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Public Truths and Their Legal Protection

Author(s): Mateusz Klinowski / Language(s): English Issue: 3/2020

n this paper I deal with two key concepts of a modern political theory, i.e. truth and public interest, and examine relationships between them. This subject seems particularly important in the context of the observed crisis of the liberal democracy and the spread of misinformation and fake news. I argue that there is a need to create a public system of protection designed to defend the logical status of those statements which have a value for the society. By using the notion of public interest as a tool for analysis, I demonstrate how such a system might be structured. I suggest employing existing public institutions to construct a system of public protection of the truth, yet supplemented by a coordinating body based on the ombudsman model.

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Public Interest and Access to Justice: A Liminal Analysis

Author(s): Jan Winczorek / Language(s): English Issue: 3/2020

The paper argues that there exists a contradiction between access to justice and public interest. It substantiates this claim by reviewing selected arguments for access to justice and by referring to empirical evidence. The contradiction is then interpreted using a sociological theory of law, which enables establishing the structural reasons for such a clash. In order to reconcile access to justice with the public interest, the legal system must develop the semantics allowing for a better understanding of social inclusion conditions. In particular, the legal system must finally do away with pre-modern charity-oriented concept of access to justice, be able to grasp access to justice in its totality and reflect on conditions of legal inclusion. If it fails to do that, it is doomed to reproduce the conflict. The concept of access to justice developed by Cappelletti and others in the 1970s is a good point of departure here, but it is by far insufficient.

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STATUS PRAWNY POSŁA – WYBRANE ZAGADNIENIA

Author(s): Klaudia Witkowska / Language(s): English,Polish Issue: 2/2020

Celem niniejszego opracowania jest omówienie istotnych zagadnień wpływających na status prawny posła. Analizie poddano przede wszystkim regulacje dotyczące mandatu parlamentar-nego. Przedmiotem rozważań stała się także zasada niepołączalności mandatu parlamentarnego. Zwrócono uwagę na niepołączalność formalną oraz materialną i przedstawiono różnice w od-powiedzialności posłów za naruszenie wynikające z innych ustaw. Podjęto próbę scharaktery-zowania przywilejów poselskich będących gwarancją ich niezależności w sprawowaniu man-datu parlamentarnego. Zaprezentowano także rodzaje ponoszonej przez posłów odpowiedzial-ności.

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Uniwersytet - Idea w procesie wytwarzania wartości akademickich

Author(s): Jerzy Hausner / Language(s): Polish Issue: 1/2019

In his idea of university, Karl Jaspers makes an attempt to link and commonise two worlds: the spiritual and the physical. This seems to me to be of fundamental importance. Even though I wish to uphold his approach, my thoughts proceed in a different direction. I want to combine the university’s transcendent and pragmatic references, but for me, the factor that holds them together is the process of creating existential and instrumental values. The idea of university is expressed – in my approach – in university-specific links between the generation of both kinds of values, which is reflected by the concept of university-idea. A university understood and operating in this way is concurrently an institution and an organisation, a combination of the axionormative and operational orders. Its development depends on whether its social space-time continuum offers good conditions for personal and collective development to all of its participants.

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Decyzja w przedmiocie zwolnień za świadczone przez uczelnię usługi edukacyjne na gruncie nowej regulacji prawnej

Author(s): Paweł Dańczak / Language(s): Polish Issue: 4/2020

Higher education in Poland has been constantly reformed for over a decade so that Polish universities can effectively compete with foreign counterparts, and their graduates are attractive to employers. The possibility of learning may depend on paying the appropriate fees. This can put a heavy burden on the student’s budget, but the student may apply for an exemption from these fees under the conditions set by the university. Existing regulations were imprecise in this respect, which is why the adoption of the new law gave the opportunity to solve many related problems. One of the main issues requiring legislative intervention was to clarify what fees universities can charge their students and in what form they should decide to exclude these fees. This goal has only been partially achieved. The catalogue of fees has been defined, but it has not been determined whether the exemption from the obligation to pay them should be made by an administrative decision or any other act of the university body. The analysis of the new provisions leads to the conclusion that the principle should be the adoption of an administrative decision granting exemption from fees for educational services, whereas in the case of other fees referred to in art. 79 § 2 p.w.sz.n., the appropriate decision should be in a different form.

