Avvocatura dello Stato – Rzecznik Generalny ds. ochrony praw i interesów państwa. Bezpieczeństwo ochrony praw i interesów państwa włoskiego.

Author(s): Bronisław Sitek / Language(s): Polish Issue: 4/2015

Avvocatura dello Stato – The Attorney General for the protection of rights and interests of the state. Security of protection of the rights and interests of the Italian State The legal and institutional system of protection of the legal rights and interests existed on the Italian Peninsula before the Italian unification. The current system is based on the Royal Decree no 1611 from the year 1933. This decree was repeatedly amended and supplemented with the subsequent acts. The Advocate General is appointed by Presidential Decree. The Office’s headquarter is located in Rome. There are 25 District Avvocatures located in cities where the courts of appeal are seated. The Advocate General is the central authority of the state, not having constitutional legitimacy. The state lawyers, prosecutors and administrative staff are employed in this office. The main task of the Advocate General is to protect the rights and interests of public administrations and entities performing the tasks of the public sector. There are: local self-governments, professional self-governments and other bodies. The state lawyers have a legal power of attorney – ex lege – to represent these entities in civil proceedings in front of the general and arbitration courts and other judicial authorities. In addition, the Advocate General may provide legal advice for the public administration authorities and post legal opinions for them.

Organizacja instytucji Adwokata Ludu w Rumunii.

Author(s): Viktoriya Serzhanova / Language(s): Polish Issue: 4/2015

Proper internal organization of a state authority and its office, constructed on the basis of the rules and criteria elaborated by the theorists who make research in this field, is sometimes extremely important for a contemporary state. It is particularly significant in the context of the effectiveness in the activity of the state’s system of authorities, because their organization directly influences the level of their effectiveness. The paper aims at analyzing the organization of the institution of the Romanian Ombudsman called ‘the Advocate of the People’ from the perspective of the rules related to the internal structure of a state authority and its office, as well as its estimation in the context of the effectiveness of the Ombudsman’s activity. The Advocate of the People is a single supreme state authority acting on the central level. It is independent, autonomous and neutral in relations with other state organs. It possesses special legal status which enables it to maintain the above mentioned attributes. It acts with the aid of its deputies, and moreover it is assisted by its office (bureau) being its auxiliary structure, as well as the local offices headed by so-called ‘local Ombudsmen’. The subject of the paper is the role which the Ombudsman and his deputies play in the institution’s activity, the procedure of the deputies’ appointment, their status and competences. The subject also comprises the detailed analysis of the principles of organization of the whole institution, as well as its internal structural units.

Błąd co do treści czynności prawnej w stosunkach pracy.

Author(s): Katarzyna Bomba / Language(s): Polish Issue: 4/2015

The author raises the issue of the legal consequences of a declaration of intent made in error in labour relations. She considers the existence of a legal loophole in labour law to justify reference to the provisions of civil law and various proposals for the proper application of Art. 84–88 of the Civil Code, ranging from exclusion applicability of the provisions of civil law on the defects of the declaration of intent to labour relations, the admission of the application of those provisions with the various modifications, or the application of the provisions of the deficiencies of the declaration of intent directly, so without making any changes. The author also considers the legal consequences of the application of Art. 84–88 of the Civil Code to labour relations, in particular, on the one hand, the effects of the cancellation of legal action extunc in the situation where the work was already done on the basis of an annulled contract and, on the other hand, if the contract was annulled before the employee started work. She also presents the legal structure of the error in declarations of intent and discusses the most frequent causes of errors in declarations of intent in labour relations.

Self-Government Boards of Appeal.

Author(s): Agnieszka Korzeniowska-Polak / Language(s): English Issue: 4/2015

The purpose of local self-government in Poland, which was reactivated in 1990, was to address the needs of the entire local community. Newly created commune authorities were also made competent to handle individual matters by means of administrative decisions. It became necessary to make the idea of the communes' independence and sovereignty go in line with the underlying standard of administrative proceedings, which is the parties' right to have their matter examined twice as to its substance. Simultaneously with local self-government, boards of appeal were created at self-government parliaments, which were meant to safeguard real protection of entities whose matters were handled in an authoritarian, unilateral manner by the commune authorities. The boards of appeal were modified by subsequent legal regulations and have been operating until the present day, though in 1994 they were renamed as self-government boards of appeal. In this study the evolution of these bodies is presented and their linkage to local self-government is explained.

Ownership transformation processes in Poland between 1989 and 2014 – Selected issues.

