Miscellanea vol.XIV
Studies in the field of law and politics. Miscellanea
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Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0000-0002-5839-9267
FREEDOM TO NOMINATE CANDIDATES IN ELECTIONS BETWEEN 1944 AND 1988
Key words: elections, electoral law, electoral rights, candidate.
Abstract
The principle of free elections is the cornerstone of elections, which are referred to as democratic. Often this principle is not articulated in the constitution or in the laws regulating the electoral system and law in a given country. The state of affairs, which is now completely natural and is reflected in the electoral and systemic practice, did not have such an attribute during the period of Polish legal history, just after the end of the Second World War, when the processes of democratisation of the state were not the priority ones. Although the freedom to put forward candidates for election is one of the elements of the principle of free elections, it appears to be that important first step in ensuring and overseeing the electoral process. In turn, the principles of guaranteeing the exercise of the freedoms in question are of interest, as well as the instruments for the full realisation of the principle of free elections in this compilation.
The principle of free elections is the cornerstone of elections, which are referred to as democratic. Often this principle is not articulated in the constitution or in the laws regulating the electoral system and law in a given country. The state of affairs, which is now completely natural and is reflected in the electoral and systemic practice, did not have such an attribute during the period of Polish legal history, just after the end of the Second World War, when the processes of democratisation of the state were not the priority ones. Although the freedom to put forward candidates for election is one of the elements of the principle of free elections, it appears to be that important first step in ensuring and overseeing the electoral process. In turn, the principles of guaranteeing the exercise of the freedoms in question are of interest, as well as the instruments for the full realisation of the principle of free elections in this compilation.
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Affiliation: Kazimierz Pułaski University of Radom
ORCID: 0000-0002-1106-5067
JOURNALISTS’ RIGHT OF ACCESS TO INFORMATION AND THE RIGHT OF CITIZENS TO IMPART INFORMATION TO THE PRESS
Key words: press release, media, freedom of speech, press law, access to information
Abstract
This paper deals with journalists’ access to information and the right of citizens to impart information to the press in the light of the law as it stands today. The right of access to information is one of the main pillars of a democratic rule of law and a prerequisite for the growth of the common good. In their service to society, members of the press act as genuine guides for the public in an effort to systematise information and to keep the public informed of developments in the public sphere. In this role, they are expected to ensure that the information they impart to the public is true, as otherwise the freedom of speech would be abused and the reality would be falsified.
This paper deals with journalists’ access to information and the right of citizens to impart information to the press in the light of the law as it stands today. The right of access to information is one of the main pillars of a democratic rule of law and a prerequisite for the growth of the common good. In their service to society, members of the press act as genuine guides for the public in an effort to systematise information and to keep the public informed of developments in the public sphere. In this role, they are expected to ensure that the information they impart to the public is true, as otherwise the freedom of speech would be abused and the reality would be falsified.
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Affiliation: Deputy District Prosecutor in Świebodzin National School of Judiciary and Public Prosecution
ORCID: 0000-0003-0009-5751
PHENOMENAL FORMS OF COMMITTING A CRIME
Key words: crime, phenomenal forms, perpetration, incitement, aiding and abetting.
Abstract
Article 18 of the Penal Code contains a statutory definition of the phenomenal forms of committing a prohibited act. This concept includes agency in the narrow sense, i.e. causal phenomena, i.e. single agency (single agency), co-perpetration, managerial agency and recommending agency (so-called non-executive agency), as well as inciting and aiding and abetting. The last two are non-causative phenomenal forms of a prohibited act. The phenomenal forms of crime include: 1) perpetration (in various forms) - Art. 18 § 1 of the Penal Code, 2) incitement - art. 18 § 2 of the Penal Code, 3) aiding and abetting – Art. 18 § 3 of the Penal Code The article presents basic information on the phenomenal forms of committing crimes in Polish criminal law. The text contains the characteristics of individual phenomenal forms. Attention was also paid to the rules regarding the assessment of punishment for particular forms of phenomena.
