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(Nie)zatarte skazanie osoby ubiegającej się o pozwolenie na broń – analiza przypadku

Author(s): Adam Pachucki / Language(s): Polish / Issue: 13/2021

Under Polish law a person applying for a firearms license (the author uses the example of a person applying for a firearms license for hunting purposes) is obliged to attach thereto medical and psychological certificates confirming that an applicant may bear a firearm. These certificates may be challenged on appeal by the competent police authority, only on the grounds of an expunged conviction. Police authority can legally state that such conviction itself implies a defectiveness thereof, despite the lack of any other allegations, evidence or information that the candidate should not keep and bear a firearm. According to the law, an expunged conviction should not have any negative legal consequences, the record of the sentence is deleted from the register of offenders, and such conviction shall be considered void. Based on the current jurisprudence, the author discusses the problems of the current wording of the legal provisions, shows possible abuses, indicates the violation of the institution of expungement and proposes changes to the provisions that could reduce the problems mentioned in the article.

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About the Legal Value of the Decision Pronounced by the Administrative-Fiscal Contentious Court before the Criminal Court (or, rather, about the lack of any value)

Author(s): Angelica Roșu / Language(s): English / Publication Year: 0

The present approach is dedicated to the analysis of the discrepancy between the theoretical approaches of the principle of legal security - respectively the way it is defined and developed - and the factual reality, the national judicial practice confirming its ignorance. The analysis is circumscribed by the way in which, within the limits of the principle of legality, the criminal relations of conflict deduced at trial could be established after the pronouncement, between the same parties and based on the same factual situation, of a final judgment in civil matters - especially in the matter of the fiscal administrative contentious; although the res judicata authority of the latter decision should not be questioned, being regulated by art. 52 par. (3) Code of Criminal Procedure, it will be found that the defeat of this principle is carried out "at the hands of the legislator", the enunciated text being a generator of legal insecurity.

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Abuse of Subjective Right in Cases of Establishing a Regime of Separate Property and Determining Unequal Shares in the Common Property

Author(s): Agnieszka Szczekala / Language(s): English / Issue: 5/2020

The purpose of the study is to determine the scope of application of the construction of abuse of subjective rights in cases involving the establishment of a regime of separate property by the court and the determination of unequal shares in the common property. The prerequisite for both the establishment of the regime of separate property and the determination of unequal shares in the common property are “important reasons”. In order to determine the admissibility of the application of Article 5 of the Polish Civil Code it is therefore necessary to define the meaning of the terms “important reasons” and “rules of social coexistence”. It is assumed herein that general clauses are a kind of reference, in terms of the interpretation of provisions to generically defined norms and non-legal assessments, which have, in principle, an axiological moral justification and, consequently, that only evaluative phrases, as “rules of social coexistence” can be referred to using this term. “Important reasons”, on the other hand, are not an evaluative phrase but an estimative phrase and therefore not a general clause. It was also considered that it could not be ruled the assessment, under Article 5 of the Polish Civil Code, of the request for the regime of separate property to be established by the court or the request for the establishment of unequal shares in the common property, taking into account the extent to which each of the spouses contributed to its creation.

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Access to health among women with disabilities – legal aspects and practical problems in Bulgaria

Author(s): Iliyana Miteva / Language(s): English / Issue: 28 (4)/2019

This scientific study is dedicated to the legal aspects and practical problems in the Bulgarian legislation of access to healthcare for women with disabilities. Its relevance comes from the growing need to understand the legal construction linked to the right to health of one of the vulnerable groups in society. Attention herein is directed to the existing legal framework in the People with Disabilities Act, the Health Act, the Health Insurance Act and the Medical-Treatment Facilities Act, as well as separate provisions in other legal acts. The analysis is accompanied by conclusions and suggestions for optimising practice and legislation.