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Ochrona danych osobowych studentów w dobie rozwoju technologii biometrycznych wyzwaniem dla polskich uczelni

Author(s): Mateusz Kupiec / Language(s): Polish Issue: 4/2020

Biometric technologies have been gaining popularity lately. An increasing number of enterprises and public entities worldwide are using them for security measures. Many universities in the European Union have also begun to recognise the benefits of implementing biometric systems in their organisations, and it is just a matter of time before universities in Poland join them as well. However, biometric data used by such systems are especially sensitive as they may reveal intimate information about data subjects. As such, they are counted among special categories of personal data, the processing of which is in principle prohibited by art. 9 (1) GPDR. Furthermore, the processing of students’ personal data demands special care from universities as they are vulnerable data subjects. Students are namely subordinate to university authorities, which significantly limits their scope of autonomy. Therefore, the use of biometric technologies poses a challenge for universities in Poland. The following article aims to present the main reasons why students are vulnerable data subjects and which legal grounds provided by GDPR are most suitable for processing their biometric data by universities.

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Michal Tomášek: Právní systémy Dálného východu II

Author(s): Jiří Rajmund Tretera / Language(s): Czech Issue: 77/2019

Review of: Jiří Rajmund Tretera - Michal Tomášek: Právní systémy Dálného východu II; Karolinum, Praha, 2019, 365 s., ISBN 978-80-246-3897-3, ISBN 978-80-246-3920-8 (pdf).

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Spór Donalda Trumpa z sanctuary cities w stanie Kalifornia jako przykład niezależności stanowej i sądowej w Stanach Zjednoczonych

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Spór Donalda Trumpa z sanctuary cities w stanie Kalifornia jako przykład niezależności stanowej i sądowej w Stanach Zjednoczonych

Author(s): Patrycja Błasiak-Czerniakowska / Language(s): Polish Issue: 04/2020

This article describes Donald Trump’s conflict with the state of California over releasing information to federal authorities about the migration status of California residents for the purpose of deportation. Fighting the so-called sanctuary cities and limiting their access to federal funds were the key points of Trump’s electoral campaign. Although the president issued a directive at the beginning of his term of office to implement its postulates, ultimately the Supreme Court ruled against him, which points to the independence of both individual states and the entire American judiciary.

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Doktor Mabuse kontra państwo prawa

Author(s): Sławomir Płatek / Language(s): Polish Issue: 04/2020

This article discusses the background of the conflict between the liberal and totalitarian systems of the state on the example of the Weimar Republic. Particular attention is paid to the crisis of modern liberal democracy, then resulting in the disintegration of social structures and the longing for a strong “rule of law”, which in turn, led to Nazi rule. The cultural background of the discussion is the film Dr. Mabuse the Gambler, which focuses on these phenomena. They also have their counterparts today. This article is also an opportunity to reinterpret the film’s message. An attempt is made to revise the canonical readings; this revision has been going on for some time, but has not yet been completed.

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Pluralism and Religion Again: Reply to Henry Hardy

Author(s): Beata Polanowska-Sygulska / Language(s): English Issue: 3/2020

The article constitutes a continuation of the discussion between Henry Hardy and myself, which was initiated in AFPiFS in 2019 as a result of my publishing a review of Hardy’s book: In Search of Isaiah Berlin: A Literary Adventure (2018). In the present commentary I address again the nub of our disagreement, that is the relationship between Berlin’s pluralism and universalist religions, like Christianity and Islam. According to Hardy pluralism undermines universalist religions. I distance myself from his standpoint and argue that it is possible to reconcile adherence to pluralist perspective in ethics with religious belief. Besides, I return to the objection raised in my review of Hardy’s book and take up the thread of conflicts within values. I sustain my charge that Hardy does not take seriously enough the implications of conflicts within single values.

