Postulaty de lege ferenda do nowelizacji konstytucji apostolskiej Vos estis lux mundi

Author(s): Dariusz Mazurkiewicz / Language(s): Polish Issue: 29/2022

On June 1, 2019, the apostolic constitution motu proprio of Pope Francis Vos estis lux mundi entered into force, which deals with the method of submitting notifications about broadly understood sexual crimes and regulates the responsibility of church superiors for acts consisting in actions or omissions aimed at disrupting or avoiding civil or canonical investigations against their subordinates, members of religious institutes and societies of apostolic life for crimes contra sextum committed against minors and their equated persons. These norms have been issued ad experimentum for a period of three years, and on this basis, in the territory of Poland alone, several church superiors have been punished so far. Currently, the Holy See has asked for comments to be submitted before a possible amendment to the act. In response to this call, this article presents possible directions for change. It’s concern the unification of material norms regarding clerical sexual offenses in all church legislation, clarification of procedural norms, especially when it comes to the right of the accused to defense, as well as changing the method of conducting preliminary investigations and introducing provisions aimed at greater transparency in the conduct of criminal administrative proceedings against accused persons. The postulated changes may contribute to the transformation of people guilty of neglect, to bringing justice to the fore and to remedying the scandal. They can also serve to increase the transparency of church criminal proceedings, which will protect the community of the People of God from accusations of covering up crimes contra minores.

Opieka biskupów chełmińskich nad katolikami Diecezji Pomezańskiej w Prusach Królewskich: synody i wizytacje

Author(s): Andrzej Piotrowski / Language(s): Polish Issue: 22/2021

The secularisation and top-down Protestantisation of the Teutonic state in the sixteenth century meant that only a part of the historic Pomesanien diocese remained with the faith of the Catholic Church, cared for by the Polish rulers within the boundaries of Royal Prussia. From 1601, the Apostolic See entrusted the pastoral care of this surviving „remnant” to the bishops of Chełmno (ger. Kulm), who were also bishops of Pomezanian. The rulers undertook a variety of measures to ensure that the faithful received appropriate pastoral care and a sense of security among their fellow inhabitants of other denominations, particularly thosefrom the Evangelical-Augsburg community. To this end, they convened synods for both dioceses, in order to order the life of the local church, using the guidelines appropriate for thewhole church province in Poland. As far as possible, canonical visitations of all parishes were carried out in order to ascertain the quality of life and the religious level of the diocesans.To ensure proper pastoral care, the diocesan ruler appointed an official for that area, who was given wide powers to oversee, on behalf of the bishop, the pastoral care and administration of that part of the diocese, which in time was called the „Offizialat Pomesanien” or the „Offizialat Marienburg”.In the period under discussion, the bishops were concerned with the development of the pastoral ministry in the diocese, the sacramental life, as well as educational and caring activities. They stressed the need for personal discipline and a high level of moral life of priests and church workers to set an example to the faithful. They emphasised that the clergy should celebrate the sacred liturgy and the sacraments with dignity, and that they should proclaim the living faith and pass it on to future generations.They took care of the material condition of the diocese, which suffered most severely during the wars of the 17th century, when churches were destroyed and desecrated, and furnishings became easy prey. They required that pastors strive to rebuild churches, for maintenance and necessary repairs and upkeep, so that temples and parsonage buildings were not wantonly led to destruction. In calmer years, when Pomesania was no longer a war zone,priests were encouraged to take proper care of the day-to-day upkeep of churches. They recommended keeping an eye on the temporal goods of the Church, thanks to which all church activities could be safely developed. They watched over the decent salary of priests and church workers, and at the same time did not allow lay people to be materially exploited.In 1772 Royal Prussia was annexed by the Kingdom of Prussia as part of the Prussian partition, and the ability of the Catholic Church to operate and minister freely was severely restricted by the Prussian authorities. As a last resort, to regulate the ecclesiastical order in the new geopolitical reality in the Kingdom of Prussia, Pope Pius VII in 1821 issued the bull De salute animarum. By virtue of that bull, the Catholic part of the diocese, i.e. the Pomezanian Officiate (decanates: Marienburg, Neuteich, Christburg, Stuhm, und Werder) was incorporated into the neighbouring Diocese of Ermland. In this way, the Pomesanien Diocese definitively ceased to exist on the map of the universal Church, although formally and legally it was never abolished.