Author(s): Beata Pachuca-Smulska / Language(s): Polish Issue: 4/2015

The article is a legal analysis of regulations dealing with ownership transformation in Poland in the period 1990-2014. The paper makes reference to the social and economic conditions at the time, which influenced the character of the first regulation for state-owned enterprises and subsequent evolution of the Polish legal framework for ownership transformations. The author highlights frequent changes to the laws which resulted from the need to reach privatizations goals as set by the Minister of the State Treasury.

Hybrydowa procedura sprawdzeń osób i firm.

Author(s): Grzegorz Winogrodzki / Language(s): Polish Issue: 4/2015

The article contains a hybrid structure of checking worked out on the basis of existing solutions: verifications for granting access to classified information and procedures for issuing an industrial security clearance before companies will start to work with foreigners. The hybrid structure of checking illustrates that cooperation of appropriate government agencies with NGOs could give Poland tangible benefits on many fields. But it can be achieved only when there will be no interference to their scope of duties. It is shown that the application of best practices and makes the necessary corrections to errors, will introduce a state of better security against criminal groups.

Historia ochrony prawnych interesów Skarbu Państwa w Polsce.

Author(s): Bronisław Sitek / Language(s): Polish Issue: 3/2015

Poland has its own contribute to the development of European parliamentarism and constitutionalism. The State Treasury Sollicitor’s office is one the institutions in a democratic country, whose mission is representation of Poland before the national and international courts and tribunals. However, the first litigation body was The Sollicitors’ Office of the Polish Kingdom, established under the Tsarist law in 1816. Its political system followed the Austrian solutions. The scope of competences of that Sollicitor’s Office was based on the competence model of similar institution from the times of ancient Rome – advocatus fisci. The Sollicitor’s Office of the Republic of Poland was established in 1919 which was subordinated to the Ministry of Treasury. After the II World War existence of the Sollicitors Office was continued until 1951. After 1989, the idea of restoring Sollitors’ Office came back. In 2005, the bill was passed on base of which The State Treasury Solicitors Office began to function from the 15th March 2006.

European policy on the development of Small and Medium-sized enterprises from the perspective of the Executive Agency for Small and Medium-sized Enterprises.

Author(s): Magdalena Sitek / Language(s): English Issue: 2/2015

The new financing perspective in the European Union described for the years 2014–2020 and new economic and political challenges of Europe and the globalizing world demand new legal and institutional solutions. In that perspective, changes in financing policy of research programs aimed at innovative technologies and products. Small and Medium-sized enterprises demand a particular support which not always may bear the funds of reaching and implementation of innovative technologies by themselves, especially those ecological ones, fights administrative difficulties connected with quite high financial costs. For this purpose for a long time established the life of executive agencies, including The Executive Agency for Small and Medium-sized Enterprises. The Agency was entrusted the management of numerous EU’s programs, so far spread on other decentralized institutions or being subject directly to the Commission. The newly created Agency remains the structure similar to the existing similar institutions.

Pozycja ustrojowa Adwokata Ludu w Rumunii.

Author(s): Viktoriya Serzhanova / Language(s): Polish Issue: 2/2015

One of the most important tasks of a contemporary democratic state,being at the same time a challenge for it, is guaranteeing its citizens fundamental rights and freedoms and enabling them their realization. The level of preserving individuals’ rights undoubtedly depends upon whether the state is able to create an effective system of their protection. In the modern world, along with judicial protection of rights and freedoms,there has been commonly introduced a so-called Nordic model of their non-judicial preserving exercised by the institution of an Ombudsman.Usually, Ombudsmen are independent supreme state authorities which have constitutional basis. As a rule, they act on the central level and are connected with the Parliaments. In Romania such an institution was created after the political system transformation in 1997 and was called the People’s Advocate (Avocatul Poporului). The paper aims at analyzing the constitutional position of the People’s Advocate in Romania. The work particularly focuses on the origin of the Romanian Ombudsman, legal grounds of his organization and functioning which determine the present-day shape of the institution, as well as its place in the system of state authorities.

Wpływ dyrektywy Parlamentu Europejskiego i Rady 2008/99/WE z dnia 19 listopada 2008 r. na polską politykę kryminalną.

