Review of TIMESHARE ACT. COMMENTARY

BEATA SAGAN, USTAWA O TIMESHARE. KOMENTARZ, WARSZAWA 2014, SS. 150

Author(s): Renata Świrgoń-Skok / Language(s): Polish / Issue: 15/2014

Keywords: Timeshare Act; commentary; contracts

The need to draw up Timeshare Act resulted from the necessity to implement the Directive of the European Parliament and the Council 2008/122/EC, dated 14.01.2009, on the protection of consumers in respect to certain aspects of timeshare, long-term holiday products, resale and exchange contracts. Timeshare means the right to use an object, predominantly real property, at specified, regularly recurring time intervals each year. In terms of its functions timesharing is linked with services of tourism industry. It is most frequently applied in order to acquire the right to use properties situated in locations attractive for tourists. This is the subject of the commentary reviewed here. The Author presented a synthetic discussion of issues linked with timeshare contracts as well as related agreements connected with long-term holiday products, resale brokerage and participation in resale system, particularly taking into account legal regulations protecting consumer as a weaker party in a legal relationship. Additionally presented, there are standard forms for the aforementioned contracts, including a template for terminating a timeshare agreement. The commentary was written in fine and precise legal language. It makes reference to the basic rules of the civil code, supplemented with judicial decisions. Opinions presented by the Author are not only based on legal source materials but also on extensive literature relevant to the subject. Notably, the right proportions were maintained between theoretical deliberations and the needs of trading practice. The reviewed commentary is undoubtedly an interesting publication, targeting not only tourism industry but also practicing lawyers and consumers.

STATEMENT OF OPPOSITION AGAINST EUROPEAN ORDER FOR PAYMENT AND THE ENTERING OF AN APPEARANCE. GLOSS TO THE COURT OF JUSTICE JUDGMENT OF 13 JUNE 2013

SPRZECIW OD EUROPEJSKIEGO NAKAZU ZAPŁATY A WDANIE SIĘ W SPÓR. GLOSA DO WYROKU EUROPEJSKIEGO TRYBUNAŁU SPRAWIEDLIWOŚCI Z DNIA 13 CZERWCA 2013 R.

Author(s): Anna Kościółek / Language(s): Polish / Issue: 15/2014

Keywords: gloss; statement of opposition; European order for payment; entering of an appearance

The subject of this paper is the analysis of the judgment of the Court of Justice (Third Chamber) of 13 June 2013 in the case C-144/12 Goldbet Sportwetten GmbH v Massimo Sperindeo. The case, in which the reviewed judgment was issued, concerns the interpretation of Article 6(1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 214 2006 creating a European order for payment procedure, which provides that, for the purposes of the application thereof, jurisdiction is to be determined in accordance with the relevant rules of Community law, in particular Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. More particularly, the question in this case is whether a statement of opposition entered against a European order for payment constitutes the entering of an appearance within the meaning of Article 24 of Regulation No 44/2001, and thus acceptance of the jurisdiction of the court responsible for the ordinary civil proceedings which follow the proce.

THE INSTITUTION OF THE SENIOR MARSHAL OF THE SENATE IN THE POLISH LEGAL ORDER

INSTYTUCJA MARSZAŁKA SENIORA SENATU W POLSKIM PORZĄDKU PRAWNYM

Author(s): Grzegorz Maroń / Language(s): Polish / Issue: 15/2014

The Senior Marshal is an honorable and ephemeral post in the Senate of the Republic of Poland. The given institution dates back to 1922 and the Senate in the Second Polish Republic. The Senior Marshal is the eldest Senator, and he is appointed by the President of the Republic of Poland. The competences of the Senior Marshall are limited to the first sitting of the Senate and aimed at complete constitution of this public authority. He receives the senatorial oath and conducts the election of the Marshal of the Senate. Both functions the Senior Marshall performs with assistance of the three secretaries of the first sitting called from among the youngest Senators. He also opens the first sitting of a newly elected Senate – which is accompanied by striking the Marshal’s mace three times against the floor – if the President is unable to carry out this act. The momentof taking the chair during the first sitting by newly elected Marshal of the Senate terminates the Senior Marshall parliamentary activity in a given term of office of the Senate.