Idealny czy sprawiedliwy sędzia?

Author(s): Stefan Ewertowski / Language(s): Polish Issue: 21/2020

Based on literature and the author’s own research, this article analyses what is expected of judges who carry out judicial functions in the Polish judicial system. It is a topical andsocially significant issue. To show the required personal qualities of a judge, this article presents issues that make it possible to take optimal judicial decisions. Such qualities include the knowledge of the law, experience and the wisdom of a judge. There is also the love of law and order, as well as judicial autonomy and independence. These conditions guarantee freedom of choice in the pursuit of justice. The author’s main conclusion is that legal regulations and institutional conditions of work are indispensable, but there is no substitute for personal qualities of a judge, that is their conscience and commitment to a fair trial to which every person has a right.

Единният механизъм за преструктуриране на кредитни институции

Author(s): Neli Madanska / Language(s): Bulgarian Issue: 3/2021

This article presents the principles, rules and main elements that constitute the centralized resolution mechanism for credit institutions in the Banking Union. The legal aspects are discussed from the perspective of the participating Member States and the most important challenges that National Resolution Authorities are facing in the course of close cooperation for the purposes of the resolution of failing banks.

Юридическа характеристика и последици на стажа като стажант-юрист по чл. 294 от Закона за съдебната власт

Author(s): Byliana Stoychovska / Language(s): Bulgarian Issue: 3/2021

There is a new Ordinance regulating licensing to practice law, effective 01.01.2020, issued in connection with the amendments and supplements of the Judiciary System Act as of August 2016. The article explains the legal characteristics of the internship under Article 294 of the Judiciary System Act, the standing of a legal intern and the legal consequences of the internship as a legal intern, its certifying, and it makes suggestions de lege ferenda as well.

Процесуална субституция

Author(s): Todor Kolarov / Language(s): Bulgarian Issue: 3/2021

The article analyses two concepts in Bulgarian law associated with the procedural substitution (for lack of a better term). One is the doctrinal position that in certain instances the prosecutor acts as a procedural substitute in civil proceedings. The other is thе judicial practice that treats the Commission for combating of corruption and confiscation of illegally acquired property as a procedural substitute of the state in the in rem asset confiscation proceedings. The article presents arguments that challenge both concepts.

Правомощия на полицейските органи да задържат граждани

Author(s): Vladimir Minchev / Language(s): Bulgarian Issue: 3/2021

The article analyzes the current problems in detaining citizens under the law on the Ministry of Interior. Foreign experience in police detention has also been studied and legislative amendments have been made. The case law of the ECHR on the issue is also analyzed.

Становище на Съюза на юристите в Бългaрия за последваща оценка на въздействието на Закона за кадастъра и имотния регистър и подзаконовата нормативна уредба, касаещи създаването, воденето и съхраняването на имотния регистър в Република България

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 3/2021

Историческо развитие на частната държавна собственост в българското законодателство (1878 - 1904)

Author(s): Pavel Ivanov / Language(s): Bulgarian Issue: 3/2021

The private state property is extremely important and topical issue in the Bulgarian law. On many issues concerning this type of property complete researches were not made. The coverage of this problem requires deep research and optimization of legislation, theory and practice. The analysis concerning the historical development of the private state property in the Bulgarian legislation is among the main tasks of the research. It provides opportunity for finding of correct and incorrect adopted solutions for issues similar with today’s legal relations.

Тълкувателно решение на ВКС по въпроси свързани с даването и предлагането на подкуп

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 3/2021

Conditions for lawful shooting down a civilian aircraft in light of Article 3bis (a) of the Chicago Convention

Author(s): Michał Byczyński / Language(s): English Issue: 1/2021

This study aims to review potential issues when applying Article 3bis (a) of the Chicago Convention. This provision sets a number of conditions that have to be fulfilled when using weapons against a civil aircraft in flight. The most controversial issue concerns the possible exception from the general prohibition of downing an aircraft pursuant to the UN Charter. There are some interpretative controversies linked to the possibility of invoking the right to self-defence by states (e.g., whether the state that is neutralizing the potentially rogue aircraft can act in anticipation of an armed attack) and these inaccuracies will be addressed by the author. All of these issues implicate the character of the prohibition enshrined in Article 3bis (a) as such and thus have a huge impact on states’ real abilities of protecting their people, for example in situations of terrorist threats.

