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1201. The Formation of Local Self-government During the System Transformation Period in Poland and the Former GDR

Author:
Adam Jarosz
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
This paper presents changes that have occurred at the local level in Poland and new German federal states during the process of the post-communist system transforma- tion. The stages of rebuilding the local self-government and its structures are analyzed. The experiences of Poland and Eastern Germany – two states where the system transformation took different courses – were compared. At the same time, both countries have different constitutional orders of the unitary state and federal state, and this context are interesting fields for a comparative analysis. This paper also confronts the two methods of institution building – the importing of well-established institutions and developing them in the evolu- tionary way, where in both cases path a dependency can be well observed. In Germany this is considered a special case (Sonderfall) of institutional transformation, in which the key role was played by the transference of institutions, personnel and financial means. This was also done much quicker and in a more structured and comprehensive way than in Poland. In the case of Poland, the creation of local self-government structures or shaping the political actors was a grassroots and evolutionary process. This article points out the most important factors that had a crucial significance in the course and results of the transformation and explains different ways of developing the system of democratic local self-government.
Topic:
Governance, Local, Federalism, and Transition
Political Geography:
Europe, Poland, and Germany

1202. Conspiracy Theories Are Not Only for Election Losers. Anti-system Parties and Conspiratorial Distrust in Poland

Author:
Franciszek Czech
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Using data from a nationally representative survey in Poland, this study looks at the links between post-election attitudes, ideology and conspiratorial distrust toward public sphere. The reference point is an argument made by Joseph Uscinski and Joseph Parent. They provide evidence that conspiracy theories are more popular among election losers in the United States. Data presented in the article shows a limitation of the argument and the special role of anti-system party in the Polish parliamentary election of 2015. Therefore, the more comprehensive understanding of conspiracy theories within the field of political sci- ence is discussed.
Topic:
Elections, Election watch, Ideology, and Conspiracy Theory
Political Geography:
Europe and Poland

1203. Members of Polish Political Parties in the Process of Inter-Electoral Campaigning

Author:
Anna Paczesniak and Maria Winclawska
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The character and role of membership in political parties have been varied in time (van Haute, 2011; Scarrow, 2015; Gauja, 2017), just as the parties themselves, their or- ganizations and functions in political systems (e.g. Duverger, 1976; Kirkheimer, 1966; Mair, Katz, 1997; Katz, Mair, 2009). There are researchers suggesting that the importance of mem- bers for political parties and in campaigning has declined substantially. But does it mean that they have become irrelevant in this aspect? In the paper we look at the process of inter-electoral campaigning from the perspective of the rank-and-files of Polish political parties. There are three research questions in this article: (1) Do the rank-and-file members of Polish political parties see the functions of modern political parties in the aspect of permanent communication? (2) Do they engage in the parties’ inter-electoral campaigns? (3) Do the assessments of party functions and per- formances, or the view about the role of the grassroots, correlate with the members’ engage- ment in the campaigns of the parties? The data analyzed in the paper were taken from the research conducted in the project „Political parties and their social environment. An Analysis of the Organization and Com- munications Activities of Polish Political Parties”1. The analysis is based on the quantitative data (PAPI and CAWI) of the members of six Polish political parties (n=2,488).
Topic:
Elections, Domestic politics, Political Parties, and Multi Party System
Political Geography:
Europe, Eastern Europe, Poland, and Central Europe

1204. Electoral Rights and Intellectual Disability: Considerations de lege lata

Author:
Małgorzata Babula
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The Constitution of the Republic of Poland mentions as one of the principles of electoral law its universality. This means that anyone who meets the requirements of law is entitled to vote. The admissibility of exclusions from this principle is also expressly defined by the law. One of the limitations in the exercise of electoral rights is an intellectual disability resulting in the incapacity of the individual. Meanwhile, Poland’s international obligations resulting e.g. from the ratification of the Convention on the Rights of Persons with Disabili- ties provides with a necessity of a deeper reflection on the present solutions. The ratification by Poland of the UN Convention has stimulated discussion on the political rights of people with intellectual disabilities, extending the field of debate on the legitimacy of the current form of institution of incapacitation. The aim of this article is to reflect on the current solu- tions in the exercise of electoral rights by people affected by intellectual disability but not being incapacitated.
Topic:
Intelligence, Elections, Constitution, Discrimination, Disability, and Political Rights
Political Geography:
Europe, Eastern Europe, Poland, and Central Europe

1205. Electoral System of the Republic of Belarus after 25 Years of Independence

Author:
Anna Kuleszewicz
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
This paper aims to present a case study analysis of the condition of the electoral system in the Republic of Belarus after more than a quarter of a century of independence. The main purpose of the paper is to explain the discrepancies between legislation and prac- tice. The author intended to note a real situation that dominates the country’s political scene in comparison to theoretical establishments. A Constitution of the Republic (created in 1994, with minor changes in 1996 and 2004) is the legal ground of the electoral system, how- ever, procedural details were drawn up in the Electoral Code. The principles of Belarusian electoral code consist of some statements known from democratic models, such as universal suffrage, direct suffrage, secret ballot and equality. There are different types of elections in Belarus but the most important ones are presidential and parliamentary elections. Despite the detailed legal rules for conducting these elections, in fact, the principles of democracy, as well as the internal rules in Belarus, are not respected. Both presidential and parliamentary elections have shown this in recent years. Independent observers for a long time have been alarming about worrying electoral practices in Belarus. It is also worth emphasizing that since 1994, one man has been in power uninterruptedly, and Parliament has in fact a sym- bolic function. In the source materials, the author used Belarusian legal acts, analyses and reports, press notes as well as scientific papers.
Topic:
Elections, Democracy, Independence, and Post Cold War
Political Geography:
Europe and Belarus