Article 18 of the Penal Code contains a statutory definition of the phenomenal forms of committing a prohibited act. This concept includes agency in the narrow sense, i.e. causal phenomena, i.e. single agency (single agency), co-perpetration, managerial agency and recommending agency (so-called non-executive agency), as well as inciting and aiding and abetting. The last two are non-causative phenomenal forms of a prohibited act. The phenomenal forms of crime include: 1) perpetration (in various forms) - Art. 18 § 1 of the Penal Code, 2) incitement - art. 18 § 2 of the Penal Code, 3) aiding and abetting – Art. 18 § 3 of the Penal Code The article presents basic information on the phenomenal forms of committing crimes in Polish criminal law. The text contains the characteristics of individual phenomenal forms. Attention was also paid to the rules regarding the assessment of punishment for particular forms of phenomena.
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Affiliation: Kazimierz Wielki University
ORCID: 0000-0002-7094-5822
THE PRINCIPLE OF NEMO SE IPSUM ACCUSARE TENETUR IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS
Key words: freedom from self-incrimination, obtaining evidence by improper coercion, obtaining evidence by deception, inference from the defendant’s silence to his disadvantage, right to a fair trial
Abstract
The paper attempts to reconstruct the normative content of the freedom from selfincrimination and the right to silence in the case law of the European Court of Human Rights, with particular emphasis to issues that have been controversial in jurisprudential practice, such as: the definition of the circumstances in which an individual may invoke the right not to incriminate himself, the admissibility in proceedings against the applicant of evidence obtained in violation of rights and freedoms guaranteed by the Convention other than the right to a fair trial, the admissibility of inferences unfavourable to the accused from his silence, and the possibility of obtaining evidence by means of deception. The key issue in determining the substantial scope of the right not to incriminate oneself is whether, in order to obtain a particular piece of evidence, the authorities applied undue coercion to the accused or suspect resulting in a violation of the essence of the right in question
The paper attempts to reconstruct the normative content of the freedom from selfincrimination and the right to silence in the case law of the European Court of Human Rights, with particular emphasis to issues that have been controversial in jurisprudential practice, such as: the definition of the circumstances in which an individual may invoke the right not to incriminate himself, the admissibility in proceedings against the applicant of evidence obtained in violation of rights and freedoms guaranteed by the Convention other than the right to a fair trial, the admissibility of inferences unfavourable to the accused from his silence, and the possibility of obtaining evidence by means of deception. The key issue in determining the substantial scope of the right not to incriminate oneself is whether, in order to obtain a particular piece of evidence, the authorities applied undue coercion to the accused or suspect resulting in a violation of the essence of the right in question
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Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0000-0001-7251-5431
ELECTORAL LAW IN POLISH CONSTITUTIONS
Key words: Constitution, electoral law, Constitution of 3 May, March Constitution, April Constitution, Constitution of the Polish People’s Republic
Abstract
In his article, the author discusses the basic principles and institutions of electoral law in individual Polish constitutions. He begins his discussion with the 1791 constitution, which, although not yet related to modern acts of this kind, nevertheless presents certain regulations as purely Polish due to its important character and significance for the political system of Poland and Europe. Next, two constitutions from the interwar period, 1921 and 1935, are presented. The author devotes most attention to the March Constitution of 1921, because to a certain extent it became the prototype for the current constitution and contemporary electoral law. Next, for chronological reasons and with good methodological solutions, the Constitution of the Polish People’s Republic is discussed, mainly in a special chapter devoted to electoral law. Finally, considerations on electoral law in the contemporary Constitution of 1997 and certain de lege ferenda proposals are presented.
In his article, the author discusses the basic principles and institutions of electoral law in individual Polish constitutions. He begins his discussion with the 1791 constitution, which, although not yet related to modern acts of this kind, nevertheless presents certain regulations as purely Polish due to its important character and significance for the political system of Poland and Europe. Next, two constitutions from the interwar period, 1921 and 1935, are presented. The author devotes most attention to the March Constitution of 1921, because to a certain extent it became the prototype for the current constitution and contemporary electoral law. Next, for chronological reasons and with good methodological solutions, the Constitution of the Polish People’s Republic is discussed, mainly in a special chapter devoted to electoral law. Finally, considerations on electoral law in the contemporary Constitution of 1997 and certain de lege ferenda proposals are presented.
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Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0009-0000-8037-7737
ASSESSMENT OF THE FUNCTIONING OF THE ELECTION ADMINISTRATION APPARATUS IN POLAND
Key words: society, democracy, state, elections, election administration, National Electoral Commission (NEC), election commissioners, sovereignty of the nation, Constitution of the Republic of Poland, Electoral Code, universal suffrage, equality of elections, freedom of voting, secrecy of voting, impartiality of electoral bodies, independence of electoral administration, stability of electoral law, politicization of elections, referendum, postal voting, electoral process, legitimization of power, social trust, electoral bodies, cyclicality of elections.