Guarantee of marriage and family protection in the constitution of the republic of Poland. The comparative analysis of the basic law in selected member states of the European Union

Author(s): Patrycja Pańtak / Language(s): English Issue: 1/2021

The aim of this article is to present marriage and family protection in the light of Polish constitutional law. The Constitution of the Republic of Poland provides for this protection through a constitutional guarantee. The publication shall present aspects of marriage and family not only on the basis of the regulations of the Basic Law, but also in accordance with the Family and Guardianship Code. The discussion in this article focuses mainly on protection of the institution of marriage and family as the fundamental social unit. Furthermore, a comparative analysis of constitutional legislation including the Basic Law of the Republic of Italy and Spain in the field of marriage and family protection has been performed.

O wskrzeszeniu Rzeczypospolitej raz jeszcze. Problem restytucji państwa polskiego z perspektywy prawa międzynarodowego

Author(s): Jakub Wojas / Language(s): English,Polish Issue: 5/2022

The legal aspects of regaining independence by Poland in 1918 have been analysed many times in the literature on the subject. In the interwar period, the axis of one of the main disputes in the environment of Polish international lawyers was whether the Second Polish Republic could be treated as a new state or a continuation of the pre-partition state. Until today, a uniform position of the doctrine on this topic, which is also taken up in contemporary publications, has not crystallised. Both sides of the dispute, however, overlook many aspects related to the law of nations concerning the collapse and continuity of states, which has changed throughout history. The aim of this article is to re-analyse the partition and regaining independence by Poland against the background of norms of international law of the time. This will help to systematise the knowledge about the history of Poland and this part of Europe, to resolve a weighty dispute in the history of Polish doctrine of international law, and to point out important aspects related to the struggle of nations still trying to regain independence.

Problem statusu prawnego członków obwodowych komisji wyborczych jako funkcjonariuszy publicznych

Author(s): Radosław Zych / Language(s): English,Polish Issue: 5/2022

The purpose of this paper is to answer the question whether the members of precinct electoral commissions should be public officials. In this article, the author presents arguments for both an affirmative and a negative answer to this question. In the conducted research, the legal and historical method was used in order to show the legal regulations adopted during the Second Polish Republic. In addition, a linguistic and doctrinal method was used, in an effort to determine the wording of contemporary legal norms. The author hopes that the result of his research will prove valuable and useful for the purposes of further scientific discourse.

The Purpose of the Tax System that Gives Meaning and Legitimacy to Taxes

Author(s): José Luis Muñoz López / Language(s): English Issue: Sp. Issue/2022

The purpose of this article is to analyze the ultimate purpose of the tax system that gives meaning and legitimacy to taxation. The citizen thus becomes an integral part of the State, has the ability to elect its representatives through suffrage. The law is a guarantee of equality and justice that provides legal security, facilitating peace and coexistence. This guarantee is manifested through the constitutional system (Alvarado Plana, 2016: 193–195), where the Constitution (Escudero, 2012: 857–858) becomes the legislative framework and the supreme norm of the entire legal system that orders the coexistence of citizens and ensures the proper functioning of the State. The tax system is defined as a revenue collection tool to cover the needs of the State, but there is certainly more than that: to achieve the goal of equality, justice, freedom, peace and well-being of the society, but also to guarantee the sustainability of the system, achieve progress and social peace. It is also essential to attract investment, create wealth and achieve proper development within the European Union (Sampedro, 2010: 300–309). Methodology. The analysis includes the basic values and principles assumed by Spanish culture, the evolution towards a modern society in which the citizen has rights and duties enshrined in the Constitution that justifies and legitimizes tax system and therefore taxes and a critical vision and an approach to our tax model through its ultimate purpose to contribute to defray public spending. All of these based on the principles and values established in the Spanish Constitution, which enshrines the rights of the citizen and, through them, supports the conception of the State itself. It also provides a modern approach to the future of our society and guarantees the legitimacy of our tax system. The result of the research. The analysis shows that the ultimate goal of the tax system is to contribute to public spending by the State. Therefore, in the contribution and control of spending, we find the guarantee that the State has healthy public accounts (deficit reduction, less public debt, and strict control of spending), so that the State has greater sovereignty and economic decision-making capacity. It allows the country to meet the objectives of the Constitution for any advanced society, such as peace, equality, justice, freedom and well-being of its citizens.

