Wybrane aspekty ochrony zabytków w kontekście działalności Międzyuczelnianego Instytutu Konserwacji i Restauracji Dzieł Sztuki na rzecz ochrony, konserwacji i zabezpieczania dzieł sztuki oraz zabytków i obiektów zabytkowych

Author(s): Andrzej Koss,Monika Wyszomirska,Piotr Zambrzycki / Language(s): Polish Issue: 2/2023

The purpose of this article is to discuss selected issues concerning ways of protecting monuments and securing cultural heritage, taking into account the special place occupied by the Inter-Academy Institute of Conservation and Restoration of Works of Art on the Polish and world “map” of conservation. This Institute not only has the best equipment and high-class conservators, but also has a Conservation Emergency Room, which is a unique mobile laboratory equipped with equipment and apparatus based on the latest technologies. This publication discusses selected issues related to the protection of monuments in the context of both the existing legal regulations, the activities of the Conservation Institute, and the extensive cooperation of state authorities, scientific institutions, various types of organizations and Formations, with particular emphasis on the State Fire Service.

PRAVO NA OBRAZOVANJE U CRNOJ GORI U ZAKONSKOJ REGULATIVI I PRAKSI

Author(s): Marija Barjaktarović / Language(s): Bosnian,Croatian,Serbian,Montenegrine Issue: 8/2023

The right of individuals to education is a universal human right, and therefore a universal child's right. In international law, children are recognized as a particularly sensitive and specific category for whose protection human rights protection mechanisms are not sufficient. That is why there was a need to protect children's rights by international regulations. The fact that education represents a category of public interest obliges the state to accept and respect international regulations in this area and their implementation in domestic legislation. Today, the question of whether a country has laws guaranteeing a child's right to education is almost unheard of. Children's rights are a fact, a reality recognized by international law, and the Convention on the Rights of the Child, the most important international document in the field of the protection of children's rights, was signed and ratified by 196 countries of the world. By adopting the Convention, states have shown their willingness to take responsibility for the upbringing and well-being of children by adopting and implementing various measures and laws. Most of the signatory countries already in their Constitutions guarantee children the right to special protection and education and have all the necessary legal regulations. In this paper, I will analyze the legal regulations in the field of the right to education in Montenegro and try to determine whether it sufficiently enables the realization of the right to education, whether it enables the realization of the right to education of children from vulnerable categories of the population (children with special educational needs, children from the Roma community, etc.), to what extent is it binding for parents and guardians, how much is it respected in practice and what do educators think about the legal regulations in the field of education in Montenegro.

Weto w ustroju szwajcarskim i liechtensteińskim jako konstytucyjne prawo suwerena

Author(s): Marcin Łukaszewski / Language(s): Polish Issue: 82/2023

The article is devoted to the place of the sovereign’s veto in the constitutional systems of Switzerland and Liechtenstein in relation to the position of each within the system. Due to the very unique constitutional structure of Switzerland (a special role of the parliament, a wide catalog and high frequency of using direct democracy tools) and Liechtenstein (sovereign defined in two entities – the prince and the nation; the exceptionally strong position of the head of state, who has the right to veto both laws adopted by the parliament and motions in referendums), attempts were made to analyze the political position of sovereigns in both countries, relying solely on the right to block legal acts adopted by the parliament (refusal to sign the law by the prince in Liechtenstein and people’s veto in both countries).

Considerații teoretice și practice cu privire la concediul de odihnă acordat salariatelor care urmează o procedură de fertilizare in vitro

Author(s): Eduard Traian Nicolau,Marilena Nicoleta Balabuti / Language(s): Romanian Issue: 2/2023

The rest leave granted to employees undergoing an „in vitro” fertilisation procedure was introduced by Emergency Ordinance No 26/2019 amending and supplementing certain legislative acts published in the Official Gazette, Part I, No 309 of 19 April 2019. Although it represents a right and its regulation is found in Law no. 53/2003 - Labour Code republished, with subsequent amendments and additions, the practical situations that an employer and his employee undergoing a fertilization procedure may face, do not find legislative solutions in the reference normative texts.

Udział organizacji pozarządowych w postępowaniach sądowych na przykładzie ochrony praw migrantów w Polsce

Author(s): Alicja Kononowicz / Language(s): Polish Issue: 1/2022

The article discusses the problem of participation of non-governmental organizations in court proceedings. It is presented on the example of proceedings for the protection of migrants’ rights in Poland. The aim of the paper is to check whether the participation of NGOs affects the way in which proceedings of a strategic litigation are conducted. The text describes what strategic litigation is and what kind of activities can be undertaken by NGOs in the proceedings. This is illustrated by example proceedings, such as the case of Bistiev and others vs. Poland, the case of collective expulsion of foreigners from Chechnya and Tajikistan, the case of Azar Orujov vs. Poland and the case of Adam Mamilov. Reading the article allows us to see the importance of the participation of NGOs in efforts to improve the protection of migrants’ rights.