CITIZENSHIP IN THE LIGHT OF ADMINISTRATIVE LAW

OBYWATELSTWO W ŚWIETLE PRAWA ADMINISTRACYJNEGO

Author(s): Paulina Ura / Language(s): Polish / Issue: 15/2014

Keywords: Citizenship; Polish citizenship; multiple citizenship; EU citizenship, rights and duties of citizens; stateless

Citizenship, which has been shown to be an institution of both international law and administrative law. In terms of nationality in international law is closely related to the law. Although no provision of law there is no definition of citizenship, its essence allows the formulation of the definition of doctrine. A citizen is an individual who is the subject of law, equipped with certain powers, freedoms and responsibilities. In the definitions emphasizes primarily legal bond between the citizen and the state. It is the bond that confer powers and duties of the citizen, as well as the state, which shapes the administrative and legal subjectivity of the citizen. The scope of this subjectivity allows while at present the status of the administrative-citizen. Obligations of the State shall appoint subjectivity of the citizen, and responsibilities of citizens in relation to the state resultin restrictions in the area of the subjectivity. Broadening the scope of legal subjectivity in relation to citizenship was through membership in the European Union. Citizenship of the Union, however is secondary and secondary to the nationality of a Member State, resulted in more rights (rights) of EU citizens. They can exercise the rights conferred on them by the Treaties and follow them. The union is required to provide a guarantee of compliance. Showing the general issues relating to citizenship, the definition of international solutions provided for in international conventions, obligations of the state and eventually citizenship of the Union draws attention to the complexity of the issue but also allows you to demonstrate a directrelationship between the possession of the nationality and the scope of the legal personality of individuals as subjects of rights.

SYSTEMIC MODEL OF THE POLITICAL RESPONSIBILITY OF THE GOVERNMENT IN THE III REPUBLIC OF FRENCE (LEGAL REGULATION AND POLITICAL PRACTICE)

USTROJOWY MODEL ODPOWIEDZIALNOŚCI POLITYCZNEJ RZĄDU W III REPUBLICE FRANCUSKIEJ (REGULACJA PRAWNA I PRAKTYKA USTROJOWA)

Author(s): Grzegorz Pastuszko / Language(s): Polish / Issue: 15/2014

Keywords: political responsibility of government; III Republic of France

The article includes the analysis of the legal rules regulating the mechanism of political responsibility of government in III Republic of France. It’s divided into two parts as a whole. In the first part a reader can find deliberations referring to the legal aspects of the analysed institution. They embrace both regulations included in the bill from 25 February 1875 of organization of public powers, and regulations involved in parliamentary standing orders. The second part involves description of the political practice, which put emphasis on the thread of constitutional relationships that got shaped in the III Republic within the frame of activity of organ legislative and executive power.

CONSTITUTIONALITY OF LEGAL REGULATIONS RELATING TO OPERATIONAL SURVEILLANCE

KONSTYTUCYJNOŚĆ PRZEPISÓW REGULUJĄCYCH KOMPETENCJE DO PROWADZENIA KONTROLI OPERACYJNEJ

Author(s): Alina Danilewicz / Language(s): Polish / Issue: 15/2014

Keywords: investigational procedures; operational surveillance; secret services; security; constitutionality

A major task of secret services and the police is to safeguard security of a nation and its citizens. Effective fulfillment of this task depends on how efficient are measures taken by these forces. Secret services and the police are competent to carry out investigational procedures which entail collecting and recording information and evidences in undercover way. The operational surveillance is one of the methods mentioned above. In the course of operational surveillance different measures can be taken and they can interfere with constitutional rights and duties of individuals. This article is an analysis of current legal regulations which empower secret services and the police to perform operational surveillance. It determines how constitutional are these regulations restricting basic civil rights and freedoms.

LIABILITY FOR DEBTOR'S DELAY – DE LEGE LATA AND DE LEGE FERENDA CONSIDERATIONS

LIABILITY FOR DEBTOR'S DELAY – DE LEGE LATA AND DE LEGE FERENDA CONSIDERATIONS

Author(s): Regina Hučková,Diana Treščáková / Language(s): English / Issue: 15/2014

Keywords: Liability for delay; debetor’s obligations

The goal of our work was to demonstrate the legal regulation of liability for debtor's delay in the light of de lege lata, and de lege ferenda considerations. Without the introduction of the recent status of the legal institution of this institution it was not possible to understand the issue of re-codification of the private law in Slovakia that affects mainly obligation relationships that are double regulated, in the commercial and in the civil code, as well. Besides the dualism, the splitting of legal regulation into several normative acts causes problems in application. Part of the issue is regulated in the Civil Code, part of the issue in the Commercial Code and part in separate legal regulations.

