Piotr Chybalski

Piotr Chybalski
Cardinal Stefan Wyszynski University in Warsaw · Faculty of Law and Administration

PhD

About

28
Publications
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3
Citations
Citations since 2016
28 Research Items
3 Citations
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Publications

Publications (28)
Article
Full-text available
The paper is dedicated to describing the way of reception by the Polish Constitutional Tribunal of the “chilling effect”, i.e. an institution related to such activities of public authorities that form an indirect act of deterrence regarding the execution of constitutionally guaranteed rights and freedoms, esp. the freedom of expression. The discuss...
Article
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In the opinion of the author certain provisions of the proposed bill raise constitutional doubts or may cause constitutional reservations, inter alia, in the light of the principle of specificity of law, the principle of separation of powers, the scope of the subject matter of parliamentary rules of regulation. Furthermore, insofar as the bill rela...
Article
Full-text available
A Deputy does not have to inform the Marshal of the Sejm about an intention of being employed as an assistant professor in a higher education institution, because it is a creative activity of an individual nature. Such obligation would exist if a Deputy had to perform additional responsibilities (apart from a pure academic or didactic work). In suc...
Chapter
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The paper concerns assessing the admissibility of submitting petitions to the Sejm by bodies of units of local self-government (communes / cities, counties / poviats, regions / voievodeships). The Author claims that the right to submit petitions, as guaranteed in Article 63 of the Constitution of the Republic Poland and the Act of 11th July 2014 on...
Chapter
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The Author discusses the problem of immunity of a Deputy to the Polish Sejm, serving as a member of the Parliamentary Assembly of the Council of Europe. A person holding jointly both functions can profit from two sets of immunity rules, one regulated by Article 105 of the Polish Constitution (concerning Deputies and Senators), and another one grant...
Article
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In the opinion of the author, the principle of discontinunity in relation to “petition proceedings” does not apply to acts carried out as part of the work of the Committee on Petitions. This should also apply to those activities of the Commission that follow the choice of how to handle the petition, e.g. to prepare projects or desiderates as part o...
Article
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The report, submitted by the Council for the Polish Language, entitled “Language of political information”, contains an analysis of the problem that is narrow in scope. In the light of the current parliamentary practice, the narrow scope of the Council’s reports is typical and this has not been questioned in the course of parliamentary work. The de...
Article
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Admissibility for a Deputy to obtain information from a trustee (restructuring advisor) In the author’s opinion, the bankrupt trustee may be an addressee of a Deputy’s request for information pursuant to Article 19 para. 1 of the Act on the Exercise of the Mandate of a Deputy or Senator as a manifestation of an extra-parliamentary (local) sphere o...
Article
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The subject of the opinion is the legal assessment of voting procedure, as well as confirmation of presence at such committee sittings, in which some Deputies partake in a traditional way (in person in the meeting room), while others take advantage of a remote participation on the basis of Part III of the Standing Orders of the Sejm titled “Sitting...
Chapter
Full-text available
The author discusses a legal institution of the so-called legislative silence regarding electoral law, as developed in three judicial decisions of the Constitutional Tribunal issued between 2006 and 2011. Although the Tribunal was inspired by international standards set out in the Code of Good Practice in Electoral Matters, adopted by the European...
Conference Paper
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The Author presents the development of intertemporal rules included in the Polish constitutions, from the one of 1921 (the so-called March Constitution) till the current one of 1997. The paper was presented during the conference "Konstytucyjne prawo intertemporalne" [Constitutional Intertemporal Law], Warsaw, 26th June 2018.
Article
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The author describes the problem of the use of the so-called comparative interpretation (or comparative method) by constitutional courts. In particular the text contains remarks concerning Polish traditions regarding in interest in comparative law of legal doctrine and judiciary, as well the problem of classifying comparative method within classica...
Article
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The author assesses the possibility of withdrawing motion to pass a vote of no confidence in the Council of Ministers, finding it. unacceptable, notwithstanding that this matter has not been literally regulated in law. Although this problem was not analyzed in the constitutional literature, an analysis of the current provisions of the Standing Orde...
Chapter
Full-text available
The Author presents results of an analysis of judicial decisions of the Polish Constitutional Tribunal (CT) issued between 1986 and 2008, in which, while performing constitutional or statutory interpretation, the CT referred to legislative history (parliamentary documents) in order to determine intent of the lawgiver. The analysis confirms the Poli...
Article
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The article is devoted to the problem of the personal scope of a matter examined by a Sejm’s investigative committee (Article 111 para. 1 of the Constitution of the Republic of Poland), i.e. the determination of state authorities whose activities may be analyzed in the course of parliamentary inquiry. The development of constitutional jurisprudence...
Article
Full-text available
The scope of a sponsor’s of the bill obligation to present outline drafts of principal executive orders. An obligation, provided for in the Standing Orders of the Sejm, of a sponsor’s of the bill to present to present outline drafts of principal executive orders is one of the core procedural regulations shaping the content of an explanatory state...
Article
Full-text available
The opinion contains the legal analysis of the bill on the principles for establishing the order of filling the mandates of the Deputies to the European Parliament elected by the Republic of Poland for the term 2019–2024 (print no. 3272). According to its author, the bill solves the problem indicated by the National Electoral Commission, related to...
Article
Full-text available
The author stated that the lack of complying with the National Electoral Commission’s proposal on changes in electoral districts in the elections to the Sejm and Senate will result in an internal inconsistency of the Electoral Code with regard to elections to the Sejm. It will also cause a violation of the constitutional principle of equality in el...
Article
A former Deputy to the Sejm of the Republic of Poland, and at the same time a former member of the Parliamentary Assembly of the Council of Europe (PACE), cannot be held responsible to the Sejm. Potentially, bringing the above-mentioned person to a criminal liability may be considered, because, according to the author, in the analyzed case, that pe...

Projects

Project (1)
Project
Examine the way the Polish constitutional court transplanted a US concept of "chilling effect" into the Polish legal system.