Abstract
In this article, the author analyzes the role of society in the process of exercising power, especially in the context of the functioning of the electoral administration in Poland. The author begins with the definition of society, indicating its key features, and then discusses the state as a social organization, of which democracy is an important element. The main part of the study is devoted to the analysis of the importance of elections in a democratic state of law. The basic principles of democratic elections are presented, such as universality, equality, freedom of voting, secrecy, regularity and impartiality of electoral bodies. The key importance of the sovereignty of the nation, enshrined in the Constitution of the Republic of Poland, as the foundation of the democratic system is also emphasized. Then the work focuses on problems related to the functioning of the Polish electoral administration, especially in the context of changes in the years 2018-2020. It is indicated that these reforms weakened the independence of the National Electoral Commission and election commissioners, which could have influenced the politicization of the electoral process. The changes regarding the organization of district commissions and postal voting are also critically assessed. Finally, the work draws attention to the importance of the stability of electoral law and the need to comply with democratic standards. Despite the controversy surrounding the changes in the electoral administration, social research indicates a high level of citizens’ trust in the election results and the work of the National Electoral Commission. The work emphasizes that the key challenge for Polish democracy is to ensure the transparency and independence of the electoral administration, which is the basis for the stability and legitimacy of power in a democratic state.
In this article, the author analyzes the role of society in the process of exercising power, especially in the context of the functioning of the electoral administration in Poland. The author begins with the definition of society, indicating its key features, and then discusses the state as a social organization, of which democracy is an important element. The main part of the study is devoted to the analysis of the importance of elections in a democratic state of law. The basic principles of democratic elections are presented, such as universality, equality, freedom of voting, secrecy, regularity and impartiality of electoral bodies. The key importance of the sovereignty of the nation, enshrined in the Constitution of the Republic of Poland, as the foundation of the democratic system is also emphasized. Then the work focuses on problems related to the functioning of the Polish electoral administration, especially in the context of changes in the years 2018-2020. It is indicated that these reforms weakened the independence of the National Electoral Commission and election commissioners, which could have influenced the politicization of the electoral process. The changes regarding the organization of district commissions and postal voting are also critically assessed. Finally, the work draws attention to the importance of the stability of electoral law and the need to comply with democratic standards. Despite the controversy surrounding the changes in the electoral administration, social research indicates a high level of citizens’ trust in the election results and the work of the National Electoral Commission. The work emphasizes that the key challenge for Polish democracy is to ensure the transparency and independence of the electoral administration, which is the basis for the stability and legitimacy of power in a democratic state.
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Affiliation: Cardinal Stefan Wyszyński University in Warsaw
ORCID: 0000-0003-4152-441X
OCCASIONAL REMOTE WORK IN LIGHT OF THE LABOR CODE PROVISIONS
Key words: occasional remote work, employment relationship, labor law
Abstract
This article seeks to address the key legal issues surrounding occasional remote work. Such work can be performed solely at the request of the employee. The employer has the discretion to grant or deny the request, but any refusal must not be discriminatory. The legislator has imposed a cap of 24 days per calendar year, and any unused days cannot be carried over to the subsequent calendar year. This 24-day limit applies uniformly to all employees, irrespective of their working hours. The provisions indicated in Article 6733 § 2 of the Labor Code, i.e. the regulations on remote work, do not apply to occasional remote work. Thanks to this, occasional remote work is less formalized. The employer should establish with the employee the rules related to the provision of occasional remote work, including methods of communication and protection of personal data. In addition, the parties must also establish the principles of control in terms of compliance with the requirements in the area of security and information protection.
This article seeks to address the key legal issues surrounding occasional remote work. Such work can be performed solely at the request of the employee. The employer has the discretion to grant or deny the request, but any refusal must not be discriminatory. The legislator has imposed a cap of 24 days per calendar year, and any unused days cannot be carried over to the subsequent calendar year. This 24-day limit applies uniformly to all employees, irrespective of their working hours. The provisions indicated in Article 6733 § 2 of the Labor Code, i.e. the regulations on remote work, do not apply to occasional remote work. Thanks to this, occasional remote work is less formalized. The employer should establish with the employee the rules related to the provision of occasional remote work, including methods of communication and protection of personal data. In addition, the parties must also establish the principles of control in terms of compliance with the requirements in the area of security and information protection.
