Implementation Of The Constitutional Pattern In New Legislative Practice

Implementation Of The Constitutional Pattern In New Legislative Practice Presented by: Prof. Dr. Sobczyk Date: 23 February 2024 Introduction - In the Constitution of the Republic of Poland of 2 April 1997, three words - concepts set out the standards of action and obligations of public authorities towards the family and its members. - These three words are: respect, protection and care. - Therefore, the following questions should be considered and answered: • In what context do the terms respect, protection and care appear in the Constitution? • - What is the meaning of these terms in the context of the family and its members? The legislator's assessment of the implementation of the constitutional standard. Protection & Care - The constitutional principle of the program, which provides for the protection and care of the Republic of Poland over the family, but also marriage, motherhood and parenthood, constitutes one of the basic duties of the state. - "Protection is mainly legal in nature (e.g. legal regulations concerning divorce and separation) and care takes the form mainly of material benefits (e.g. the existence of a maintenance fund, family allowances, etc.). Respect - Article 30 of the Constitution, which concerns human dignity, contains the obligation of public authorities to respect and protect human dignity. - The obligation to respect and protect dignity 'includes ensuring adequate protection for everyone and in any reasonable situation' and is a prohibition on public authorities taking actions that may be considered a violation of dignity. - According to the judgment of the Constitutional Tribunal, the obligation of public authorities to respect human dignity should be understood in both positive and negative terms. - The positive aspect of respect for human dignity, i.e. status actives - The negative aspect of respect for human dignity, i.e. the status of negatives Implementation - The development of social program took place especially in the middle of the second decade of the 21st century. - Unfortunately, despite a number of financial programs including the flagship 'Family 500+/800+' program it has not been possible to reverse demographic trends in the country, as confirmed by the latest data on the so-called negative rate of natural increase. - The fundamental problem in Poland is still the low fertility rate. - It should be noted that the programs presented in this presentation have clearly had a positive impact on the financial situation of families. - The positive assessment of the number and variety of programs supporting not only the mother before and after the birth of her child, but especially families, deserves criticism due to the lack of a single normative act (law) that would comprehensively regulate the titular issues. - It is worth noting that the indicated social - pro-family programs are implemented at different levels of public authority, i.e. state and local government. Summary - Each of the three constitutional concepts: respect, protection and care has its own meaning, confirmed by the Constitutional Tribunal and legal doctrine. - There is no doubt that public authorities have special tasks or even responsibilities concerning the family and its members. - The majority of pro-family and social programs were introduced in the period 20152023. - What will happen in the future?