Modele wyboru głowy państwa na przykładzie Republiki Federalnej Niemiec, Republiki Włoskiej oraz Rzeczypospolitej Polskiej

Author(s): Wiktor Żochowski / Language(s): Polish Issue: 1/2022

The president has a peculiar, somewhat unclear function in the Polish legal system. Despite being elected by common vote, which should give him significant authority, the Polish president does not hold important prerogatives. The main goal of the article is the analysis of different head of the state models, best exemplified by the Federal Republic of Germany and the Republic of Italy, and a major aspect of the presidency — the significance vested in the fact of being elected. The analysis leads the author to postulate introducing gradual changes in regulations pertaining to the office of president in the Polish Constitution modelled on of the German Basic Law and Constitution of Italy.

Sesiunea anuală de comunicări științifice „Dreptul și societatea în tranziție” (20 aprilie 2023, București)

Author(s): Radu Stancu / Language(s): Romanian Issue: 2/2023

Pe data de 20 aprilie 2023 au avut loc la sediul Institutului de Cercetări Juridice „Acad. Andrei Rădulescu” („ICJ”) al Academiei Române – Casa Academiei Române din București, sesiunea anuală de comunicări științifice.

CENOWE POROZUMIENIA OGRANICZAJĄCE KONKURENCJĘ. RÓŻNORODNOŚĆ ORZECZEŃ. CASE STUDIES: KARTEL CEMENTOWY, KARTEL DROŻDŻOWY VERSUS SPRAWA SFINKS

Author(s): Monika Bychowska / Language(s): Polish Issue: 4/2022

Forbidden price agreements are one of the most serious violations of competition law. However, even such agreements are subject to relativization in terms of their market effects. Those price agreements, which are evidently easier to detect, at the same time less degrade the relevant market. The task of each competition protection authority is to effectively enforce competition law, which means that it is obliged to deal with the most important cases that may - in the absence of the authority’s intervention - lead to irreversible effects on competition.

Wielka Zapora Odrodzenia Etiopii – zarys problemu

Author(s): Barbara Mielnik / Language(s): Polish Issue: 1/2021

In the Nile basin, there has been a conflict between Ethiopia, Egypt and Sudan over the construction of Grand Ethiopian Renaissance Dam (GERD) by Ethiopia. Egypt and Sudan, relying on the alleged historical title to the waters of the entire Nile, are demanding that this project be abandoned, eventually threatening to take military action. For Ethiopia, the construction of this installation is an opportunity for development, as it will contribute to the country’s energy independence and improve the possibility of irrigating farmland. Since 2011, when the announced commencement of the implementation of the plans has been announced, talks between states, supported by third states (even great powers) and international organizations, have been ongoing. So far, no agreement has been reached, although the 2015 Declaration has offered some chance for a peaceful solution. Unfortunately, countries have moved away from it, preferring the less friendly ways of resolving this dispute.In fact, there may be several solutions to the present situation. The first of the most dangerous is an armed conflict; the second is finding an agreement that guarantees the rights of all riparian states; the third is to maintain the status quo, in which no one trusts anyone, states take action on their own, which in turn may lead to the degradation of the Nile. It is also worth noting that none of the conflict states takes into account the environmental effects of the work carried out, or the possible climate changes, leading to extreme phenomena such as periods of very high rainfall and subsequent long periods of drought. The interests and needs of all river basin states are equally important and they all have the right to use the river safely on equal terms, without infringing the rights of their neighbours.Ethiopia has the right to use the waters of the Blue Nile, but under international law, this should not lead to permanent damage to Egypt and Sudan. The question to which we do not know the answer is whether it is possible at all, having in mind the expectations of the lower basin states.

ZABEZPIECZENIE INTERESÓW FIRMY W UMOWACH HANDLOWYCH Z KONTRAHENTAMI W CZASIE KRYZYSU

Author(s): Sławomir Obszyński,Natalia Korab,Sławomir Żurawski / Language(s): Polish Issue: 1/2023

The cornerstone of any company’s operation is ensuring its security. One of the most important tasks is to maintain financial security. The main purpose of the article was to indicate the differences in the level of financial security with counterparties with the introduction of appropriate provisions in contracts in this area and with the absence of such provisions and disorderly operation of the company in this area. In the first part, the authors describe the basics of the contract with counterparties. Then they characterize the basic contractual clauses, pointing out their important role in international contracts. The main part presents clauses protecting the company’s interests in commercial contracts with counterparties in times of heightened risk. In conclusion, it was noted that the absence of force majeure provisions in commercial contracts can have serious consequences for both parties. The main research problem was formulated: How should a company secure its finances in contracts when executing long-term contracts, during a crisis? What risks are incurred when such safeguards are not applied? The following hypothesis was adopted: the contract entered into should reflect the assumptions of both parties as best as possible and provide for solutions to most potentially contentious issues. Failure to include safeguard clauses in the contract can bring serious consequences for the future of both contracting parties. Verifi cation of the above hypothesis and obtaining answers to the above questions required the use of qualitative methods including critical analysis of legal acts, documents and selected items of literature on the subject.