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Affiliation: Uczelnia Łukaszewski
ORCID: 0000-0003-0569-1966
ACTIVITIES OF PUBLIC ADMINISTRATION BODIES FOR THE PROTECTION OF ANIMALS
Key words: public administration body; legal remedies; protection of animal rights
Abstract
The protection of animals was derived, therefore, from the fact that an animal as a living creature capable of feeling should be provided with a certain degree of protection by public administration bodies. These activities are to protect against brutal human interference in the life of animals (using them in food and pharmaceutical production, for scientific or educational purposes, entertainment or as part of the so-called hunting economy). Currently, the source of the legal protection of animals is the obligation of public administration bodies to take specific actions in order to refrain from certain behaviors towards animals. However, despite the lack of a formally adopted legal subjectivity of animals, the term animal rights, and in this sense, also appears in judicial decisions as part of the moral status of animals. The issue of animal rights is at the same time the subject of research in ethics, philosophy, and more and more often in legal sciences.
The protection of animals was derived, therefore, from the fact that an animal as a living creature capable of feeling should be provided with a certain degree of protection by public administration bodies. These activities are to protect against brutal human interference in the life of animals (using them in food and pharmaceutical production, for scientific or educational purposes, entertainment or as part of the so-called hunting economy). Currently, the source of the legal protection of animals is the obligation of public administration bodies to take specific actions in order to refrain from certain behaviors towards animals. However, despite the lack of a formally adopted legal subjectivity of animals, the term animal rights, and in this sense, also appears in judicial decisions as part of the moral status of animals. The issue of animal rights is at the same time the subject of research in ethics, philosophy, and more and more often in legal sciences.
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Affiliation: Institute for Life, Environment, and Climate Sciences
ORCID: 0000-0003-4632-840X
LEGAL ASPECTS OF EFFECTIVE MANAGEMENT OF RISKS AND OPPORTUNITIES RESULTING FROM CLIMATE CHANGE IN THE ENTERPRISE
Key words: climate change law, enterprise, emissions, Kyoto Protocol, UNFCCC.
Abstract
The link between climate change and doing business is inseparable obvious. Business decisions and actions can accelerate or slow down climate change, which must be viewed from the perspective of risks, but also opportunities. It is estimated that by 2100, potential financial losses due to climate change could range from USD 4.2 trillion to USD 43 trillion. However, climate change adaptation and mitigation is projected to create investment opportunities of up to USD 26 trillion by 2030. So what should business do to respond to all these challenges? More and more companies are introducing solutions leading to reducing emissions and achieving zero or net zero emissions. Effective management of risks and opportunities resulting from climate change in an enterprise requires taking into account legal conditions. The article aims to show the impact of the most important regulations of international law and European Union law in this field.
The link between climate change and doing business is inseparable obvious. Business decisions and actions can accelerate or slow down climate change, which must be viewed from the perspective of risks, but also opportunities. It is estimated that by 2100, potential financial losses due to climate change could range from USD 4.2 trillion to USD 43 trillion. However, climate change adaptation and mitigation is projected to create investment opportunities of up to USD 26 trillion by 2030. So what should business do to respond to all these challenges? More and more companies are introducing solutions leading to reducing emissions and achieving zero or net zero emissions. Effective management of risks and opportunities resulting from climate change in an enterprise requires taking into account legal conditions. The article aims to show the impact of the most important regulations of international law and European Union law in this field.
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Affiliation: Cracow University of Economics
ORCID: 0009-0000-0241-9516
ARTIFICIAL INTELLIGENCE IN MEDICINE: APPLICATION POSSIBILITIES
AND ETHICAL AND LEGAL CHALLENGES
AND ETHICAL AND LEGAL CHALLENGES
Key words: artificial intelligence, medicine, treatment, risk, algorithms
Abstract
The primary objective of this publication is to present the growing role of artificial intelligence in medicine, analyzing both its potential and challenges related to regulatory and ethical aspects. The article discusses key areas in which artificial intelligence can improve diagnostic and therapeutic processes. The principles according to which the aforementioned technology should be used in health-related areas are indicated. Attention has also been paid to the problem of liability for mistakes made in connection with the use of artificial intelligence algorithms. Both ethical challenges and legal issues related to the development of this technology in medical fields are presented.
