Basics of Law (4)

Constitutional Law
 Freedoms and rights of
human and citizen

What are human and citizen freedoms?

Freedoms of man and citizen are values ​whose
source is in natural law and which are inalienable.
Human and citizen rights are rights based on human
and citizen freedoms.
 Freedoms and rights of
human and citizen
Limitation of freedoms and rights:
-only by statute;
-if there is a conflict with public safety and order,
protection of the environment, public health and
morality, or protection of the freedoms or rights of
others;
-cannot lead to the deprivation of the essence of
freedoms or rights;
 Freedoms and rights of
human and citizen
Freedoms and personal rights
(e.g. legal protection of life,
prohibition of torture and other cruel or inhuman
treatment,
personal inviolability and personal freedom,
no criminal liability „without provision”,
freedom of movement,
freedom to express their views and to obtain and
disseminate information)
 Freedoms and rights of
human and citizen
Freedoms and political rights
(e.g. freedom to organize and attend peaceful
gatherings,
freedom of association,
the right to obtain information on the activities
of public authorities and persons performing
public functions,
the right to participate in the referendum and
the right to vote)
 Freedoms and rights of
human and citizen
Economic, social and cultural freedoms and rights
(e.g. property right and right of inheritance,
freedom to choose and practice a profession and to
choose a workplace,
the right to social security in the event of incapacity
for work due to sickness or invalidity and after
reaching retirement age,
right to health protection,
right to education)
 Freedoms and rights of
human and citizen
Economic, social and cultural freedoms and rights
(e.g. freedom of scientific research and announcing
their results, freedom of teaching,
the right of consumers, users and tenants to protect
against activities that threaten their health, privacy
and security, and against unfair market practices)
 Protection of freedoms
and rights
1) Right to compensation for damage caused by
unlawful action by a public authority
2) The right to appeal against judgments and
decisions (principle of two instances of
proceedings)
3) The right to lodge a constitutional complaint
4) The right to submit an application to the
Ombudsman
 Citizens’ duties

Duty of loyalty to the Republic of Poland

Obligation to comply with the law of the Republic
of Poland
Obligation to bear public burdens
Obligation to defend the Republic of Poland
The duty to care for the state of the environment
 Legislative power
Legislative power in the Republic of Poland is exercised by the Sejm
and the Senate.
The Sejm is composed of 460 Deputies.
Elections to the Sejm are universal, equal, direct and proportional
and shall be conducted by secret ballot.
The Sejm is chosen for a 4-year term of office.
Every citizen having the right to vote, who, no later than on the day
of the elections, has attained the age of 21 years, is eligible to be
elected to the Sejm.
 Legislative power
The Senate is composed of 100 Senators.
Elections to the Senate are universal, direct and are to be conducted
by secret ballot.
The Senat is also chosen for a 4-year term of office.
Every citizen having the right to vote, who, no later than on the day
of the elections, has attained the age of 30 years, is eligible to be
elected to the Senate.
 Next lecture

Next lecture consists of: the continuation of

the Constitutional Law and the Civil law.

Please during next lecture have access to:

- Polish Constitution
- Polish Civil Code.