NOTIONS OF CRIMES STALKING (PERSISTENT PLAGUING)

POJĘCIA PRZESTĘPSTWA STALKINGU (UPORCZYWEGO NĘKANIA)

Author(s): Magdalena Teleszewska / Language(s): Polish / Issue: 15/2014

Keywords: stalking; persistent plaguing; crime

This article illustrates how the issue of persistent harassment has been terminated in the Polish criminal law. The directory was presented, which the offender has committed persistent harassment in relation to their victims. Were also shown the consequences of this action on the lives of victims (both in the realm of emotional and mental). The article was also presented the issue of criminal liability of the perpetrator, which roiled persistently their prey.

LEGAL DOKUMENTS HAVING THE FORCE OF LAW IN POLISH CONSTITUTIONAL LAW IN 1921–1947

AKTY PRAWNE Z MOCĄ USTAWY W POLSKIM PRAWIE KONSTYTUCYJNYM W LATACH 1921–1947

Author(s): Małgorzata Grzesik-Kulesza / Language(s): Polish / Issue: 15/2014

Keywords: legal documents having the force of law; delegated legislation; decree

Non-parliamentaly legal acts are part of a tradition of Polish constitutionalism and were treated differently in the various systems of Government. They existed in the Polish constitutional law during the period of the second Polish Republic, during World War II and immediately after its completion. During the preconstitutional legislation was delegated at the time of functioning of the makeshift Government after the recovery of the Polish State's independence in 1918 and it was theprimary instrument of lawmaking. Polish constitutions showed various forms of non-parliamentaly legal acts with the force of law and in a variety of ways laid down the scope and legal basis of their establishing. Only the March Constitution adopted in 1921 did not provided distinctly the acts of this kind.

THE NOTION OF PROPERTY IN A DEBATE BEFORE PASSING THE CONSTITUTION OF 17 MARCH 1921

POJĘCIE WŁASNOŚCI W DEBACIE PRZED UCHWALENIEM KONSTYTUCJI Z 17 MARCA 1921 R.

Author(s): Agnieszka Orzechowska / Language(s): Polish / Issue: 15/2014

Keywords: right to property, the March Constitution; drafts of constitution; expropriation; agricultural reform

The article discusses the problem of formulation of the right to property in the course of work over the March Constitution. The main axis of the article are considerations over models of property contained in drafts presented to the Legislative Sejm and conceptions submitted by political parties in a constitutional debate. The article describes conceptions of the right to property dividing them into three most important ones, which crystallized in the course of work over the March Constitution. The first one is connected with work of the government, accepts solutions relating to the Enlightenment thought, assumes inviolability of property and limited possibilities of expropriation. The second one, connected with peasant parties and W. Wakar's activity also refers to a liberal conception, however it accents the role of soil under cultivation as the „immemorial workshop of Polish work”. A model presented by peasant parties was in the first place secure execution of the agricultural reform. The third one presented by socialists, who proclaimed the need of nationalisation of the economy, aswell as securing interests of working people. They underlined that the state was aiming at new forms of production and social life, thus it should be exposed in formulas and constitutional institutions. The article also presents performance of the Constitutional Commission of the Legislative Sejm appointed to present the final draft. It analyses models of the right to property, which had the greatest influence on work of the Commission. It also presents basic opinions of political parties on a question of property presented during the debate of Sejm.

CONNECTION BETWEEN THE OBLIGATION TO ADVISE THE PARTIES IN LEGAL PROCEEDINGS OF WITNESS AND THEIR RIGHTS TO REFUSAL TO TESTIFY AND LEGAL PRINCIPLE NEMO SE IPSUM ACCUSARE TENETUR IN THE JUDICIAL DECISIONS OF THE SUPREME COURT

STOSOWANIE ZASADY NEMO SE IPSUM ACCUSARE TENETUR I OBOWIĄZKU INFORMOWANIA UCZESTNIKA POSTĘPOWANIA O OBOWIĄZKACH I UPRAWNIENIACH A PRAWNOKARNE SKUTKI POUCZENIA ŚWIADKA O PRAWIE DO ODMOWY SKŁADANIA ZEZNAŃ W ŚWIETLE ORZECZNICTWA SĄDU NAJWYŻSZEGO

Author(s): Anna Marcinkowska / Language(s): Polish / Issue: 15/2014

Keywords: criminal proceedings code; constitution; witness; accused; obligation to advise

The purpose of the article is to show the connection between the obligation to advise the parties in legal proceedings of their rights that result from the article 16 of the Criminal Proceedings Code and the right to refuse statements to protect themselves and the closest people against the accusation. In the elaboration there are discussed the practical aspects connected with the interrogatory of witnesses and accused and there is an attempt to systematize the existing judicial decisions.

