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The current laws govern the admissibility of the personal data processing in ICT systems and determine appropriate levels of protection of such information. Entrusted with the protection of personal data, in any organization processing personal data, is the administrator of personal data, who can determine the information security administrator to carry out these tasks.
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The „hacking tools” are the programs which constitute a real threat for the cyberspace. They allow the people without specialistic programming knowledge to commit crimes that previously were reserved only for a small group of people. This article presents the issue of regulation of the „hacker tools” in the Polish Penal Code of 1997. It points the question of interpretation of the term “the hacker tools” and discusses about the existing Polish legislation.
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Crisis management has a great importance: in functioning of the state apparatuses for the peace, the balance, the stability and the safety of citizens. Counteraction to natural risks and those triggered by human activity belongs to tasks to the civil service and the state apparatus forces (Police, Border Guard, Fire Service, etc.). State, as an organization, should plan how to organize and react in the moment of danger appearance.
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This article is devoted to the issue of parliamentary control, as an institution ensuring the realization of the representative function by the legislative body, not only through the process of stating the law, but also by referring to the mechanism of its respecting. This is an essential condition for the stabilization of the legal system, without which social order cannot be guaranteed, as an insurance of the security of state. Is considers an example of activity of Russian Federation’s parliament, its history, competence of control nowadays and the legislation, that provides all necessary means to obtain such goal.
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The author of the article puts forward a thesis that the period in the international relations that came after the Cold War has already been completed and we are now in another one, to which he gives the name of the Post-Lisbon order. So far, in the discourse on the international relations it is called the post-Cold War order, without a clear distinction of its timeframe. The author, who presents a theoretical introduction of the definition of the international order which he perceives as a way of determining the relationship between international actors, who also presents the most important provisions of the Treaty of Lisbon and the New NATO Strategic Concept (adopted in Lisbon), called the new period a post-Lisbon order. By analyzing the presented problems the article constitutes an attempt to prove the thesis which was put forward at the beginning.
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The doctrine of law is one of the most important and fascinating problems of legal science. In some legal systems, the doctrine remains a significant source of law. It means that the doctrine of the law goes beyond the scope of scientific problems and has practical value. However, many aspects of the doctrine of law remain highly controversial and ambiguous. To them we can include, among others, its constitutive features, which enable us to distinguish the legal doctrine from other sources clearly. Legal conditions constitute one of the most popular trends of doctrinal research in contemporary Russian literature on legal issues. The ambiguity of the term "doctrine" refers to different approaches that should be considered. This determines the timeliness and necessity of further research on legal doctrine.
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Over the last fifteen years, the State Treasury has paid several billion zloty compensation for the unlawful conduct of public administration officials. Court statistics prove that the scale of the problem has been increasing. They show unequivocally that from year to year the scale of this phenomenon is growing year by year. The officials inthe state administration being the representatives of the State are equipped with the attributes of power which enable them to force people to behave in a desired way. The should be legal limits to the authority granted to them as far as the exercise of the law is concerned. However, Polish law os often not transparent enough. This results both from legislative errors and the multiplicity of regulations and legal acts and also from the inadequate interpretation of EU law by national authorities. On the other hand, the administration is a hierarchical structure with the extended power apparatus for making decisions on behalf of the society.
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In 2024, the Constitutional Court of Romania delivered two landmark decisions in electoral matters, as it is the first time that the Court has significantly intervened in the electoral process for the election of the President. In the first of these decisions, the Court ruled the exclusion of a candidate from the electoral race due to the anti-European discourse and conduct, which demonstrated disregard for the democratic values and principles that underpin the organization and functioning of the Romanian State and that are directly reflected in the text of the Constitution. By the second decision, the Court annulled the entire electoral process for the election of the President and ordered its resumption, on the basis of declassified "Information Notes" initially presented at the meeting of the Supreme Council of National Defense, which indicated that the electoral campaign conducted by the winning candidate in the first round was likely to affect the free and fair nature of the citizens' vote and the equality of opportunity of the other electoral competitors.
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Nuclear option or also value infringement. These slogans are sometimes linked to proceedings under Article 7 of the Treaty on the EU, which allows the Union to defend its values in the event of shortcomings in Member States. So far in practice, however, only proceedings under the first, preventive paragraph have been initiated. The article focuses on the evolution of the text of the provision in question, the associated political capital invested and compares the ambitions thus identified to existing practice results.
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Mediation and arbitration play a key role in modern international business law, especially due to their efficiency, flexibility and ability to respond to the needs of a globalized business environment. The Singapore Convention on Mediation and the New York Convention on the Recognition and Enforcement of Arbitral Awards provide solid legal foundations for out-of-court dispute resolution. The Singapore Convention esta¬blishes a mechanism for the recognition and enforcement of agreements reached through mediation, which significantly enhances the legal certainty of mediation. On the contrary, the New York Convention has long ensured the enforceability of arbitral awards and is the basis for global acceptance of arbitration. Both conventions underline the importance of alternative dispute resolution (ADR) in international trade and contribute to economic stability and strengthening trust between trading partners.