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ACCESS TO JUSTICE IN THE TIME OF PANDEMIC: FUNCTIONING OF LEGAL AID FORMS IN NORTH MACEDONIA

Author(s): Ivona Shushak,Vesna Shapkoski / Language(s): English / Issue: 1/2021

The international community has significantly increased its focus on the improvement of justice systems around the world, in recent years. With the increase in effort and interventions in the sector, there has been a need to create tools to assess justice systems, to identify the main elements affecting the workings of the justice machinery. In a context of increasing interest and engagement in justice systems reform, the ability of citizens to access justice institutions to address their needs has come to be seen as an essential element of development, human rights, democracy, and the rule of law. The Republic of North Macedonia has been dedicated in a certain amount to improving the access to justice following these global trends. However, the pandemic has brought to the surface many obstacles in the realization of these efforts and imposed serious issues that need to be further solved. In this paper, we will elaborate on the present situation in North Macedonia from the personal experience of law clinics and civil society organizations that work and contribute closely on this issue. Furthermore, we will identify particular points that need to be advanced and relevant stakeholders to be engaged, to improve the situation, and bring justice closer to everyone.

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Access to Patient’s Medical Records in the Light of the Case Law of Administrative Courts

Author(s): Agnieszka Wołoszyn-Cichocka / Language(s): English / Issue: 1/2021

This study contains an analysis of legal regulations on the access to patient’s medical records and the compliance with these regulations in Poland. Based on the extensive case-law of the administrative courts, the following were examined, i.a., the forms of making medical records available, with particular respect to the making available of the original of these records, the possibility of charging fees for the provision of medical records, the form of the request for access to medical records and the time within which the provider of health services is required to make that documentation available. The list of entities authorised to get access to patient’s medical records has been discussed and attention has been drawn to problems in gaining access to the medical records of a deceased patient.

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Accountability and Delegation of Regulatory Powers to Agencies

Author(s): Simone Franca / Language(s): English / Issue: 2/2020

The problem of delegation of powers in the EU framework hasbecome one of the main issues legal scholarship has to deal with. In itsbroader meaning delegation could address different phenomena: to theextent of this paper, we will deal with just one of these phenomena, namelythe delegation to EU agencies of regulatory powers. The aim of this paperis to highlight some critical issues in this matter: first of all we will recallthe evolution of the delegation in the case law; secondly, we will try tobriefly draw a pattern for the accountability of EU Agencies’ rulemaking,in the light of the US model contained in the Administrative Procedure Act.Eventually, we will address some of the problems of participation in therulemaking and we will see how to improve the EU system in order to avoidthem.

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Action in a case ended with an administrative decision

Author(s): Tomasz Góra / Language(s): English / Issue: 12/2020

The article deals with the issue of administrative procedural law and civil court proceedings. The author describes a special right of the parties to administrative proceedings, which is the right to bring an action against an administrative decision, and attempts to analyse the action in relation to the administrative decision against the control of common courts against individual acts of public administration. This analysis is carried out in the light of the provisions of the Code of Civil Procedure, as well as on the legal grounds for bringing actions against administrative decisions. The article was enriched with a number of judgments of common and administrative courts. At the end of the article, the author formulates de lege ferenda conclusions.

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ADAPTATION OF THE ADMINISTRATIVE SERVICES PROVISION IN UKRAINE TO THE EUROPEAN STANDARDS

Author(s): Nataliia Rozmaritsyna / Language(s): English / Issue: 16/2019

The aspects of adaptation of Ukrainian legislation in the field of provision of administrative services to the requirements and standards of the European Community are considered. The article analyzes the concept of “administrative service”, describes the standardization in the system of providing administrative services, administrative and legal regulation in this area, outlines the main directions of improvement of legislation aimed at improving the quality. It is emphasized that the adaptation of the Ukrainian legislation to the EU legislation is to bring national legislation closer to the modern European system of law. Adaptation is an integral part of integration processes, a prerequisite for the harmonization of national legislation with the legislation of international organizations.