THE SYSTEM OF LEGAL PROTECTION OF POLICE OFFICERS

SYSTEM OCHRONY PRAWNEJ FUNKCJONARIUSZY POLICJI W ŚWIETLE WYKONYWANYCH CZYNNOŚCI SŁUŻBOWYCH

Author(s): Paweł Łabuz,Mariusz Michalski / Language(s): Polish / Issue: 15/2014

Keywords: discharge of their duties, police; legal protection; public official; ethics officers

The intention of the following publication is to depict a very controversial issue whether the police officers are specially protected by law. It also illustrates how this protection affects the conducting of their daily duties. This article shows that by the way of the analysis of the legal structure of police protection it is necessary to remember about another aspect which is significant for the protection of both, the police and the public. It is the knowledge of the laws under which police officers perform their duties.

SELECTED ASPECTS OF THE HARMONIZATION OF THE VALUE ADDED TAX WITHIN THE EU

WYBRANE ASPEKTY HARMONIZACJI PODATKU OD WARTOŚCI DODANEJ W RAMACH UE

Author(s): Karin Prievozníková,Karolína Červená,Anna Románová / Language(s): Polish / Issue: 15/2014

Keywords: harmonization; value added tax

Selected aspect of VAT harmonization: The authors of the presented paper deal with harmonizing tendencies taking place in Europe since the 60s of last century, with an emphasis on value added tax. They sequentially outline the development of value added tax from the First Council Directive 67/227/EEC on the harmonization of legislation of Member States concerning turnover taxes, which obliged the Member States to replace their system of turnover taxes with commonsystem of value added tax. At the same time, the authors also pay attention to most important changes regarding this directive to its full replacement by the Council Directive 2006/112/EC on the common system of value added tax.

REPRESENTATIVE FOR AN ABSENT DEBTOR

KURATOR PROCESOWY DLA DŁUŻNIKA NIEZNANEGO Z MIEJSCA POBYTU

Author(s): Anna Kościółek / Language(s): Polish / Issue: 16/2015

Keywords: absent debtor; representative; obligation to undertake the burden of defending the rights of a represented person

The following article is devoted to the analysis of selected issues referring to the institution of a representative for an absent debtor. The study includes an overview of a number of requirements that must be fulfilled for a representative to be validly appointed, especially the concept of a place of residence and its unawareness with regard to a debtor, the need to defend the rights of a debtor of unknown residence and its source, i.e. the necessity to serve a procedural writ, substantiation of the fact that the place of residence of a debtor is not known, or the condition of an obligatory public announcement of the appointment of a representative. The analysis also concerns the basic duty of a representative appointed for an absent debtor, i.e. the obligation to undertake the burden of defending the rights of a represented person. Analysis of the duty incumbent upon a representative has not been reduced only to discuss the actions that have been found to fill the burden of defending the rights of the absent debtor, but it also includes remarks referring to the responsibility for possible damage caused as a result of non-performance or improper performance of the discussed obligation.

Contesting neoliberal governance. The case of Romanian Roma

Contesting neoliberal governance. The case of Romanian Roma

Author(s): Ionuţ-Marian Anghel / Language(s): English / Issue: 2/2015

Keywords: Neoliberalization; Roma; Minority Representation; Governance.

The article delineates the shifting forms of minority governance that took shape after 1989 in solving Roma related affairs and its ambiguous effects on the ground. I argue that, after 1989, the new social and public policies adopted a more neoliberal trend in solving Romani affairs through processes of decentralization, public-private partnerships and mobilization of civil society (Roma) organizations as key tools for empowering and social inclusion of Romani communities, abandoning old governmental programs focused on discipline, control and policing. However, as we will see in the Romanian case, these processes and policies had ambiguous effects and often have gone together with a diminishing of democratic accountability and control of Roma related affairs by state/public institutions and with the devolution of responsibilities to non-governmental and human rights organizations, Roma representatives from public institutions and communities themselves (see also van Baar 2011a).

