PRAWNOMIĘDZYNARODOWE PODSTAWY DZIAŁANIA SIŁ KOALICYJNYCH PRZECIWKO PAŃSTWU ISLAMSKIEMU NA TERYTORIUM SYRII

Author(s): Marcin Pączek / Language(s): Polish Issue: 18/2016

This article explores the legal basis for the use of military force against Islamic State on theterritory of Syria. The author examines three possible justifications for the U.S. led operation,namely: intervention by invitation of the Syrian authorities, Security Council authorization for theuse of force and the right to self-defence. As a consequence of detailed analysis, the author comesto the conclusion that the first two arguments are difficult to sustain. The most persuasive positionseems to be that based on the right to individual and collective self-defence. This justification,however, requires a very careful analysis of conditions governing the exercise of the right to selfdefence,which, taking into account the specificity of terrorist activities, sometimes may hinder theproper evaluation. This is evidenced by the fact, that not all states taking part in the air campaignagainst ISIS in Syria, are able to give a plausible justification for their action, allegedly based onthe right to self-defence. Artykuł poświęcony jest podstawom prawnym użycia siły zbrojnej przeciwko tzw. Państwu Islamskiemu na terytorium Syrii. Autor rozpatruje trzy możliwe uzasadnienia operacji prowadzonej przez siły koalicyjne pod przewodnictwem USA: interwencję na zaproszenie syryjskich władz,autoryzację działań zbrojnych przez Radę Bezpieczeństwa ONZ oraz prawo do samoobrony.W następstwie dokonanej analizy autor dochodzi do wniosku, że dwa pierwsze argumenty są trudne do utrzymania. Najbardziej przekonujące wydaje się natomiast stanowisko oparte na prawie do samoobrony indywidualnej i zbiorowej. Uzasadnienie to wymaga jednak bardzo ostrożnej analizy przesłanek pozwalających na prowadzenie działań w samoobronie, co w przypadku aktywności ugrupowań nieregularnych może jeszcze bardziej komplikować ocenę. Najlepiej świadczy o tym fakt, że nie wszystkie państwa, które biorą udział w nalotach na pozycje ISIS w Syrii, potrafią w przekonujący i właściwy sposób uzasadnić swoje kroki realizacją prawa do samoobrony.

Вплив фактору заощаджень на рівняння економічної рівноваги в макроекономіці

Author(s): Serhiy Horlov / Language(s): Ukrainian Issue: 26/2014

The subject of the research is to study the impact factor of saving the equations on economic equilibrium in macroeconomics. The aim is to study the impact factor of saving the equation of macroeconomic equilibrium in the economy that allows you on practice calculate indices system of national accounts with considering the savings in the economy in order to rate the economic situation in the country and adoption of the government making appropriate decisions for sustainable development of the economy. At the research we used a mathematical method, by determining and bringing the additional aggregate (savings) in the equation of macroeconomic equilibrium. The result of the scientific research is a new equalization of equilibrium in macroeconomics with taking into account the factor of savings in economy. This equation is used in practice to calculate indicators of national accounts system. An important factor of influence on macroeconomic processes inside a state is savings. They carry out the double function of total expenditures increase through investment and consumer loans, and as a factor accumulation “dead money” in the form of savings in the hands of the population, in the safes of the enterprises with the purpose of making purchases or other transactions in the future, and is not involved in the economy by means on accounts of financial institutions. In the scientific article it is formulated in a new economic equilibrium equation in macroeconomics taking into account the factor of unused savings.

Entering the public sphere: the citizenship practices of US immigrants

Author(s): Caroline B. Brettell / Language(s): English Issue: 1/2016

This paper originally delivered as a keynote speech at the Turkish Migration Conference 2015 in Prague, Czech Republic on June 25, 2015. It focuses on civic engagementi political participation and citizenship practices of Asian Indians in Dallas Fort Worth Metropolitan area drawing on qualitative field research material. Community participation is a process. Embedded in this observation is an understanding that as the individual branches out, he or she is becoming involved with associations with great civic and/or political presence, moving from one community of practice to another, and from a peripheral position to one of greater participation to invoke the ideas of Lave and Wenger. But equally, these activities illustrate how new immigrants construct their own sense of belonging as they engage with and interpret what it means to be an American and what kind of an American they want to be.

