the functioning of the Central Register of Beneficial Owners in Poland. The subject of the analysis addressed problems with the definition of beneficial owner, issues of data quality and openness and the process of verifying the Register’s data. The technical aspects of the Register operation and the financial penalties imposed by public oversight institutions were not reviewed. Also, no comparison was made with other European Union (EU) member states that have implemented Directive of the European Parliament and of the Council (EU) 2015/849.Originality/valueThis study discusses the important issue of regulatory requirements introduced under EU regulations for private companies. Familiarization of companies, NGOs and obliged entities with the conclusions of the study can positively influence the consolidation of the correct interpretative path. In addition, to the best of the author’s knowledge, this is the first scientific text that identifies and systematizes the most important problems of the Register’s functioning in Poland.

MPS from the West Pomeranian Province on Polish migration policy. Analysis based on submitted interpellations in the 9th term of the Parliament of the Republic of Poland

The statutory right of a deputy to submit interpellations is provided for in the Rules of Procedure of the Polish Parliament as well as in the Act on the Exercise of the Mandate of a Depute and Senator. The aim of the paper is to analyse Poland’s migration policy in 2019–2023 in the context of interpellations submitted by MPs. In substance, they covered three areas of migration policy: the creeping refugee crisis in the EU and its consequences for Poland, the conflict on the external border of the European Union, which is the Polish-Belarusian border, and Russian aggression against Ukraine and the resulting mass presence of Ukrainians as war refugees in Poland. The analysis showed that in the period in question, Poland does not have a comprehensive migration strategy. In situations of inflow of large numbers of foreigners, decisions of the Polish government are made ad hoc and confirm the thesis that the PiS government is unable to cope with new migration challenges. The source basis of the analysis are interpellations submitted by MPs from the West Pomeranian Province addressed to the Prime Minister, the Minister of Internal Affairs and Administration and the Minister of Education and Science. They are supplemented by laws and extensive literature on the subject.

Polish family foundation—a grand finale of a long saga

Abstract In January 2023, the Polish parliament passed the Act on the Family Foundation. After years of using private foundations in other European countries, Polish entrepreneurs finally have a domestic tool created for family succession. The purpose of the article is to assess, with a comparative approach, how the Polish legislator managed to regulate this institution against well-established solutions from other European countries. This article describes how the foundation operates and focuses on tax and international aspects of the new foundation law.

Aiming high in heritage language education: the case of de jure policy for complementary Polish State Schools abroad

ABSTRACT Informed by the conceptual-analytical framework of LPP and bilingual education policy, this study addresses a unique and under-researched case of heritage language education policy for complementary Polish State Schools abroad. These are Polish governmental educational offering aimed at Polish migrants and their descendants. Data consist of two policy documents issued by Polish parliamentary and governmental authorities and are analyzed through qualitative content analysis. The specific research question is: What ideological and implementational spaces can be identified in the policy documents regarding the following six areas: academic goal; language ideology; linguistic goal; language orientation; bilingualism orientation; cultural orientation? The findings show that the policy opens up implementational and ideological spaces not only for language maintenance but also for various epistemic goals and literacy forms that create opportunities for a multifaceted personal and societal development of the students. Polish language and culture are positioned both as right and as resource, and spaces for cultural pluralism and plurilingualism emerge. Even if bilingualism and biliteracy are not explicitly expressed as goals, the policy recognizes the multiple linguistic realities of the students by assuming bilingualism, the orientation that is here called bilingualism as default. Future research directions are suggested in the conclusion.

Jüdische Stadtdeputierte in der Zweiten Polnischen Republik: Projekte – Strategien – Dynamiken[The Jewish city councilors in the Second Polish Republic: Plans, strategies, dynamic

Jüdische Stadtdeputierte in der Zweiten Polnischen Republik: Projekte – Strategien – Dynamiken[The Jewish city councilors in the Second Polish Republic: Plans, strategies, dynamic

Reform proposals for the second Chamber of the Parliament in Poland modelled on the solutions adopted in the Republic of Slovenia

The present article attempts to demonstrate the need for systemic changes in the form of the Senate of the Republic of Poland. It also presents the competencies and composition of the National Council in Slovenia and its position within the political system, which may serve as an example for introducing changes to the Second Chamber of the Polish Parliament.