Author(s): Marta Wójcicka / Language(s): Polish Issue: 2/2015

European Union law determines the development of the internal law of the Member States directly or indirectly in almost every area of their activity. One of the important functions of the state is to protect the environment. The establishment and implementation of the principle of sustainable development, as well as intensified by the European Union for last several years environmental policy, has forced changes aimed at improving the fight against crimes against the environment. The changes introduced by the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law had an impact on crime policy in Poland. Th is article was devoted to discussion of changes in the Polish Criminal Code that have taken place under the influence of this directive. At the same time article contains the explanation of the directive, as an act constituted by the EU institutions and its role in the creation of domestic law in the Member States.

Organizacja i funkcjonowanie Międzynarodowego Trybunału Karnego.

Author(s): Viktoriya Serzhanova / Language(s): Polish Issue: 1/2014

Despite the existence of legal regulations, which define and prohibit committing war crimes, genocide and crimes against humanity, despite numerous treaties, conventions and protocols being in force, which ban to use such kinds of arms as poison gas or biological weapon, as well as despite the functioning of ad hoc international criminal courts, a unified system of executing those norms and permanent ability to call to criminal account persons guilty of violating the law visibly lacked for a very long time. This was the aim of establishing the International Criminal Court at the turn of XX and XXI centuries. The hereby paper aims at presenting and analyzing the legal regulations determining its position, organization and the main principles of its functioning. Moreover, the Author attempted to estimate the effectiveness of its hitherto activity. The subject of the study is the origin of the International Criminal Court, the legal grounds of its organization and functioning, its status and international law position, its composition and internal structure, its competences from the perspective of an object and a subject, as well as the rules of procedure taking place before it.

Zakaz dyskryminacji ze względu na zatrudnienie w niepełnym wymiarze czasu pracy w świetle Dyrektywy Rady 97/81/WE zawierającej Ramowe Porozumienie dotyczące zatrudnienia w niepełnym wymiarze czasu pracy.

Author(s): Katarzyna Bomba / Language(s): English Issue: 1/2014

Labor law has been developed in order to protect implicitly ‘typical’ employment relationships, based on a contract of full-time employment for an indefinite period of time. The development of non-full-time form of employment required new legal regulations to secure that workers employed part-time should not be in a less favorable position in comparison to those being in full-time employment. Polish part-time work–oriented regulations have been evidently created under the influence of the Directive 97/81/EC. The paper focuses on the comparative analysis of the notion of part-time worker in the Directive and the Polish Labor Code and the protection for part-time workers against unequal treatment. In many cases the regulations under discussion implement the Directive’s requirements or they are even more restrictive than the Directive itself however other still has not fully implemented its provisions. For further development of part-time employment it is essential that the requirements of the Directive 97/81/EC should be met.

Proceduralne utrudnienia w dochodzeniu roszczeń ze stosunku pracy na gruncie polskiego postępowania odrębnego w sprawach z zakresu prawa pracy.

Author(s): Katarzyna Bomba / Language(s): English Issue: 1/2014

The protection of an employee as a weaker party of labour relation is the primary function of labour law. Its analyses generally focus on the provisions of substantive law and the effectiveness of their implementation. However, the effectiveness of labour law, including the realization its protective function, requires the procedure which ensures effective vindication by an employee his or her rights. The paper examines selected provisions of the Code of Civil Procedure, the Act on Costs of Legal Proceedings in Civil Cases and some regulations of the Labour Code to indicate the procedural difficulties in vindication of claims related with labour relation under the Polish special procedure covering labour law cases. An analysis of the issues discussed in the article clearly demonstrates that the problems appear in the phase of taking a case to labour court as well as in the phase of its adjudication. The Polish special proceeding regards with labour law cases still requires improving, however it also involves numerous procedural facilities which determine the promptness, the level of (in)formalisation, and the increased self-induced activity of the court.

Aspekty prawne struktury rodziny a ambiwalentność koncepcji partnerstwa w stosunkach rodzicielskich z dziećmi.

Author(s): Paweł Sitek / Language(s): Polish Issue: 1/2014

By taking part in discussions on the family problems, we have to agree that the conditions of Polish families in the twenty-first century, depend on the social, legal or economic factors. Rightly, professionals from many fields are deal with this issue and therefore the problem of family becomes an interdisciplinary issue. From the point of view of the family and guardianship law, promotion and implementation by the parents of partnership between parents and children is noticed. The aim of this study is to try to determine the cause of such a mixing of roles within the family. In view of the danger of warping upbringing of young generation by Polish families, it is necessary to re-examine the law in this regard and to make clear explanation about the legal and natural structure of the family in the twenty-first century.

Charakter protokołu elektronicznego w procedurze cywilnej.