Instytut Studiów Kobiecych – stowarzyszenie upowszechniające działalność naukową (2011–2016)

Author(s): Marcin Siedlecki / Language(s): Polish Issue: 1/2016

PRZEMIANY W SPOSOBIE ROZUMIENIA PRAWA WŁASNOŚCI. PRZEJŚCIE Z UJĘCIA ABSOLUTNEGO DO PRZYJĘCIA OGRANICZONEGO I PROSPOŁECZNEGO CHARAKTERU TEGO PRAWA.

Author(s): Adam Banaszkiewicz / Language(s): Polish Issue: 14 (2)/2016

The article concerns the changes in the content and in the way of understanding of ownership that occurred from the period of antiquity. Initially, it was considered inviolable right of ownership, exclusive and unlimited. In time, thanks also the Social Doctrine of the Church, was converted into a law, which serve not only the owner, but also to meet the needs of society. An important reason was to increase the scope of interference by the state resulting from an increase in the number of social tasks.

BUDOWA WIZERUNKU WYMIARU SPRAWIEDLIWOŚCI

Author(s): Katarzyna Majchrzak,Przemysław Banasik / Language(s): Polish Issue: 41 (1)/2015

The objective of the paper is the presentation of relationships between the notions of identity, image and reputation within the judiciary; the principles of shaping the image of the justice system; good practices of building a positive image used by courts; the level of maturity of courts covered by a pilot study when it comes to using a variety of actions enhancing the image; role and possibilities of inter-organisational networks in the transfer and homogenising good practices of building a positive image of courts. The basic research methods employed in the paper are: literature studies, empirical analysis based on available secondary research, as well as personally conducted empirical research for the purposed of the paper. Also, the case study method was adopted to better illustrate the implementation process of the good practice by the name of improving the general image of the court.

Kościół katolicki wobec parlamentaryzmu II Rzeczypospolitej na przykładzie nauczania społecznego kardynała Stefana Adama Sapiehy

Author(s): Mateusz Kępa / Language(s): Polish Issue: 2/2016

The purpose of this article is to describe the relationship between parliamentarism and the social teaching of the Catholic Church, with a special emphasis on pastoral, social and political activities of cardinal Adam Stefan Sapieha. The system of parliamentary government is a system of government in which the legislative authority in the form of parliament passes laws and controls the executive authority, which is wielded by the president together with the government. An important aspect of this system of government is the interpenetration of these two authorities and their mutual complementing, which is evident even in the possibility of bringing forward bills by the executive. The view of the parliamentary system held by cardinal Adam Stefan Sapieha was based on the social attitude which was represented by the Christian Democrats. The political system accepted by the Christian Democrats was democracy, which very clearly demonstrates all positive forms of local government’s actions and the principle of subsidiarity. The basis of this assumption is that it is on the lowest levels of society where the common good based on social solidarity can be realized. The Archbishop of Krakow perceived the political, social and economic issues through the prism of the Catholic Church. He believed that the task of the state is to protect society against the moral decay of anti-Christian totalitarian systems. According to Sapieha, the state should act as a servant in relation to the nation. The Metropolitan claimed also that the vision of the relationship between social ranks, contrary to the socialist vision, was not burdened with a conflict. Sapieha saw the danger of drastic social inequality, but definitely spoke out against socialist and communist solutions. The cardinal emphasized the accent which should be laid on the development of all forms of civic government. So the ideal state is a decentralized state, in which citizens, due to rights and activities taken up by themselves, have an influence over the governments. According to Sapieha, a democratic state of law should respect political pluralism based on the principle of subsidiarity and justice, as well as sovereignty, and above all – the principle of parliamentary majority.

Парламент или Советы: российский выбор 1918 года

Author(s): Igor' Andreevič Isaev / Language(s): Russian Issue: 3/2016

The article deals with one of the most important issues in the Soviet political and legal history. The choice of the political form that was established almost immediately after the victory of the Bolsheviks in the Revolution of 1917, meant a change in the direction of development of the state. Councils became an alternative to the parliamentary republic. The article analyzes the basic principles of both political systems and the reasons for such a choice. The author emphasizes transnational political direction of the so-called “direct action” which took place not only in Russia, but also in several European countries.

