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Published : 2023-03-29
Vol. 14 No. 46 (2023)

Polski defensor civitas jako "lustrator" działań władzy publicznej

Monika Kowalska

https://orcid.org/0000-0002-0575-0463

DOI: https://doi.org/10.35765/hp.2371
Section: Vol. 14, No. 46 (2023): The fourth power - theoretical and pratical ascpect

Abstract

RESEARCH OBJECTIVE: The aim of the article is to answer the question whether the activities of the Human Rights Defender can be perceived as an element of the legalism of public power, when mechanism of exercising power in the state is based on its politicization and subordination to political entities of areas of state life that were previously unavailable to them.

THE RESEARCH PROBLEM AND METHODS: The author intends to confirm the thesis that the activities of the Polish ombudsman may affect the rule of law in the state. The conclusions were formulated on basis of review of achievements of science, an analysis of legal provisions and assessment of practice of the HRD of the 7th term of office.

THE PROCESS OF ARGUMENTATION: The article presents the essence of powers of the HRD based on his actions for the 7th term of office, with particular emphasis on his reaction to pandemic patholegislation, changes election law or restrictions on the freedom of public assembly.

RESEARCH RESULTS: The analysis showed that the activities of the HRD aren`t limited to be a controller of activities of public authority but also active advocate of implementation idea of ​​civil society. The process of taking over by political decisionmakers the areas of state activity previously reserved to them, prompted the HRD to intensify his activities in information area, that citizens, losing their rights, gain knowledge about them and possibilities of pursuing them.

CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The practice of the ombudsman’s activities prompts to reflect that the Defender is able not only react to unlegal activities of public authority, but also to inform the public about the level of civil rights implementation in the state, and thus to activate the public to defense them.

Keywords

Human Rights Defender ; ombudsman ; rule of law



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