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The article is focused on the analysis of main elements of the legal regulation of Czech labour-law relations based on the agreements on work performed outside an employment relationship. The main attention is dedicated to the established conditions for application of given relations (also from a historical perspective) and to the key pro¬blematic aspects of their regulation in the context of ensuring an adequate level of protec¬tion of legal status of employees. The aim is also to contribute to the debate on possible solutions of identified problems in the field of Labour law.
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This research aims to determine the classification of legal relationships between platform service providers and online transportation drivers as gig workers (platform workers). The choice of theme is motivated by the fact that so far the legal relationship that occurs between platform service providers and online transportation drivers is a partnership relationship, but the partnership relationship that occurs does not implement the principles of partnership in its implementation in the business world. This partnership cooperation relationship is not regulated in the Law Number 20 of 2008 regarding Micro, Small, and Medium Enterprises or the Indonesian labour law because the Indonesian labour law only recognizes working relationships, while in the Law Number 20 of 2008 regarding Micro, Small, and Medium Enterprises because the original intent of the partnership in Law No.20/2008 is very different from the partnership relationship that is currently happening between platform service providers and online transportation drivers. Then the writing of this paper uses a normative juridical method with a statutory approach and an analytical approach. The legal material obtained by the author will be analyzed using descriptive analytical analysis techniques, namely a method of analyzing legal material by determining the content or meaning of legal rules in terms of partnership cooperation relationships, as well as the Civil Code. From the results of research with the above methods, the classification of legal relationships between platform service providers and online transportation drivers as gig workers (platform workers) is classified as a partnership relationship based on the Subordinate union of partnership, namely a partnership based on the merger of two or more parties that are subordinately related.
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The publication focuses on the right of patients to pastoral care during hospitalization. Based on current legislation, patients have the right to receive pastoral care in accordance with their religious or spiritual beliefs. In the context of health care, these rights include access to chaplains or clergy, the ability to practice religious observances, and the provision of emotional support in accordance with one’s beliefs. It is crucial to guarantee patients’ autonomy in choosing pastoral care, regardless of their religion. The purpose is to highlight the need to professionalize pastoral care services, as well as the organizational problems associated with imposing an obligation on the treatment entity to ensure the realization of the patient’s right to pastoral care.
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The 900th anniversary of the baptism of Pomerania and preserved accounts of the mission of St. Otto of Bamberg lead to the conclusion that the adoption of Christianity by the pagans was primarily the result of seduction by the truth of the Gospel, but the influence of secular power, which secured the mission of the missionary bishop, was also significant. Consequently, the question arises whether the church legislator allows the use of methods in the work of evangelization that contain elements of coercion or even pressure that increase the effectiveness of preaching the Word of God. The answer to this question varied depending on the period in the history of the Church and human societies. It is true that the church authorities tried to remember the style of Christ, who only invites people to friendship with himself, but, often resembling the state authorities, for which the use of coercion is a way of exercising power, sometimes the church legislator introduced regulations allowing for people to be forced to accept the faith. However, from today’s point of view, such legislation cannot be clearly assessed negatively. It was, in a way, a reflection of the way of thinking of the secular rulers of that time, for whom the use of forms of coercion was a common way of imposing their will. The 20th century concept of human rights, however, allowed us to rediscover the beauty of the Gospel, which imposes itself only by the force of truth itself. This idea found its place first in the teaching of the fathers of the Second Vatican Council, and then in the Code of Canon Law, where in can. 748 § 2, the legislator regulates that “Never and no one may force any person to accept the Catholic faith against his or her own conscience.” Consequently, it also requires respect for religious freedom when administering sacraments and obliges bishops and missionaries to refrain from all forms of coercion when preaching the Gospel. It should therefore be noted that current church legislation emphasizes human freedom in accepting faith more than in previous centuries.
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In early 2022, the Council of the Organisation for Economic Cooperation and Development (OECD) decided to open accession talks with six countries, including Romania. With the adoption of the Roadmap for Romania, common visions with the Organisation were welcomed, while also setting out the conditions for accession. This article aims to analyse the process of accession to the OECD, presenting at the same time the dynamics of Romania's bilateral relations with the Organisation. Along with the benefits that come with membership, the advantages of the pre-accession period were also outlined. Being a specific international organisation, the OECD presents a set of particularities that set it apart from other international bodies.