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Administracyjnoprawne formy ingerencji Europejskich Organów Nadzoru na rynku finansowym Unii Europejskiej

Author(s): Andrzej Michór / Language(s): Polish / Issue: 1/2011

Financial stability is a precondition for the real economy to provide jobs, credit and growth. The financial crisis exposed important shortcomings in financial supervision, both in particular cases and in relation to the financial system as a whole. The problem is that nationally based supervisory models have lagged behind financial globalisation and the integrated and interconnected reality of European financial markets, in which many financial institutions operate across borders. The crisis exposed shortcomings in the areas of cooperation, coordination, consistent application of Union law and trust between national supervisors. The article deals with the issue of new regulations on supervision over financial markets of the EU as regards interference of administrative law into the financial market of the European Union. In particular the author considers the premises and nature of powers conferred on the new supervision authorities and draws attention to inconsistencies between the provisions of national law and the new UE regulations.

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Administracyjnoprawny charakter nadania statusu miasta na wniosek gminy

Author(s): Wojciech Wytrążek / Language(s): Polish / Issue: 2/2020

The creation, merging and erasing of municipalities and poviats is the responsibility of the Council of Ministers, which makes these changes by way of a regulation. It is not clear from the regulations what should distinguish a rural from an urban commune. The city should have social and technical infrastructure as well as urban layout and nature of buildings. In the Act on commune self-government, settlement and spatial boundaries, taking into account social, economic and cultural ties as well as ensuring the ability to perform public tasks, were indicated as criteria for changes and establishing the boundaries of communes. The lack of a legal definition of municipal rights and specific conditions to be met by a town or commune seeking to obtain the status of a city seem to be in conflict with the principle of legal certainty, which is also influenced by the wide scope of administrative discretion. Obtaining the status of a city satisfies the ambitions of the inhabitants and gives the town a kind of prestige, mainly associated with promotional and marketing values. The status of the city is granted by way of a regulation of the Council of Ministers, which has a specific character - it does not establish general and abstract norms, but resolves the individual case of a commune or town.

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ADMINISTRATIVE ACTS ISSUED BY THE COURT OF AUDITORS. EXERCISE OF THE ADMINISTRATIVE COURT CONTROL OF LEGALITY

Author(s): Eugenia Iovănaş / Language(s): English / Issue: 2/2021

The Court of Auditors acts as a financial control institution, designed to verify finally and in the most demanding way the management accounts drawn up in the context of the annual implementation of the State budget and gives a discharge, or the legal responsibility of those responsible for committing violations of the law and the rule of law in the use of public funds.As regards the question under discussion, namely whether, following the audit review under Law No 94/'1992, the Romanian Court of Auditors has the power to calculate damages and determine liability for the loss calculated, the case-law study reveals different interpretations as to the question of law under discussion.The administrative court is vested with a control over the legality of the administrative act concerning the refusal by the public authority to return by administrative means to the administrative act issued, in which the conformity of the administrative decision based on law must be checked, including compliance with the limits of the margin of discretion available to the issuing authority.Without making an exhaustive assessment of the follow-up activity specific to checking the necessity and appropriateness of budgetary expenditure, the work aims to take advantage of the question of law under discussion by reference to the case-law examination which reveals different interpretations, of the legal nature of the control acts drawn up by the financial controllers and of the legal effects which they produce, the minutes and the control report drawn up by the competent supervisory body.In the practice of the courts, an administrative case has been registered for the purpose of cancelling the control report on the checks carried out by the supervisory bodies of the court of Auditors on the grounds that, the measures ordered by the control acts issued and the findings of the control report and the conclusions of the check referred to by the financial controllers are illegal and non-meetic

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Administrative and Financial Reforms in the Nigerian Public Sector

Author(s): Ehiyamen OSEZUA,Ameen Abdullateef / Language(s): English / Issue: 2/2020

