Constitutional Fundings of Family Policy

Constitutional Fundings of Family Policy Presented by: Prof. Dr. Sobczyk Date: 8 October 2023 Introduction - "...we establish the Constitution of the Republic of Poland as fundamental rights for the state based on respect for freedom and justice, cooperation between authorities, social dialogue and on the principle of subsidiarity strengthening the rights of citizens and their communities". • Preamble to the Constitution of the Republic of Poland of 2 April 1997 - The Constitution as a "set of fundamental rights" - The multicentric legal systems - I will try to answer three questions: • 1. Is the Constitution the supreme (fundamental) source of law (still)? • 2. What are the constitutional fundings in the field of family policy? • 3. What are the effects of constitutional guarantees on family policy? Is The Constitution The Supreme (Fundamental) Source Of Law? - The sources are of a hierarchical nature, and at the head of this hierarchy is the Constitution, which, in accordance with the content of Article 8, is the supreme law of the Republic of Poland - The supreme legal power of the Constitution of the Republic of Poland is expressed by the Constitution itself (prof. Sarnecki) - The principle of supremacy of the Constitution does not at all exclude the special role of the law in the legal system. What Are The Constitutional Fundings In The Field Of Family Policy? - "Marriage as a union between a man and a woman, family, maternity and parenthood are under the protection and guardianship of the Republic of Poland" (Article 18 of the Constitution). - "The State, in its social and economic policy, takes into account the good of families. Families in a difficult financial and social situation, especially those with many children and single-parent families, have the right to special assistance from the public authorities. The mother, before and after the birth of her child, has the right to special assistance from the public authorities" (Article 71(1) and (2) of the Constitution). What Are The Effects Of Constitutional Guarantees On Family Policy? - Two issues: • 1) The first thing, which is relatively obvious.  The consequence of recognizing the Constitution as the supreme law of the state in the process of its application is the recognition that it is the legislator who is primarily obliged to make it concrete.  The hierarchically ordered legal system is based not only on the assumption that the Constitution should be concretized by statutes, but also on the assumption of eliminating norms contrary to the Constitution from this system. • 2) The second thing, more complicated.  The supremacy of the Constitution of the Republic of Poland in relation to the entire legal order, in the area of sovereignty of the Republic of Poland, is manifested in several levels.  The problem is that legislative actions are carried out at the EU level that contradict national law.  Example: The Committee on Constitutional Affairs has prepared a DRAFT REPORT on proposals of the European Parliament for the amendment of the Treaties (2022/2051 (INL)), agreed by five leftcentrist factions.  The report, which proposes 267 changes to both the Treaties, the TEU and the TFEU, is 120 pages long.  The report proposes: o Radical centralization of the EU by transforming it de facto into a centralized oligarchic European super-state, escaping democratic control...  In addition, the report proposes cultural and ideological changes: replacing the term "equality between women and men" with the term "gender" everywhere in the EU Treaties. Conclusion - In the classical approach dating back to the Vienna school of law (Kelsen) the position of the constitution as the supreme law in the state is not in doubt. - Currently, a noticeable problem is the expansion of the competences of the European Union bodies in areas so far reserved for the Member States, which in the future may lead to the imposition of one common family policy, the question is whether it is beneficial for the family in its classical sense?