The primary objective of this publication is to present the growing role of artificial intelligence in medicine, analyzing both its potential and challenges related to regulatory and ethical aspects. The article discusses key areas in which artificial intelligence can improve diagnostic and therapeutic processes. The principles according to which the aforementioned technology should be used in health-related areas are indicated. Attention has also been paid to the problem of liability for mistakes made in connection with the use of artificial intelligence algorithms. Both ethical challenges and legal issues related to the development of this technology in medical fields are presented.
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Affiliation: Nicolaus Copernicus University in Toruń
ORCID: 0009-0007-3631-4377
TORTURE AND ITS EVIDENCE ROLE IN THE FORMER CRIMINAL PROCESS
Key words: torture, testimony, inquisitorial trial, instruments of torture, Constitutio Criminalis Carolina, Constitutio Criminalis Theresiana, legal humanitarianism
Abstract
Torture is generally associated with physical punishments as a sanction for criminal acts, but in legal proceedings, it also served as a means of extracting confessions. It became most notorious in the inquisitorial process, where confession (confessio est regina probationum) was considered the most important form of evidence. The Constitutio Criminalis Carolina and Constitutio Criminalis Theresiana significantly influenced its role, regulating both the principles and methods of torture, which were carried out using various instruments. Although torture remained an integral part of the legal system for many years, opposition to confessions obtained through such means emerged relatively early. Advocates of legal humanitarianism criticized the outdated principles of substantive law and criminal procedure, highlighting the dangers of torture and its widespread abuses. They strongly demanded its abolition, as it was commonly practiced across Europe. After numerous legal reforms, the demands of Enlightenment thinkers were eventually realized.
Torture is generally associated with physical punishments as a sanction for criminal acts, but in legal proceedings, it also served as a means of extracting confessions. It became most notorious in the inquisitorial process, where confession (confessio est regina probationum) was considered the most important form of evidence. The Constitutio Criminalis Carolina and Constitutio Criminalis Theresiana significantly influenced its role, regulating both the principles and methods of torture, which were carried out using various instruments. Although torture remained an integral part of the legal system for many years, opposition to confessions obtained through such means emerged relatively early. Advocates of legal humanitarianism criticized the outdated principles of substantive law and criminal procedure, highlighting the dangers of torture and its widespread abuses. They strongly demanded its abolition, as it was commonly practiced across Europe. After numerous legal reforms, the demands of Enlightenment thinkers were eventually realized.
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Affiliation: Utena University of Applied Sciences, Lithuania
ORCID: 0000-0002-3545-1448
LEGAL PROTECTION OF THE RIGHT TO CULTURAL HERITAGE
Key words: cultural heritage, cultural values, armed conflict, protection of cultural values, evacuation of cultural values.
Abstract
The work examines the legal protection of cultural values in the conditions of armed aggression of the Russian Federation. The enemy seeks to harm national cultural values, therefore, there is a need for legal protection of the latter in conditions of armed conflict. Such protection is regulated both at the international level and at the national level, because each state must take care of legal protection of cultural values by means of national law. In addition to the appropriate legal framework, the protection of cultural values in wartime requires significant resources and organizational support.
The work examines the legal protection of cultural values in the conditions of armed aggression of the Russian Federation. The enemy seeks to harm national cultural values, therefore, there is a need for legal protection of the latter in conditions of armed conflict. Such protection is regulated both at the international level and at the national level, because each state must take care of legal protection of cultural values by means of national law. In addition to the appropriate legal framework, the protection of cultural values in wartime requires significant resources and organizational support.
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Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0009-0008-1184-5398, 0009-0005-7176-9065, 0009-0009-8462-4999
AMENDMENTS TO THE LABOR CODE REGARDING THE CONTROL OF EMPLOYEE SOBRIETY
Key words: Labor Code, sobriety control, HSE, substances acting similarly to alcohol, GDPR, equality in the workplace.
Abstract
The amendment to the Labor Code, introduced in Poland, responds to the growing needs for ensuring safety and efficiency in workplaces by regulating the control of employee sobriety. A key aspect of the changes is the precise definition of conditions under which employers can conduct tests for the presence of alcohol or substances acting similarly to alcohol in an employee’s body. The amendment also extends the range of substances tested, including not only alcohol but also other psychoactive substances, reflecting changing social realities and risks associated with the use of various substances. Furthermore, it introduces clear guidelines regarding the methodology of conducting tests, including technical requirements for the devices used, and procedures for handling cases of detected employee intoxication. The amendment also emphasizes the importance of protecting personal data and the privacy of employees, adjusting regulations to GDPR standards. These changes aim not only to increase workplace safety but also to enhance employee accountability and ensure equal treatment. The amendment represents an important step towards harmonizing labor law with current social and technological challenges, while balancing between the need for safety and individual rights of employees.