Author(s): Piotr Kluz,Marta Lech / Language(s): Polish Issue: 4/2014

Polish legislature amended the Code of Civil Procedure in 2010 paying special attention to conformity of justice to the standards developed in the other countries. The introduction of electronic protocol resulted in acceleration of court proceedings. Moreover it contributed to changing the image of Polish society dimension, as more efficient and effective.

Dokument w procesie informatyzacji sądowego postępowania cywilnego w świetle obowiązujących norm prawnych.

Author(s): Piotr Kluz,Marta Lech / Language(s): Polish Issue: 4/2014

An electronic document can serve as the same purpose as a traditional document. In order to consolidate the information, there are using different media and different recording information. Implementation of the standards, which are contain in Directives, deal with the Law of Electronic Signatures. Article 8 u.p.e. is an example of two-level approach to the problem of electronic signature. It would be interpreted as the electronic data which are signed with usual (“dangerous”) electronic signature cannot refuse a limine evidence in court proceedings and the probative value of the material. However, this will not automatically mean that it is a proof of the document. In civil proceedings, there is also the possibility of using the court’s electronic data unsigned safe (advanced) electronic signature, as the evidence. The ordinary courts have already used the opportunities that Art. 233 § 1, art. 308 and Art. 309 poses.

Sprawozdanie z międzynarodowej konferencji: III Jornadas internacionales de Derecho Administrativo, Medioambiental y Fiscal Romano Turyn, 7–8 maja 2015 rok.

Author(s): Bronisław Sitek / Language(s): Polish Issue: 2/2015

Decyzja ramowa Rady 2004/757/WSiSW z dnia 25 października 2004 r. ustanawiająca minimalne przepisy określające znamiona przestępstw i kar w dziedzinie nielegalnego handlu narkotykami. Wpływ na kształt polskiej ustawy o przeciwdziałaniu narkomanii.

Author(s): Michał Łęski,Marta Wójcicka / Language(s): Polish Issue: 3/2015

In this article the Authors present the introduction of Council Framework Decision 2004/757 / JHA / into the legal system of the European Union and the Member States. In the first part, historical facts preceding the drafting and implementation of the decision there have been presented. It means in particular – the documents issued by the European Union on combat and prevent drug abuse. The article also presents data of a social nature with regard to the drug problem among youths. Then the content broadly discuss provisions of the concerned legislation with respect interalia to the definitions contained in it, forms of crime, penalties, special circumstances and the liability of legal persons. In the last part the above provisions were discussed in detail in terms of their subsequent implementation in the Polish legal system. Simultaneously it took into account the scope of required changes made by the legislature in order to make full use of the Decision. The Authors also referred to the issue of repressive drug policy in Poland compared to other European Union countries.

Whistleblowing w przedsiębiorstwie – czy jest potrzebny?

Author(s): Paweł Chodak / Language(s): Polish Issue: 3/2015

The article presents information on people reporting irregularities in enterprises and institutions and government agencies. The issue of whistleblowing, which very often is called to term, it is very difficult and socially complex because our society is not yet at the stage of acceptance of this type of behavior. We accept the fight against crime by the police, we agree with the need to punish criminals. However, you are not sure whether we want to inform you about the crimes. The problem concerns the human mentality but very important is the law and the procedures involved. Today, unfortunately, provide information about a crime connected with the problem of lack of protection of such people, courageous people. This article will address the information gathered by the Foundation Stefan Batory, which conducted a series of studies in the field of reporting irregularities. In addition, it will be analyzed the legal situation of such persons on the basis of Polish legislator. This analysis will be based on the provisions of the UN Convention against Corruption, which was adopted by the United Nations General Assembly on 31 October 2003. The result of the analysis will show the conditions that must be met in order to secure transmission of information on irregularities in the Polish realities and social system.

Ethical analysis of the right of persons with intellectual disabilities to sexuality education in Slovakia.

Author(s): Petr Kocina,Dagmar Marková / Language(s): English Issue: 3/2015

The present study focuses on sexuality education as an integral part of the fundamental right to education. It analyses relevant provisions of the Convention on the Rights of Persons with Disabilities and highlights related ethical issues. Study also shows that sexuality education is ideologically saturated and morally charged topic in Slovakia. In this paper we analyse context between social constructions of intellectual disability and sexuality and their implication for sexuality education. We outline some aspects of the right to sexuality education for persons with intellectual disabilities and discuss cultural challenges and related ethical dilemmas from the liberal point of view.