The paper x-rays administrative and financial reforms in theNigerian public sector. The intention is to study numerous programs andpolicies introduced in Nigeria and analyse the impact of these reforms as itfosters revolutionary change of public sector in the country. This isimportant given noticeable professional change amongst government andthe staffs on one part and between professionals on the other part. Thisarticle embraced an exploratory method in carrying out the study. Findingsof the study reveal that there was numerous literature on public sectorreorganization with a low review on administrative and financial reformprograms in the public sector. Hence, the study concludes that reformprograms are key and indispensable in ensuring efficient service deliveryin the Nigerian public sector as well as national development. It finallyrecommends inter alia: a continuous and systematic review of programsand policies of government to ensure alignment with national objectives;mobilization of adequate resources for successful execution andimplementation of programs; and collaboration among all tiers ofgovernment and professionals.

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ADMINISTRATIVE AND LEGAL SUPERVISION OF THE VETERINARY INSPECTION OVER FOOD SAFETY IN POLAND – SELECTED ISSUES

Author(s): Ewa Bonusiak / Language(s): English / Issue: 31/2020

Legal sciences, raising food safety as the subject of research, focus mainly on striving to ensure sufficiently effective legal regulations and the system of bodies controlling and supervising the food market that determine the correct health quality of food. One such body is the Veterinary Inspection. And while it focuses in its tasks mainly on the protection of animal health, it directly and indirectly affects the maintenance of food health requirements. Supervision exercised by the said Inspection plays an important role in ensuring a high level of protection of human life and health, and also protects the economic interests of the consumer. These two goals are basic. Additional objectives are protection of the reliability of commercial transactions, ensuring the free movement of food in the European Union, protection of animal health and living conditions and protection of the environment. They are of particular importance for determining acceptable limits of competences that can be entrusted to public administration bodies, including the said Inspection. The article presents the activities of the Veterinary Inspection to protect food safety and selected executive forms that it uses for this purpose. These types of entities are equipped with such forms of activity because they fulfill a protective function in the public administration system. However, this function implies the obligation to protect many different values desired individually, as well as maintain (ensure) objectively desired states of affairs, phenomena and processes.

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Administrative Law in the Sphere of Public Policy upon Restoration of Independence of Latvia and Lithuania

Author(s): Janis Načisčionis,Algimantas Urmonas / Language(s): English / Issue: 1/2021

The authors of the article explore the multi-functionality of administrative law. Administrative legislation should take into account social realities, recognize the usefulness of social order (when assessing the need for legislative changes or their stability) and transfer them to the level of justice (in terms of the adequacy of legal regulation). After the restoration of independence, administrative law in Latvia and Lithuania had to undergo a transformation of values, abandon the imposed Soviet ideological standards and master new standards of democracies. This strengthened social and legal values, enshrined and protected in the Constitutions of both countries and after accession to the EU, in accordance with the provisions of public administration, allowed by the Treaty on the Functioning of the European Union.The article notes that the formation of legislative policy and the creation of legislation usually based on the discretion of the culture of politicians. The authors of the article draw attention to the synergistic knowledge of social reality and the use of this knowledge when building administrative and legal regulation to the level of macro-social regulation.

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Administrative Law in the Time of Corona(virus): Resiliency of the Hungarian Administrative Law?

Author(s): István Hoffman,István Balázs / Language(s): English / Issue: 1/2021

The Hungarian administrative law has been significantly impacted by the COVID-19 pandemic. Several rules – which were introduced during the state of danger based on the epidemic situation – have been incorporated into the Hungarian legal system. The administrative procedural law has been influenced by the epidemic transformation. However, the rules on e-administration have not been reformed significantly (due to the digitalisation reforms of the last years), but the rules on administrative licenses and permissions have been amended. The priority of the general code on administrative procedure has been weakened: new, simplified procedure and regime have been introduced. The local self-governance has been impacted by the reforms. The transformation has had two opposite trends. On the one hand, the Hungarian administrative system became more centralised during the last year: municipal revenues and task performance has been partly centralised. The Hungarian municipal system has been concentrated, as well. The role of the second-tier government, the counties (megye), has been strengthened by the establishment of the special economic (investment) zones. On the other hand, the municipalities could be interpreted as a “trash can” of the Hungarian public administration: they received new, mainly unpopular competences on the restrictions related to the pandemic. Although these changes have been related to the current epidemic situation, it seems, that the “legislative background” of the pandemic offered an opportunity to the central government to pass significant reforms.