1206. Beyond Vote Rigging: Common Patterns in Electoral Malpractices in De-Democratizing Regimes

Author:
Adam Szymański and Wojciech Ufel
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
For the past decade in many countries in Europe and its close neighborhood we have observed different types of processes which can be named as “de-democratization”. The aim of the article is to analyze the state of elections as the crucial democratic institution which fairness and competitiveness have a substantial impact on the political regime. While Turkey as a “role model” for our analysis remains a main focus of the article, three Euro- pean countries were selected for a comparison based on their relative similarity to Turkey – Hungary, Macedonia (FYROM) and Serbia. The following questions are posed: Are elections in these countries free, fair and competitive? Can some types of electoral malpractice and irregularities be identified? How does the state of elections in terms of their fairness and competitiveness influence the political regime? The main hypothesis is that in the analyzed countries elections competitiveness limited by incumbents can become a factor deciding about the change within the political regime in the long run (loss of democratic quality) and also change the regime (to a less democratic one).
Topic:
Elections, Democracy, Election watch, Election Interference, and Illiberal Democracy
Political Geography:
Europe, Serbia, Macedonia, and Hungary

1207. The Impact of the European Court of Human Rights on Justice Sector Reform in the Republic of Moldova

Author:
Judithanne Scourfield McLauchlan
Publication Date:
11-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
For this study, I reviewed the judgments of the European Court of Human Rights against the Republic of Moldova and the corresponding reports of the Committee of Ministers from 1997 through 2014. In addition, I interviewed more than 25 lawyers, judges, and human rights advocates. After analyzing the effectiveness of the Court in terms of compliance with the judgments in specific cases (individual measures), I will assess the broader impact of these decisions (general measures) on legal reforms and public policy in the Republic of Moldova. I will evaluate the effectiveness of the decisions of the ECtHR in the context of the implementation of Moldova’s Justice Sector Reform Strategy (2011-2015), the Council of Europe’s Action Plan to Support Democratic Reforms in the Republic of Moldova (2013-2016), and Moldova’s National Human Rights Action Plan (2011-2014). My findings will offer insights into the constraints faced by the ECtHR in implementing its decisions and the impact of the ECtHR on national legal systems.
Topic:
Human Rights, Reform, European Union, and Judiciary
Political Geography:
Europe and Moldova

1208. The European Union as a Reforming Power in the Western Balkans: The Case of Albania

Author:
Klodiana Beshku and Orjana Mullisi
Publication Date:
11-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This paper tries to further elaborate one of the most important external powers of the European Union: Its “reforming power” which goes in parallel with its ability as “normative actor” in the Western Balkans. Through Albania as a case study, it tries to argue that the process of Albania’s integration to the EU has transformed the country in several directions: by introducing a deep juridical reform and by the full alignment of its foreign policy with CFSP and the “regional cooperation”. In fact, under the auspices of the EU integration, the country is making all the efforts to deliver on one of the most transformative reforms undertaken in the region, that of the justice system. This gives to EU the features of a “reforming power”. The term shows the EU as a driving force which makes countries undertake deep reforms they would not have differently realized, if not under the conditionality for the EU integration.
Topic:
Regional Cooperation, Reform, and European Union
Political Geography:
Europe and Albania

1209. EU's Refugee Crisis: From Supra-Nationalism to Nationalism?

Author:
Dogachan Dagi
Publication Date:
02-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The refugee crisis of 2015-2016 revealed the strength of the idea of “national sovereignty” within the Member States of the European Union indicating that not only supra-nationalism is still nascent thinking in the Union but also inter-govermentalism readily transforms into a “self-help” mechanism to opt-out from “common European” destiny in times of crisis. As such it seems that the recent refugee crisis has awakened nationalistic populism in Europe with a disintegrative impact on the Union. Despite the controversial EU-Turkey joint action plan of March 2016 that effectively served to reduce the number of refugees crossing into the EU area the intergovernmental and supranational division on how to reconcile national concerns with that of the EU rules and regulations as well as humanitarian responsibility still persist.
Topic:
Nationalism, Treaties and Agreements, European Union, Refugee Crisis, and Populism
Political Geography:
Europe and Turkey

1210. The Scope of Application of the Charter’s Right to Good Administration of the European Union

Author:
Irena Cuculoska
Publication Date:
02-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Article 41 of the Charter for Fundamental Rights of the EU guarantees the right to good administration as a fundamental right of the EU citizens. It seems from the wording that Article 41 applies only to the institutions, bodies, and agencies of the Union, without mentioning the Member States. This gives it a narrower scope than that given in Article 51.1 concerning the scope of the Charter as a whole. This paper discusses the question of applicability of the right to good administration regarding the implications of Article 41 in this respect. The doubt that stems from this is whether the content of 51.1 prevails or, on the contrary, it must be ignored and taken as reference to the particular provision in Article 41.
Topic:
Human Rights, Treaties and Agreements, Governance, European Union, and Political Rights
Political Geography:
Europe