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Considerations regarding the evolution of the Romanian System for the protection of the Child Rights following 1989

Author(s): Elisabeta Slabu / Language(s): English Issue: 8/2020

The Romanian child rights protection system has undergone multiple transformations over the nearly 30 years since the 1989 Romanian revolution. New institutions have been set up to ensure the coordination of this system at national and county level. Quality standards have been developed for social services offered to children and their families. Large non-performing residential institutions have been closed. Family-type houses and a foster care system have been established so that children who could not remain in their natural or enlarged families can benefit from conditions as close as possible to a family environment. But there are still much that can be improved. From the opening to the community of residential child protection services until equal treatment is ensured for all categories of children at risk. Finally, awareness of the importance of initial and continuing training of staff working in the child protection system. All these improvements require human, material and financial resources to be provided continuously and consistently, as children continue to be the most vulnerable category of people under the care of the Romanian state.

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The concept of organization and methods in the Science of Administration

Author(s): Iulian Nedelcu / Language(s): English Issue: 8/2020

Daily reality shows a rapid increase in shares volume of the administration in general, towards public administration. Efficiency can be reduced by excessive bureaucracy due to the slow circulation circuits or complicated documents coming from those administered to the administration or vice versa. The necessity to methodically organize the administrative action in a rational manner, has determined the appearance of the notion of organization and method. Daniel Moulias considers that the concept of organization and method comprises of two components: organization - component having concrete character - and method - abstract component, in the form of ways of thinking. Charles Debbasch defines organization and method as a set of techniques intended to improve the functioning of the public administration. In specialized literature the definition was formulated, to which we subscribe, that organization and method constitute a set of processes and methods that can be used to obtain a rational organization of public administration action and on the basis of this organization there is effective action. Although the result of the organization and method is improving the functioning of the public administration, thus improving the whole administrative action, however, the scope of application remains exclusively that of the organization of the administrative action. Because private administration and public administration have different characteristics, they have different methods of organization.

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Proces Boloński a Prawo o szkolnictwie wyższym i nauce

Author(s): Marcin Skinder / Language(s): Polish Issue: 4/2020

The subject of the study is the Bologna Process, its assumptions and course. The article contains an analysis of the Act on university education and science in order to indicate solutions for the harmonization in Poland under the Bologna movement. This movement is characterized as an example of European integration (harmonization) in the sphere of higher education, which was initiated by the Bologna Declaration of 19 June 1999. The main idea behind this declaration was the joint creation of the European Higher Education Area. The process initiated then goes beyond the scope of activities undertaken only by European Union governments. The analysis covers the following parts: The scope of the Bologna Process, Further European actors and the Sorbonne Declaration, The Bologna Process today, Implementation barriers was well as criticism. An integral part of the work is the Bologna Process and the Constitution for Science (Law on university education and science).

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Higher Education in Texas: a Brief Overview

Author(s): Stacey L. Edmonson,James W. Hynes / Language(s): English Issue: 4/2020

Institutions of Higher Education in Texas develop, support, and enhance the economic, cultural, and social wellbeing of the state and the country. These institutions offer courses and degrees in all disciplines. They are strategically located across the state to support the economic activity while reflecting on the historical and cultural makeup of the region. There are both public and private institutions. The primary focus of this article is on the public university systems in Texas. An overview of the processes of accreditation and governance is presented.

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The Theoretical and Practical Aspects of Distance Learning in Higher Education: Case Study of Belarusian Law Schools

Author(s): Liubou Krasnitskaya,Yuliya Khvatsik / Language(s): English Issue: 4/2020

The right to education is a fundamental human right making possible the realisation of other rights of human beings. The authors starts the research with the core characteristics of the human right to education. Human rights law prescribes that education of all types and at all levels should be accessible for everyone and adaptable to respond to the changing world order. In these uncertain times distance education is considered an appropriate form of education that ensures the access to knowledge and professional skills to a broad group of learners. The researchers pay attention to the legal regulations and practical aspects of the provision of distance education in the times of the pandemic. Distance learning in Belarus is analysed in the context of higher education in general and in realm of legal education in particular. The article is enriched by the findings of the empirical research carried out among the academic staff of the Belarusian law school. The survey makes an attempt to assess the capacity of law teachers to provide online legal education.