ÎNTRE PROTECŢIE ŞI PROIECŢIE – COMBATEREA VIOLENŢEI DOMESTICE PRIN INSTRUMENTUL JURIDIC AL ORDINULUI DE PROTECŢIE

Author(s): Alexandra Creţu / Language(s): Romanian Issue: 06/2023

This paper highlights the evolution of the phenomenon of domestic violence, a phenomenon that affects women in special. The scale of gravity of this phenomenon is given by the large number of calls and complaints registered by the police. Currently, a big step was made in fighting against domestic violence by the fact that the electronic bracelets were implemented as protection for the victims of domestic violence.

Organizacija, zadaci i rad narodnih okružnih sudova u Hrvatskoj 1945.

Author(s): Martina Grahek Ravančić / Language(s): Croatian Issue: 2/2023

This paper analyzes the establishment, tasks, and operations of people’s district courts in Croatia in the aftermath of the World War II. Their activities are examined within the context of the circumstances surrounding the creation of the legal-normative framework of the new state. The functioning of these courts reflects the importance of the new legal system, authority, and legality of the new political and social order. People’s district courts in the course of their work had to cooperate with other authorities, primarily public prosecutors, OZN (Department for People’s Protection), and others. Therefore, the research of the people’s district courts’ activities also provides an insight into the operations of related institutions in post-war Croatia.

Realizacja czynnego i biernego prawa wyborczego w wyborach do parlamentu w państwach byłej Jugosławii. Ujęcie prawnoporównawcze

Author(s): Marcin Hamielec / Language(s): Polish Issue: 1/2023

This article is a comparison of current electoral legislation on active and passive suffrage in parliamentary elections in the countries of the former Yugoslavia (Bosnia and Herzegovina, Croatia, Montenegro, Northern Macedonia, Serbia and Slovenia). Furthermore, the article verifies two research hypotheses. It was verified whether these countries show significant differences with respect to each other in the aforementioned scope, taking into account the fact that they were recently part of the one legal system. It was also examined whether the regulations implementing the active and passive suffrage in the relevant states can be considered as compatible with the democratic principle of universal suffrage. The analysis of relevant constitutional and statutory provisions allowed answering such questions. Both hypotheses were verified negatively. It turns out that in the states of former Yugoslavia there are significant differences in the scope of realization of active and passive suffrage in parliamentary elections. However, only the electoral provisions of Croatia, Serbia and Slovenia fully comply with the principle of universal suffrage.

Odwołanie od decyzji konsula RP w sprawach wizowych – podstawy właściwości rzeczowej sądów administracyjnych na tle orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej i Naczelnego Sądu Administracyjnego

Author(s): Michał Gubernat / Language(s): Polish Issue: 1/2023

The article is the result of an analysis of the Polish and European legal order in the field of visas and the possibility of appealing against refusals issued by visa authorities, especially by the consul of the Republic of Poland. The author takes a closer look at the regulations of consular law existing until recently, repealed as a result of doubts about their constitutionality, confirmed by the Constitutional Court, and also raises the issue of the distinctiveness of proceedings before the consul of the Republic of Poland being the subject of the Act of 25 June 2015 – Consular Law. Along with pointing out the distinctiveness of proceedings before the consul, the author draws attention to the norm prejudging the exclusion of the application of the Code of Administrative Procedure “in cases belonging to the jurisdiction of Polish diplomatic representations and consular offices” (art. 3 § 2 pkt 4 k.p.a.) and to the norm contained in art. 5 pkt 4 of the Act of 30 August 2002. Law on Proceedings before Administrative Courts (PPSA), referring directly to the lack of jurisdiction of administrative courts in cases concerning previously all visas issued by the minister in charge of foreign affairs or consuls, and now only national visas for most purposes for which such can be issued. The author also takes a closer look at the content of the decision of the Supreme Administrative Court (NSA) II OSK 1346/16 and the judgment of the CJEU in response to the preliminary question in the Soufianne El Hassani case, which together led to a reflection on the primacy of the application of European law and the guarantees contained therein, which cannot be restricted by the law of a Member State, and ultimately became the catalyst for changes in the PPSA allowing an appeal against a refusal decision of a Polish consul to an administrative court. In the conclusion following the analysis of judgment of the CJEU C-949/19, which confirmed the jurisdiction of administrative courts over certain national visas, the author made de lege ferenda comments.