The amendment to the Labor Code, introduced in Poland, responds to the growing needs for ensuring safety and efficiency in workplaces by regulating the control of employee sobriety. A key aspect of the changes is the precise definition of conditions under which employers can conduct tests for the presence of alcohol or substances acting similarly to alcohol in an employee’s body. The amendment also extends the range of substances tested, including not only alcohol but also other psychoactive substances, reflecting changing social realities and risks associated with the use of various substances. Furthermore, it introduces clear guidelines regarding the methodology of conducting tests, including technical requirements for the devices used, and procedures for handling cases of detected employee intoxication. The amendment also emphasizes the importance of protecting personal data and the privacy of employees, adjusting regulations to GDPR standards. These changes aim not only to increase workplace safety but also to enhance employee accountability and ensure equal treatment. The amendment represents an important step towards harmonizing labor law with current social and technological challenges, while balancing between the need for safety and individual rights of employees.
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Affiliation: Jan and Jędrzej Śniadecki University of Technology in Bydgoszcz
ORCID: 0000-0002-2566-3105
LEGAL AND CULTURAL IMPLICATIONS OF IMMIGRATION TO POLAND AND TO THE EUROPEAN UNION
Key words: migration, immigrant, refugee, multiculturalism, assimilation, segregation.
Abstract
Migration concerns both external and internal EU borders. With the European integration progressing, under the Schengen Agreement, many European countries abandoned internal border checks and allowed a free flow of people and capital. We observe
a phenomenon which involves illegal immigrants who have managed to enter one of the Schengen countries move all across the Area. As the migration crisis, which results in legal and cultural implications, shows, to solve that problem, one must approach it not only at the EU level but also as part of the legal orders of respective countries. In terms of law and culture, the respective countries will determine the directions for following the model of coexistence of immigrants and the host societies in practice
Migration concerns both external and internal EU borders. With the European integration progressing, under the Schengen Agreement, many European countries abandoned internal border checks and allowed a free flow of people and capital. We observe
a phenomenon which involves illegal immigrants who have managed to enter one of the Schengen countries move all across the Area. As the migration crisis, which results in legal and cultural implications, shows, to solve that problem, one must approach it not only at the EU level but also as part of the legal orders of respective countries. In terms of law and culture, the respective countries will determine the directions for following the model of coexistence of immigrants and the host societies in practice
Glosy
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Affiliation: University of the National Education Commission in Kraków
ORCID: 0000-0002-2886-4770
GLOSS TO TO THE DECISION OF THE SUPREME COURT OF NOVEMBER 28, 2024, I NSP 328/24
Key words: complaint about the length of proceedings, formal requirements for a complaint about the length of proceedings, rejection of a complaint about the length of proceedings
Abstract
The author questions the position expressed by the Supreme Court in the justification of the commented decision that the demand for monetary compensation to be granted to the complainant is not tantamount to a demand for a declaration of the excessive length of the proceedings in the case, pointing out that it is excessively formalistic and has no normative justification, and is in contradiction with the Strasbourg standards relating to the availability and effectiveness of a national remedy for the excessive length of proceedings.The author conducts comprehensive considerations relating to the requirement for the complainant to cite “a request for a declaration of excessive length of proceedings in the case to which the complaint relates”, referring to the views presented in the literature and case law, including unpublished ones
The author questions the position expressed by the Supreme Court in the justification of the commented decision that the demand for monetary compensation to be granted to the complainant is not tantamount to a demand for a declaration of the excessive length of the proceedings in the case, pointing out that it is excessively formalistic and has no normative justification, and is in contradiction with the Strasbourg standards relating to the availability and effectiveness of a national remedy for the excessive length of proceedings.The author conducts comprehensive considerations relating to the requirement for the complainant to cite “a request for a declaration of excessive length of proceedings in the case to which the complaint relates”, referring to the views presented in the literature and case law, including unpublished ones
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Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID:0009-0002-6465-2887
GLOSS ON THE JUDGMENT OF THE SUPREME COURT OF 10 JANUARY 2023, III USKP 154/21
Key words: zsuspension of pension rights, elected employment, termination of employment, mayor.