Funkcja kreacyjna obydwu izb Parlamentu RP jako przedstawiciela narodu

Author(s): Stanislaw Leszek Stadniczeńko / Language(s): Polish Issue: 3/2016

The author undertakes to establish the legal title to performing the creative function by the two chambers of Polish Parliament as a representative of the nation. The article describes the competence of the Sejm and the Senate as the constitutional authorities of the State that perform the creative function. The creative function of the Parliament may be considered as a result of the activities of this institution for other institutions as well as the functioning of the whole system. Voters’ crisis of confidence in the both chambers of Polish Parliament may also be understood as a crisis of its functions.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

Author(s): Stefan Marek Grochalski / Language(s): Polish Issue: 3/2016

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

Znaczenie konsultacji społecznych w demokracji partycypacyjnej

Author(s): Edyta Sokalska / Language(s): Polish Issue: 3/2016

Participatory democracy is one of the potential directions of development of the system of social organization. The search of opportunities to improve the current system results from the incompatibility of the present solutions to the times we live in. A significant impact on the devaluation of the system of representative democracy is the development of technology, which results in a faster flow of ideas (the Internet, elimination of barriers to communication). Thus, for several years now there have been made attempts to create different types of communication platforms on the axis citizens-the authority. Solutions of this type progressively enter the democratic practice. Therefore, most probably in the near future, there will dominate the expectation of varied platforms of public consultations, especially “public consultations on the Internet”. This will include all administrative levels – from the national (referenda via the Internet), ministerial level (specific consultations within ministries) to the local government.

Funkcjonowanie Rady Najwyższej Ukrainy (1996–2011). Wybrane aspekty

Author(s): Jerzy Nikołajew / Language(s): Polish Issue: 3/2016

In the first part of the article, the author deals with the question of the functions of the Ukrainian Parliament, which include constitutional, legislative, budgetary and financial, controlling and creative functions. Then, there are attempts to clarify the meaning of these functions. The author pays particular attention to the importance of the legislative functions of the Verkhovna Rada [Supreme Council]. The next part deals with the issues concerning the structure of the Parliament, including specific responsibilities of various bodies and their functioning. Next, the author refers to the mode of Parliament’s operating, sessions, as well as meetings of committees and commissions. He pays special attention to the fact that the competences of the standing committees of the Ukrainian Parliament cover the entirety of public life in this country. The parliamentary factions are also important for the functioning of the Verkhovna Rada. Further, the author examines the status of Members of Parliament, including the issues of formal and substantive immunity. Next, the subject of the consideration includes the duties and powers arising under the mandate of a people’s deputy. Another topic touches upon the incompatibility of a deputy’s mandate with execution of other public functions. The article is concluded with general remarks which imply that the Ukrainian Verkhovna Rada relies on the parliamentary rules used elsewhere. However, what distinguishes the Verkhovna Rada is its unicameralism and corruption problems connected with the functioning of a young democracy.

Prawne aspekty eutanazji w Holandii

Author(s): Grzegorz Stefanowicz / Language(s): Polish Issue: 3/2016

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Rabaty warunkowe udzielane przez przedsiębiorstwa dominujące w prawie konkurencji Unii Europejskiej

Author(s): Artur Szmigielski / Language(s): Polish Issue: 3 (79)/2016

While the granting of rebates is a common commercial practice largely used by dominant and non-dominant firms, the assessment of rebates is one of the most complex and unsettled areas of competition law. In the European Union, the decisional practice of the case-law of the Court of Justice of the European Union has been harshly criticized as unnecessarily strict, following a form-based approach that sits uneasily with moderneconomic theory. The degree of divergence between US and European case law on the proper legal treatment of loyalty rebates is larger than in almost any other field of international antitrust law. Whereas US jurisprudence has traditionally considered loyalty rebates to be a pro-competitive business practice, the Court of Justice of the European Union has repeatedly held that loyalty rebates are an illegal means of distorting competition.

Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach

Author(s): Robert Grzeszczak / Language(s): Polish Issue: 4 (1)/2016

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

Zasada proporcjonalności jako obiektywne uzasadnienie ograniczeń w swobodnym przepływie osób w Unii Europejskiej

Author(s): Joanna Ryszka / Language(s): Polish Issue: 4 (1)/2016

The principle of proportionality in the EU legal order applies, among others, to actions taken by Member States in the situation where they are willing to use, permitted by the EU law, derogation from its provisions, in particular – in the area of internal market freedoms. Derogation from those freedoms will not be justified if it is not absolutely necessary. National regulations must therefore be proportionate to the objective that these restrictions are to protect. With respect to the free movement of persons, as an example of these goals, the protection of fundamental rights could be mentioned. It is vitally important for the realization of an internal market due to the existence of interesting interactions occurring between them and specific ways of applying the principle of proportionality when they collide with each other.

