ZAGADNIENIA ODPOWIEDZIALNOŚCI KARNEJ ZA UTRUDNIANIE WYKONYWANIA DZIAŁALNOŚCI ZWIĄZKOWEJ
ISSUES OF CRIMINAL LIABILITY FOR OBSTRUCTING TRADE UNION ACTIVITIES

Summary/Abstract: The study provides a dogmatic and legal analysis of the scope of criminal law protection againstobstruction of trade union activities. In Polish criminal law, obstructing the exercise of such activityis a crime punishable by a fine or restriction of liberty. In addition, some criminal procedural issuesconcerning this type of case are addressed, in particular the status of a trade union organisation incriminal proceedings. The analysis conducted leads to the conclusion that the current normativeregulations require amendments. In the author’s opinion, a good solution would be to make suchlegislative changes as a result of which the scope of penalisation would be limited. Some of thecriminal acts currently constituting offences should become misdemeanours, and the powers ofthe public accuser in misdemeanour cases should be vested in labour inspectors.

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