Filozofia pokoju św. Augustyna

Author(s): Andrzej Sylwestrzak / Language(s): Polish Issue: 19/2018

The article introduces the analysis of the idea of peace in connection with the basic methodological assumptions of St. Augustine. It considers such aspects as the dialectics of war and peace, the principle of rational activity of human being and the society, the principle of peaceful Christian family and the principle of justice based on peace.The theory of hierarchy of the sources of law has been based on the the idea of peaceful development of the state and its society. The conclusions bring the discussion of the peaceful idea of freedom which is a condemnation of slavery and marks a passage to a new political formation based on universal freedom.

La Legge del 25 giugno 2015 sulla cura dell’infertilità in Polonia – Valutazione morale

Author(s): Michał Cherubin / Language(s): Italian Issue: 18/2017

Right to life is a fundamental right which stems from human dignity. The article presents legal situation of an embryo on pre-implantation phase in the Polish public order. The article highlights the constitutional values protecting human life (paragraph 30 and 38 of the Constitution of the Republic of Poland). Life in prenatal phase is a constitutional value in Polishjurisprudence (Adjudication of Polish Constitutional Court on 28th May 1997). The act of law passed on 25th June 2015 does not protect in sufficient way the embryo which comes into being during an in-vitro procedure. The law on infertility treatment which allows medically assisted fertilization (also heterologous), selection of embryos, embryo and gamete freezing may be recognise only as injustice from the moral point of view.

Spór o dowody z kontroli operacyjnej w procesie karnym – gwarancyjny charakter art. 168b k.p.k w świetle konstytucyjnych praw i wolności

Author(s): Justyna Jarocka / Language(s): Polish Issue: 2/2021

W artykule podjęto próbę ukazania przykładu spornych regulacji prawnych przyjętych na gruncie Kodeksu postępowania karnego (t.j. Dz. U. z 2021 r. poz. 534) – treści art. 168b k.p.k – regulującego kwestię wykorzystania dowodów pochodzących z kontroli operacyjnej w polskim postępowaniu karnym. W pierwszej kolejności omówione zostaną podstawowe aspekty prawne i definicyjne kontroli operacyjnej oraz geneza art. 168b w Kodeksie postępowania karnego. W drugiej części artykułu zostaną przytoczone wybrane poglądy doktryny, jak i orzecznictwo Europejskiego Trybunału Praw Człowieka, Trybunału Konstytucyjnego oraz polskich sądów, które czynią za punkt rozważań wykładnię treści normatywnej art. 168b k.p.k.

Evolution of Polish Building Law 1928–1939 as an Example of Spatial Policy Development

Author(s): Michał Domińczak / Language(s): English Issue: 2/2021

The text is devoted to the evolution of construction law in the period of the Second Polish Republic as one of the tools of the broadly understood policy of the State. The basic research problem is the rationalization of regulations and their functioning in the legal system. The analysis allowed us to formulate research conclusions. The policy regarding construction law and spatial development in the Second Polish Republic was subordinated to the overarching goals, i.e. the unification of regulations in the country and building the image of a strong state by organizing space. In terms of specific objectives, the evolution of the law was aimed at rationally increasing the amount of affordable housing, strengthening co-responsibility of private entities for spatial development, smart management of available resources, and intensive support for new housing.

GEOPOLITYCZNE KONSEKWENCJE REALIZACJI PAKIETU „FIT FOR 55” W FILARZE GRUNTÓW

Author(s): Marcin Olejnik / Language(s): English Issue: 41/2022

The purpose of this article is to explain the consequences of implementing one of the European Commission's successive proposals aimed at reducing emissions and increasing removals of greenhouse gases on agricultural and forest land. According to calculations based on estimates of emissions and removals adopted by the EC, the introduction of the proposed measures will result in some countries being unable to meet stringent climate targets. Pointing to the limited possibilities to increase sequestration and reduce CO₂ emissions, the author concludes that the so-called climate battle is doomed to failure. Since the actual climate impact of climate policy is negligible, the author proposes to adjust the European Commission's ambitious targets for individual countries by applying a special coefficient. This would reduce the negative effects that climate policy brings to the economy, food security and social security.