Sankcje administracyjne i zasady sprawiedliwości w przypadku nielegalnego usunięcia drzew ze szczególnym uwzględnieniem sytuacji prawnej przedsiębiorcow

Author(s): Michał Hejbudzki / Language(s): Polish Issue: 32/2016

The study contains considerations for the evolution of the legal means of pre- venting the removal of trees without the required permit. The analysis carried out concerns the legal regulations introduced after the Constitutional Court's judgement of 1 July 2014 issued in case SK 6/12. The author presents the criticisms of existing regulations in the field relating to the legal situation of entrepreneurs who, without the required permit, removed a tree for the purposes of their business activity and proposes de lege ferenda solutions.

Regulacje systemu finansowego w Unii Europejskiej a Konstytucja Rzeczypospolitej Polskiej

Author(s): Marcin Olszak / Language(s): Polish Issue: 4 (80)/2016

The aim of this article is to find out whether – and if so – to what extent, provisions included in the Polish constitution are a barrier in the process of harmonization of the Polish law with the EU law and in the process of full achievement of the objectives of the European regulator. Looking for the answer to this question, this paper includes analysis of changes introduced by the Act of the 5th of August 2015 on macroprudential supervision of financial system and crisis management in the financial system. This act transposes the directive No 2013/26/EU of the European Parliament and of the Council of the 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment fi rms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC, to the Polish legal Framework. This act also introduces adjustments of Polish law to provisions included in Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment fi rms and amending Regulation (EU) No 648/2012. The analysis conducted in this article leads to the conclusion that provisions included in the Constitution of Republic of Poland are a barrier in the process of harmonization and gives opportunity to put forward de lege ferenda implications.

„Nauka prawa […] stała się nieuchronnie potrzebną nie tylko przez swą użyteczność, lecz obowiązki, jakie nas łączą w obywatelskim stanie”1. O tradycji i nowoczesności w nauczaniu prawa w Księstwie Warszawskim i Królestwie Polskim (1807–1830)

Author(s): Anna M. Rosner / Language(s): Polish Issue: 3/2015

The teaching of law in the Duchy of Warsaw (1807–1815) and the Kingdom of Poland (1815–1832) was due to the implementation of requirements concerning new judicial and administrative posts. Law education was now obligatory, in contrast to the Republic of Nobles (XVI–XVIII cent.). That is why the new law schools were established: the School of Law and Administration in the Duchy of Warsaw, and the Law and Administration Faculty of the Warsaw University in the Kingdom of Poland. The new social stratification and the establishment of a social class of the intelligentsia were in progress, and judicial posts were now open to persons of non-noble origin. The School of Law and Administration created its own modern program for the teaching of law. In addition to the theory of law, the new program also implemented the elements of general knowledge, as well as law education, known from the Republic of Nobles: the basis of all active citizenship. These components were creating a new understanding of the terms “state” and “nation".

Sprawiedliwość i odpowiedzialność międzygrupowa i międzypokoleniowa w ochronie środowiska naturalnego

Author(s): Piotr Krajewski / Language(s): Polish Issue: 32/2016

The right to the environment is one of the fundamental rights of the individual and collective rights. Hence, the legal environmental protection also requires ethical and economic elements that are derived from the principle of precautionary. Its assessment should always be interpreted in the context of the cultural changes taking place to promote new aims and values. Because of that, nowadays legal environment protection is is combined with the principle of sustainable development, which requires foresight in anticipating the possible consequences of human activities. Given the intensive development of technologies based on the use of living biologi- cal systems are as complicated as issues of intergenerational justice. Balanced deve- lopment policy, thus solving problems of resource use, taking into account the integrity of the nature's various elements. It requires education and development of environmental ethics witch should be understood as restrictive ethics, i.e. selection and willingness not to abuse the available resources. That ethics consists of accoun- tability and respect for future generations which also have the right to inherit the environment that fits for life and provides opportunities for development.