N coordination chemistry in diluted InGaAs nitride layers

GaAsN and InGaAsN semiconductor alloys with a small amount of nitrogen, so called dilute nitrides, constitute a novel compounds family with applications in telecom lasers and very efficient multijunction solar cells. The incorporation of N, which has a much larger electronegativity and smaller atomic size compared to As, induces a strong structural distortion in the InGaAs coordination chemistry, which will also affect the material electronic structure and band-gap. In particular, the nearest-neighbour bonding configuration of the N in InGaAsN has proven its influence on the band-gap. Our ARXPS results demonstrate that a higher growth temperature favour the formation of In-N bonds.Universidad de Málaga. Campus de Excelencia Internacional Andalucía Tech. - MINECO through TEC2011-28639-C02-02 and TEC2014-54260-C3-3-P - Wroclaw University of Technology statutory gran

Constitutional Reviews of Incomplete Regulations in Poland

The Polish legal order distinguishes between two types of incomplete regulations: legislative omissions and oversights. Omissions take place when a regulation (required because of the need for the application of the Constitution or for the performance of specific constitutional obligations) is missing in the system of law. Legislative oversights occur when a normative act is in force but, from the constitutional point of view, it is formulated fragmentarily. The former are not subject to Constitutional Tribunal (CT) control, whereas the latter are embraced by its competence. The existence of incomplete regulations is one of the most important yet still unresolved problems faced by the CT. Therefore, it constitutes a permanent source of discrepancies in CT judgments. The article posits that all incomplete regulations – both omissions and oversights – should be controlled by the CT. However, for the CT to do so, the Constitution should be amended, a special control procedure should be established and a new type of judgment should be introduced, which would consist of finding a statute unconstitutional without derogating it from the system of law. The expansion of the CT’s competence corresponds with the function and axiology of the operation of a contemporary constitutional court that should effectively and completely eliminate all violations of the Constitution arising from inactivity by the legislator

ON LEGAL CONSEQUENCES OF JUDGEMENTS OF THE POLISH CONSTITUTIONAL TRIBUNAL PASSED BY AN IRREGULAR PANEL

Recent years have gone down in the history of the Polish constitutional thought with an unprecedented dispute concerning the underlying principles for the activity and statutory position of the Constitutional Tribunal (‘CT’) . Under the dynamics of political events following the 2015 parliamentary elections the initial doubts whether some of the CT judges were appointed correctly turned into the deepest constitutional crisis in the modern history of Poland which ultimately led to decomposition of the entire state system of constitutional control. Finding all of the underlying causes of that crisis would require multifaceted analyses carried out by experts representing various scientific disciplines. Such an undertaking goes far beyond the boundaries of this study. The aim of this sketch is to reconstruct one of the episodes of the so-called Constitutional Tribunal Crisis which is a direct outcome of the appointment of CT judges by the Sejm (Parliament) to replace judges whose terms did not yet expire . This issue is of key importance for the current discussions on the nature and consequences of CT judgments . The presence of unauthorized persons in CT adjudicating panels became also an important symbolic turning point in the systemic transformation of the Polish constitutional court at the beginning of 2017

REFUSAL OF THE POLISH CONSTITUTIONAL TRIBUNALTO APPLY THE ACT STIPULATINGTHE CONSTITUTIONAL REVIEW PROCEDURE

One of the politically momentous and legally precedential constitutional problems of recent years which had to be faced by the Polish constitutional court has been the dispute whether it is possible to exclude the applicable statute defining the organization and procedure of the CT proceedings as a basis for adjudication.An analysis of the judgment of the Tribunal addressing that issue proves that the Polish constitutional court excluded the possibility that the same regulation could serve simultaneously as the object of control and the basis for control proceedings.This results from the essence of constitutional control of the law which in such arrangement of its key elements would simply repeal itself, i.e. would lead to its own invalidation.Subordination of constitutional judges exclusively to the Constitution extends to all actions they perform in serving their office and other consubstantial manifestations of exercising the power to judge.This is a derivative of jurisprudential responsibilities of the Tribunal, which include both passing a final judgment as to compliance of challenged statutes, as well as other acts of application of law.Art. 195 (1) in fine of the Polish Constitution lays down a competence norm for a CT judge to refuse, in specific circumstances, to abide by the CT Act. One of the analytical assumptions is recognition of the finality of CT judgments.The possibility to exclude a provision of the CT Act is an action in the area of application of law.Determination of the legal framework for passing judgments has nothing in common with constitutional control of challenged statutes.Those actions derive from totally different orders and their goals are differe

Draft position of the Sejm concerning the case ref. no. K 9/11

The article contains a draft position of the Sejm relating to the application submitted by a group of Deputies to the Constitutional Tribunal in which they contested some provisions of the Act – Electoral Law adopted on 5 January 2011, and the act amending it. The purpose of the application is declaration of conformity with the Constitution of several dozen provisions of both the legal acts. An analysis of justification of the position of the Sejm focuses above all on the new instruments of electoral law that were absent or reduced in Polish law. They include inter alia: a two-day vote, a proxy vote, correspondence vote, single-seat constituencies in elections to the Senate, as well as bans on the use of large-format election posters and slogans as well as paid election radio and TV ads. Based on detailed analysis, the authors claim that none of the solutions proposed in the new Electoral Code infringes the constitutional standards

The Constitution of the Republik of Poland : commentary

Komentarz przedstawia przede wszystkim praktyczną stronę obowiązywania i stosowania przepisów polskiej Konstytucji.The commentary presents first of all the practical side of the validity and application of the provisions of the Polish Constitution