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The Right to Education for Learners with Special Educational Needs in Lithuanian Higher Education

Author(s): Aušrinė Pasvenskienė,Milda Žaliauskaitė / Language(s): English Issue: 4/2020

This article considers the implementation of the right to higher education for learners with special needs in Lithuania. Although this right is guaranteed by various international documents and national legal acts, the main responsibility to ensure equality in higher education for all learners is embedded in the discretion of higher education institutions. The aim of this article is to analyse Lithuanian legal regulation regarding inclusion of students with special needs into higher education institutions and to evaluate Lithuanian university policies, as institutional documents, concerning students with special educational needs. A brief overview and comparison of all Lithuanian HEI policies illustrates the institutional approach towards educating students with SEN and the level of attentiveness to realization of their right to education. The research also considers pivotal challenges of ensuring inclusive education for those students as well as presents recommendations to address these challenges.

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Dallimet terminologjike në ligjin e trafikut rrugor (Kosovë) dhe në kodin rrugor (Shqipëri)

Author(s): Shemsi Haziri / Language(s): Albanian Issue: 38.1/2019

This paper is an attempt to present differences in terminology between Law on Traffic (Kosovo: 2016) and Traffic Code (Albania: 2015). These differences in terminology are results of a series of influences of English and Serbo-Croatian in Albanian language in Kosovo as well as Italian and English influence in Albanian language in Albania, as shown in the following examples (Kosovo – Albania): Ligji për rregullat e trafikut rrugor – Kodi rrugor; patentë shoferi – lejedrejtimi; shenjat e trafikut rrugor – sinjalizimi rrugor; autoudhë – autostradë; shiriti ndarës i rrugës – karrexhata; libreza e qarkullimit – lejeqarkullimi; shofer – drejtues i mjetit, etc. Besides terminological influences by foreign languages, we will also present manners of word-formation of road traffic terminology in Albanian language, based on grammatical specifics for each of them. In conclusion of this paper there will be presented results in regards to the field of terminology used for road traffic in Albanian language and there will be set recommendations for harmonization of specific terminology in this field in both countries, Kosovo and Albania.

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Právna zodpovednosť a umelá inteligencia

Author(s): István Erdős / Language(s): English Issue: 5/2020

Artificial Intelligence can potentially transform how we understand criminal liability, which is the foundation of the criminal justice system. Moral actors, moral agency and responsibility are crucial components in this dilemma, which is significant even today, but its significance will increase in an era of exponential technological innovation. New technological development, especially machine learning results in a situation, were the responsibility of a natural person (like the programmer) is highly questionable. This article aims to analyse the moral responsibility and the possible criminal liability in situation where AI technology created a complex and unclear legal and moral conundrum. This article argues that a natural person can bear the responsibility for the actions of an AI from a consequentialist perspective if the AI does not stand at the level of explicit morality and the natural person had mens rea or acted with criminal negligence. Theoretical research is essential as both national and international legal regulations of this field must be based on solid understanding of personhood and moral agency.

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Profesjonalizm nauczyciela a kultura praw dziecka w szkole

Author(s): Anna Babicka-Wirkus / Language(s): Polish Issue: 1/2020

The article deals with the issue of implementing the culture of children’s rights in school and the role of a professional teacher in this process. Practicing this culture in everyday school life is a task that requires the teacher not only to have a thorough knowledge of the rights of the child and human rights, but also to accept these ideas and create opportunities to experience and claim them at school. The academic and colloquial discourse on teacher professionalism ignores or marginally treats this dimension, which results in a low level of practice of children’s rights culture in schools. This state is also important for the quality of citizens’ preparation for life in a democratic civil society based on human and children’s rights.

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DIGITAL CONTENT LEFT ON-LINE AFTER DEATH OF A USER. ON THE RESEARCH THAT NEEDS TO BE CONDUCTED

Author(s): Mariusz Załucki / Language(s): English Issue: 1/2020

The problems of content left on the Internet after a user's death are very important. The traditional civil law contructions to date are not prepared to face their challenges. Social needs, modern reality, advanced technology - all this affects inheritance law. These issues need to be looked at more closely, and this text is intended to signal the issues of the so-called "first need" for analysis. One of its tasks is to undertake further discussion on possible needs for change. The succession law of the 21st century requires such changes.

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