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Administrative Review and Reform Movements from the Perspective of International Investment Law

Author(s): Cristina Elena Popa Tache / Language(s): English / Publication Year: 0

The study aims at the administrative implications generated by the regulation or non-regulation of the legislative ensemble with an impact in this field. The combination of these pieces in a legal mechanism or, better said, the assembly between international investment law and administrative law is a cascade of sources of legislation, jurisprudence and doctrine, trialism of great use for the evolution and reform of both areas of law, and for the realization of this study were required a coherent mix between transdisciplinary research methods, being used in this context, the methods: qualitative, comparative and quantitative. Taking into account these review movements, administrative law and administrative issues arising at almost all levels, including the institutional ones, are in front the manifestation of a particularly active role conferred by this unprecedented moment, in which states and investors must rely on a comprehensive legislation, in which to find complete regulations and harmonized with the international law of foreign investments.

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Administrator danych w polskich parkach narodowych (wybrane aspekty prawno-administracyjne)

Author(s): Jarosław Dobkowski,Jakub Goerick / Language(s): Polish / Issue: 45/2019

The article presents an outline of the problem of determining personal data administrator in the public sphere on the example of one of the forms of nature protection in Poland – national parks. The research focused on the differences between legal definitions of a data controller that has an essential impact on the process of separating a data controller in a national park. The whole is finished with de lege ferenda postulates, which would solve this problem.

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Akt transnarodowy prawa europejskiego

Author(s): Maciej Kruś / Language(s): Polish / Publication Year: 2021

The book distinguishes and describes a particular form of activity of public administration bodies, namely issuing transnational administrative acts of European law. These acts are issued by the authorities of the Member States of the European Union. They are acts of application and are issued in specific circumstances. They have direct effect in the territory of the Member States of the European Union. These acts play a crucial role in the integration of the Single Market, and the free movement of people, services and goods. The author presents difficult and complex issues in an accessible form, adducing important aspects of the issuance of administrative decisions under European law. He provides numerous examples relating to practical areas of the economy and private life. The book will be of great use in all classes on European law or the functioning of the European administration. It is addressed to students of law, administration, European law and European studies. Moreover, the book will undoubtedly be of interest to lawyers from various professions, who might make use of it to determine the nature of an authority's action in a given area of private life (obtaining a visa) or economy (e.g. approval of medicines, biocides, decisions on financial investments). This in turn impacts on the question of whether the appropriate legal protection instruments should be adopted, i.e. in the country of origin of a legal act or in the country where the activity is carried out? The book can also be recommended to participants of training in public administration.

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Aktuální otázky horního a kutacího práva

Author(s): Jaroslav Chyba / Language(s): Czech / Issue: 3/1997

The Czech Lands have been a significant center of the mining industry and the mining law since the early Middle Ages. The Mining Code of the King Wen­ceslas the 2nd, published as early as 1300, has become an archetype of a mediaval mining codification. Different valuations of the most significant mining codes are discussed in the first part of the paper. The state-of-the art of the present mining and prospecting Czech Law are analysed in the second and third part of the paper, respectively. Attention is paid to a recent decision of the Supreme Court of the Czech Republic, assigning the ownership of a quarry to the owner of the mineral deposit, which is the State in the case of the reserved minerals. The decision raises some new problems concerning the transition of the ownership from the land-owner to the owner of the deposit and vice versa. The prospecting law has been a relatively independent branch of the Czech law since 1988. However, the physical boundary between the geological prospecting and the mining activities is not obvious. Several shortcomings in the law in force are discussed, relating mainly to the environmental impact of the geological prospecting.

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