CONCEPTS OF EASTERN POLICY IN THE DISCOURSES OF LEADING POLISH PARLIAMENTARY GROUPS (1991–1997)

CONCEPTS OF EASTERN POLICY IN THE DISCOURSES OF LEADING POLISH PARLIAMENTARY GROUPS (1991–1997)

Normalization Policy of Ukrainian-Polish Relations in the mid-1930s: Essence, Causes, and Preconditions

The article attempts to analyse the historical event that was the process of normalisation of Ukrainian-Polish relations in the mid-1930s. It analyses the rationale that led to the conclusion of a normalisation agreement in 1935 between the Ukrainian National Democratic Union (UNDO) - the most influential social representative in the Ukrainian community in the western territories of Ukraine at the time - and the Polish government represented by representatives of the Sanation. In addition, the reasons that favoured the normalisation policy are discussed. The conclusion of the agreement was a landmark step. In exchange for a declaration of loyalty and the UNDO's recognition of the Polish raison d'état, the government was to implement many Ukrainian demands. For the UNDO, it was an opportunity to create parliamentary representation and ensure that Ukrainian NGOs were able to function, while for the Sanation, it was a chance to gain a political ally among Ukrainians in the region and the Polish parliament. In this way, the civic equality of Ukrainians was marked. At the same time, convergence of views on many issues was emphasised, but also issues that should be resolved and put in order were pointed out.

Media Visibility Index as a Tool for Measuring the Presence of Political Parties in the Media: Case of Polish Parliamentary Election Campaign in 2019

The problem of media visibility of politicians and political parties is at the heart of the interest of political communication researchers. Theoretical reflections and empirical studies focus on numerous media presence determinants. At the same time, attempts to identify the media visibility of political actors in specific periods, such as the particularly important for democracy period of the election campaign preceding the parliamentary election, are relatively rare. This study is intended to fill that gap. It proposes a simple research tool in the form of a media visibility index, which makes it possible to calculate and compare the visibility of electoral committees in selected media during the election campaign. The tool was used to determine the visibility of electoral committees taking part in the 2019 parliamentary elections in Poland in two TV news services “Wiadomości” and “Fakty”, and three weekly opinion magazines “Newsweek”, “Polityka” and “Sieci”. The data to calculate the index was gathered through manual content analysis of the studied media conducted six weeks before the day of the parliamentary elections.

Nowa czy tylko nowelizowana? O legalności „dużej zmiany” Konstytucji Rzeczypospolitej

The article has a scientific and research dimension and addresses an important problem related to the most fundamental legal act of the Polish legal system, i.e. the Constitution of the Republic of Poland of 1997. The problem concerns the decision whether it is legally permissible and lawful in the light of this Constitution to amend it as a whole, i.e. adopt a new constitution with the simultaneous repeal (derogation) of the current one, or on the contrary: the Constitution of 1997 can only be amended (partially amended), but as a normative act de lege lata it is “unrepealable”. Although a number of publications have tackled the issues of the process of adopting and amending the constitution of Poland and other states in the scientific literature, an original position on this subject has recently been presented. According to Professor Janusz Trzciński, the current constitution rules out the admissibility of its overall change, and for such a process, it would be necessary to amend it in advance, clearly providing for (introducing) the possibility of such a comprehensive modification. The author of this article puts forward an opposite thesis: the Constitution of the Republic of Poland of 1997 is not an immutable act, and its Article 235 does not preclude its application for the procedure of adopting a new constitution, combined with the repeal of the binding force of the existing constitution. The novelty of the research results lies not so much in the thesis itself (in Polish science such a view dominates), but rather in the argumentation behind it, covering not only dogmatic-legal aspects, but also historical and comparative ones. This means a certain new cognitive value in the sphere of science, which also has a potential application value, i.e. it can be taken into account in the event of a possible legislative work in the Polish Parliament aimed at adopting a new constitution.

Польша Сенатын реформациялаудың геополитикалық аспекті

The Senate is the upper house of the Polish parliament, which has relatively small powers in comparison with the lower house - the Sejm. In the world, only a few countries are electing the second chamber in direct elections, which is the case in Poland with the use of the majoritarian voting system. In the public debate, there is a discussion about changing the manner in which the Senate is elected and the scope of its competencies. The Senate has a long tradition in Poland. In the current formula, with the use of 100 single-member constituencies, it has been operating since 2011. Among the possible directions of changes, it is possible to indicate a switch in the electoral law from a majoritarian system to a proportional system or complete abolition of elections to the Senate. Instead, the composition of the chamber could be appointed by local government bodies, in particular the provincial government, or by appointment by the president or the Sejm. The chamber could include "senators for life" - people of merit for the country and former presidents and possibly prime ministers.

Nation-State Reframed: The Memory Struggle over the Genealogy of the Third Polish Republic (1997–1998)

ABSTRACT The article discusses the memory struggle over the genealogy of the Third Polish Republic which took place in the Polish parliament in the late 1990s. This struggle ensued around the National Independence Day and was decisive in establishing the symbolic definition of Polish post-1989 statehood as anti-communist. The article demonstrates how post-Solidarity mnemonic “warriors,” who promoted an anti-communist definition of statehood aimed at full criminalization of postwar state socialism, overruled the alternative definition that was developed by post-communist “pluralists” and based on the partial approval of state socialism. Thus, the post-Solidarity “warriors” reframed nation-state by establishing their own definition of statehood as the only legitimate one.