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If long time ago fleeing on the territory of other States of convicted offenders who wanted to avoid the enforcement of sentences was an optimal solution, the development of legal instruments for international judicial cooperation and especially the simplification and harmonization of surrender procedures between the member States of the European Union led to the result that the spaces where convicted persons could consider themselves sheltered became more and more restricted. This led to the need for the convicted offenders to identify, mainly with the help of lawyers, gaps or imperfections in the legislation of other states, which would allow either the refusal of extradition to the issuing State, or the enforcement of sentences in alternative ways to the one in deprivation of liberty regime. In the article, two well-known cases are analyzed, in which the convicted persons managed to avoid the enforcement of the sentences, fleeing Romania and arriving in Italy, a country where the harmonization of the national legislation with the provisions of the Decision - framework 2008/909/JAI and with the principles deriving from the jurisprudence of the Court of Justice of the European Union was realized late and overlapped with a great flexibility of the judicial authorities in the interpretation of the European law. A first problem analyzed refers to the possibility of the judicial authorities of the executing State to proceed, following the recognition of the sentence, to a re-individualization of the way of enforcement of punishment, replacing it practically with one that does not involve deprivation of liberty, aspect which is considered to be contrary to the purpose of the principle of trust and mutual recognition, which is the basis of international judicial cooperation. A second issue concerns the fact that the judicial authorities of the executing State are using the prerogatives of interpreting and applying the domestic law of the issuing State, a matter that goes against the principle of territoriality of the application of criminal law. Finally, the last issue analyzed refers to the impossibility of the coexistence of a warrant for the enforcement of a custodial sentence, issued by the issuing state and on the basis of which a European arrest warrant was also issued, with another warrant for enforcement, issued by the judicial authorities of the State that proceeded to the recognition of the judgment of conviction and which was thus integrated into the internal legal order of the latter State.
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The fight against money laundering and against the financing of terrorism is one of the most important elements of criminal policies in all legal systems. With the same purpose, at the international level there are many organizations and different entities that provide assistance and support for the domestic legal systems. Even though the fight against money laundering is not of the essence of the Council of Europe’s activity, its complex system of committees, groups and other similar entities also covers this issue. The Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism and the European Crime and Cooperation Division are the main actors to this end. This article aims to briefly present the history and the current activity of each of the two mechanisms previously mentioned. Also, the author aims to find potential improvements of their activity.
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In the pages of this study, we have provided some explanations and clarifications of legal doctrine on the “secularity” and confessional “neutrality” of a State based on some texts of the main international and national instruments (constitutions, laws of Religious Denominations, Statutes, etc.). By examining and evaluating the documentary evidence provided by these texts and specialized doctrine, we have been able to ascertain that the secularity and denominational neutrality of states were perceived and defined in terms of their content through the prism of anticlericalism, an ideological trend boosted by the French Revolution of 1789, which led to the abolition of the principle ‘cujus regio, eius religio’, i.e. ‘to whom the monarchy belongs, religion belongs’, and to the exacerbation of opposition to the involvement of the clergy in the political life of France. From 1905, when the law separating the State from the Church was published, until 1958, France recognized and affirmed the principle of secularism, which - from that year onwards - it associated with the concept of the neutrality of the State in its relations with the Church, id est religious cults. Since then, however, both concepts, id est “laïcité” and “neutrality”, have undergone profound changes because of the new realities that have arisen in the relationship between the State and the Church, culminating in Protocols of cooperation for the common good of their respective subjects.
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Intelligence is considered the pinnacle of human cognition at a given time, encompassing various cognitive abilities such as problem solving, reasoning, learning, and understanding. Whether it is human intelligence or artificial intelligence, the concept focuses on the ability to perceive information, retain it as knowledge, and apply it to different situations. Research in psychology suggests that intelligence is not a fixed trait, but can be shaped and developed through experiences, education, and environment. The study of intelligence continues to be a fascinating topic that drives advances in technology and our understanding of the human mind. The purpose of this study is to identify the particularities of the development of emotional and social intelligence from the perspective of interference with artificial intelligence.
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The aim of the paper is to identify and analyse the problems of foreigner protection in Poland in the light of the constitutional principles and European standards and in reference to the current migration situation in Poland. The values and priorities of states and societies are most evident in crisis situations, especially when they refer to foreigners who apply for help and protection and are referred to as “others” or “aliens”. The intention of the author is to demonstrate that problems that arise from international conflicts or crises cannot be solved only on the national level, within own actions and competences. The protection of the greatest good, i.e. state security and human rights, requires applying adequate measures that are proportional to the threats; these values cannot be presented as opposites. It might be noticed that the existing political and legal solutions do not keep up with the changing situation and the emerging needs. The eternal sui generis race between practice and normative regulations has always been presented in a sharp way in the field of the analysed problem.Due to the multi-faceted, legal and political nature of the subject, the author used research methods that are characteristic for social sciences, i.e. institutional and legal analysis, social analysis, descriptive and comparative analysis, and the historical method.
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