Theoretical perspectives upon the return to work of cancer patients: The difficult path of integration in the organization

Theoretical perspectives upon the return to work of cancer patients: The difficult path of integration in the organization

Author(s): Radu-Ioan Popa / Language(s): English / Issue: 2/2015

Keywords: Cancer patients; Return to work; Integration.

The present article follows an in-depth analysis of several relevant articles and major findings concerning the return to work of cancer patients, in various situations, from a manager and patient point of view, putting into discussion the effects and consequences of different factors that may influence the well-being of the patient at work and impact the organizational life. The concepts of returning to work and integration are scarcely analysed throughout the scholarly literature in the case of employees diagnosed with cancer, due to several reasons presented in the paper: from the complex topic of investigation that many studies fail to approach in terms of confidentiality, technical, ethical and moral grounds to the specific and difficult apparatus for research in the case of an even more complex, multiple instances and personalized manifestation long-term illness. In conclusion, the general framework solicits for a more integrated model of research and future multi-facet schemes for interventions, considering that there is a general consensus focusing on the need for connecting the health services with the employee and employer level, alongside stakeholders' active participation.

Healthcare Policy in Romania. Frameworks and Challenges

Healthcare Policy in Romania. Frameworks and Challenges

Author(s): Călina Ana Buţiu / Language(s): English / Issue: 1/2016

Keywords: Healthcare system; Public health; Social exclusion; Social inclusion strategy.

The objective of the paper is to review some of the healthcare policy issues of Romania and identify those challenges which may be addressed through social intervention. Based on statistical data, documents, reports and applicable laws one will review the health condition of Romanian population and the state of the national health system, and will examine the broad strategies and policies currently under the scrutiny of appropriate ministries. The findings of the study suggest looking at health policies also through the lens of social inclusion.

Effectiveness of Counter-Trafficking Response in Albania

Effectiveness of Counter-Trafficking Response in Albania

Author(s): Merita H. Meçe / Language(s): English / Issue: 1/2016

Keywords: Human trafficking; Counter-trafficking response; Rights-based approach; Effectiveness; Gender violation of human rights.

Human trafficking is a new phenomenon of Albanian post-socialist society which significantly increased during the difficult years of its transformation from centralized state-led economy to market economy. Both economic and political instability contributed to its size, nature and multiple dynamics. Drawing on a rights-based approach to human trafficking, this paper examines the effectiveness of the counter-trafficking response of the Albanian government with a special emphasis on prevention, protection and prosecution. Using secondary data and reviewing various country strategic documents, it highlights a range of weaknesses and challenges which have hindered its effectiveness over years. It concludes that successful and effective counter-trafficking response requires well rounded and coordinated gender sensitive, victim-centred, holistic and human rights-based efforts. Combined with adequate law enforcement, they will sustainably tackle the full spectrum of this problem.

Research-based Reflections on How the Educational, Economic and Social Circumstances Faced by Some Children and Young People Can Lead to Significant Disadvantage and Vulnerability

Research-based Reflections on How the Educational, Economic and Social Circumstances Faced by Some Children and Young People Can Lead to Significant Disadvantage and Vulnerability

Author(s): Stanley Tucker,Dave Trotman / Language(s): English / Issue: 1/2016

Keywords: Children; Young People; Education; Disadvantage; Vulnerability; Human Rights.

The paper provides detailed reflections on the educational, economic and social circumstances that impact on the lives of many disadvantaged and vulnerable children and young people. Drawing largely on primary research data collected in Romania, Germany and the United Kingdom, three illustrative case studies are presented for consideration focusing on: life in residential care and youth offending institutions; experiences of educational vulnerability; and human trafficking. The methodological approach adopted across the research projects explored, was shaped by the demands and expectations of the United Nations Convention on the Rights of the Child (UNCRC). All of the reported data reflects the views of children and young people who were interviewed as part of three research projects. It is argued that the difficult and challenging circumstances that many children and young people find themselves in, place them at significant disadvantage and increased vulnerability in terms of their social and educational development and life chances.

Puterea politică în România. De la comunism la noul capitalism (1989-2014). [Political Power in Romania. From Communism to the New Capitalism (1989-2014)] by Iulian Stănescu

Puterea politică în România. De la comunism la noul capitalism (1989-2014). [Political Power in Romania. From Communism to the New Capitalism (1989-2014)] by Iulian Stănescu

Author(s): Ionuț-Marian Anghel / Language(s): English / Issue: 1/2016