Prawo właściwe dla zawarcia małżeństwa w polsko-ukraińskiej umowie o pomocy prawnej i stosunkach prawnych w sprawach cywilnych i karnych

Author(s): Wojciech Popiołek / Language(s): Polish Issue: 32/2023

The law applicable to marriage between Polish and Ukrainian nationals is set out in the 1993 Agreement between the Republic of Poland and Ukraine concerning legal aid. The Agreement stipulates that a marriage can be contracted if the prerequisites provided for in the prospective spouses’ national laws are satisfied-determined separately for each of them. The Agreement concerns only marriages between Polish and Ukrainian citizens and does not apply to stateless persons. The form of marriage is governed by the law of the state where the marriage was celebrated. The article discusses some issues concerning the prerequisites and scope of application of these regulations, taking into account the differences between the Polish and Ukrainian family law. These differences concern mainly the form of marriage (Ukrainian law does not provide for a religious form and does not allow the marriage by proxy) and some obstacles to marriage (in Ukrainian law the invalidity of marriage results, inter alia, if the marriage in question constitutes a sham or if there occurred a misrepresentation as to the health of a prospective spouse). The reader’s attention is also drawn to a specific ordre public exception contained in Article 58, paragraph 1 of the Ukrainian Law on Private International Law, according to which a marriage between a Ukrainian national and a foreigner concluded under foreign law outside the territory of Ukraine is valid in Ukraine provided that the Ukrainian national complies with the provisions of the Family Code of Ukraine concerning the grounds invalidating the marriage. However, this provision will not apply if Polish law is appicable on the basis of the provisions of the Agreement. The paper also touches upon the Ukrainian law to the extent it contains a residua regulation concerning engagement. Under this regulation, the person who refuses to marry despite an earlier engagement must reimburse the other party for the costs incurred in connection with the preparation for the registration of the marriage and the wedding. The study also draws attention to some practical aspects of marriage conclusion — in Poland by a Ukrainian citizen (Ukrainian law does not provide for the possibility of issuing a certificate of capacity to marry) and in Ukraine by a Polish citizen.

Pomoc adwokatów Ukraińcom przybywającym do Polski

Author(s): Anastasiia Kovalchuk / Language(s): Polish Issue: 32/2023

The author aims to present the possibilities of helping Ukrainian citizens from the practical side, as based on author’s own professional experience. To that effect, the paper considers various legal issues faced daily by Ukrainians who came to Poland after the outbreak of the war in Ukraine. The purpose of the article is also to study the changes in Polish legislation that were introduced to simplify the possibility of regulating the legal situation of Ukrainian citizens residing in Poland. The work touches upon the issue of legalizing the stay of Ukrainians on the territory of the Republic of Poland, the care and guardianship of minor children coming from Ukraine, the transfer of economic activity from Ukraine to Poland, as well as the issue of marriage conclusion by Ukrainians in Poland.

Radca prawny jako obrońca zasady praworządności oraz praw podstawowych

Author(s): Adam Bodnar / Language(s): Polish Issue: 1/2023

Sprawozdanie z 3. Ogólnopolskiej Konferencji Naukowej pt. „Ochrona praw przedsiębiorcy” (26 kwietnia 2023 r., Białystok)

Author(s): Karolina Zapolska / Language(s): Polish Issue: 1/2023

Inkongruencja polskiego ustawodawstwa z prawem europejskim w świetle najnowszego orzecznictwa TSUE, SN i TK

Author(s): Wiktor Żochowski / Language(s): Polish Issue: 42 (1)/2023

This study talks about a collision between Polish legislation and European law by analysing the latest case law of the Polish Supreme Court, the Court of Justice of the European Union and the Polish Constitutional Tribunal. The aim of this study is to investigate the consequences of conflicting judgments, both from the current perspective and in view of the future. This discussion constitutes a basis for reflecting whether the correct exercise of the right to a fair trial may be considered in the case of a contradiction between two legal orders applicable to a citizen. The author analyses this subject matter against judgments of European tribunals and Polish courts, using the available literature and commentaries and investigating the law in force. The methodology of the work consisting in confronting judgments that present divergent positions with the simultaneous presentation of scholarly opinions will allow the author to scrutinize the impact of the presented facts on the correct exercise of the right to a fair trial.

Právo na vyjadrenie ako nový prostriedok v právnom poriadku Slovenskej republiky

Author(s): Adam Solga / Language(s): Slovak Issue: 1-2/2023

In August 2022, two new media laws came into effect in Slovakia. This fundamental change brought, among other things, the extension of the scope of media legislation to new entities, but it also brought the abolition of two legal remedies – the right to make corrections and the right to reply. They were replaced by the right to express themselves as a new legal remedy.