Abstract
The author addresses the current regulation regarding the combination of income from work with the receipt of social security benefits. They present the opinion of the Supreme Court in the judgment of January 10, 2023 (case no. III USKP 154/21) concerning the suspension of the right to a pension in the context of continued employment. The author refers to this judgment and expresses an approving stance. They also discuss issues related to the suspension of pensions in connection with the termination of an elected employment relationship, using the example of a mayor.
The author addresses the current regulation regarding the combination of income from work with the receipt of social security benefits. They present the opinion of the Supreme Court in the judgment of January 10, 2023 (case no. III USKP 154/21) concerning the suspension of the right to a pension in the context of continued employment. The author refers to this judgment and expresses an approving stance. They also discuss issues related to the suspension of pensions in connection with the termination of an elected employment relationship, using the example of a mayor.
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Affiliation: Institut e for Life, Environment, and Climate Sciences
ORCID: 0000-0003-4632-840X
COMMENTARY ON THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF GEORGIA V. RUSSIA (IV) OF APRIL 9, 2024, NO. 39611/18
Key words: ECHR, Georgia v. Russia (IV), border demarcation, human rights, ECHR, state liability
Abstract
This commentary addresses the judgment of the European Court of Human Rights in the case of Georgia v. Russia (IV) concerning the “borderization” of Abkhazia and South Ossetia. The author notes that the ECHR found systemic human rights violations by Russia, including violations of the right to life, personal liberty, and freedom of movement. The commentary emphasizes the significance of the judgment for Russia’s liability for violations committed prior to its withdrawal from the ECHR and its importance for international law.``
This commentary addresses the judgment of the European Court of Human Rights in the case of Georgia v. Russia (IV) concerning the “borderization” of Abkhazia and South Ossetia. The author notes that the ECHR found systemic human rights violations by Russia, including violations of the right to life, personal liberty, and freedom of movement. The commentary emphasizes the significance of the judgment for Russia’s liability for violations committed prior to its withdrawal from the ECHR and its importance for international law.``
Varia
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Affiliation: Kujawy and Pomorze University in Bydgoszcz
GOVERNOR’S ACTIVITY KUJAWSKO-POMORSKIE IN 2024
Key words: governor, government administration, local government, administrative reform 1998, crisis management, over local government, Michal Sztybel, kujawsko-pomorskie province, state policy, administrative coordination.
Abstract
The article aims to present the role and activities of the governor in the system of government administration. The paper discusses the evolution of the function of the provincial governor since the 11th century, taking into account his historical tasks, changes during the First Republic, the abolition of the office during the partitions and gradual transformations in the 20th century, up to the 1998 administrative reform. Particular attention is paid to the modern responsibilities of the governor, such as supervision of the composite administration, coordination of actions in emergency situations, and control of local government activities for compliance with the law. The publication also analyzes the specifics of the Kuyavian-Pomeranian province, its administrative structure, culture and key threats. An important part of the study is a discussion of the activities of Michal Sztybel, the governor of the Kuyavian-Pomeranian province, who actively cooperates with local government units, takes initiatives to improve the functioning of the administration, environmental protection and support for senior citizens. The role of the provincial governor as a key link, influencing the management of the province’s territory and the implementation of state policies in strategic areas of activity, is highlighted.
The article aims to present the role and activities of the governor in the system of government administration. The paper discusses the evolution of the function of the provincial governor since the 11th century, taking into account his historical tasks, changes during the First Republic, the abolition of the office during the partitions and gradual transformations in the 20th century, up to the 1998 administrative reform. Particular attention is paid to the modern responsibilities of the governor, such as supervision of the composite administration, coordination of actions in emergency situations, and control of local government activities for compliance with the law. The publication also analyzes the specifics of the Kuyavian-Pomeranian province, its administrative structure, culture and key threats. An important part of the study is a discussion of the activities of Michal Sztybel, the governor of the Kuyavian-Pomeranian province, who actively cooperates with local government units, takes initiatives to improve the functioning of the administration, environmental protection and support for senior citizens. The role of the provincial governor as a key link, influencing the management of the province’s territory and the implementation of state policies in strategic areas of activity, is highlighted.
