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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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A Legal Model of Air Protection in Poland – Selected Issues

Author(s): Ewa Radecka / Language(s): English / Issue: 1/2021

This article attempts to discuss selected elements of a legal model of air protection in Poland synthetically in order to provide Slovak readers with some overview of the same, which may, subsequently, become the starting point for an international scientific discussion in this field. The author firstly describes the background of the present poor quality of air in Poland, and afterwards presents a brief analysis of reasons why the air should be understood as a common good subject of state protection. Eventually, the author classifies air protection instruments in Poland and discusses the selected ones.

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A SHORT REVIEW OF TRANSLATION ERRORS IN LEGAL LANGUAGE

Author(s): Marina-Cristiana Rotaru / Language(s): English / Issue: 2/2020

The purpose of this paper is to give a short review of some of the most common errors in legal translation, namely terminological and grammatical errors. The analysis focuses on short texts translated from Romanian into English by students enrolled in a translation programme who have just had their first contact with specialized legal texts. The paper also aims to identify the causes of such errors and, if possible, suggest a few practical solutions to these translation problems. The motivation for the case-study method in our analysis is to raise students’ awareness about the specific nature of legal language by starting from an examination of their own use of language.

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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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Accesul la jurisprudenţa de contencios administrativ

Author(s): Gabriel Manu / Language(s): Romanian / Publication Year: 0

Judicial practice, particularly in higher courts, is an increasingly important argument for the sentencing of legal disputes, which is also part of a phenomenon that is al so manifested in other systems of law, which is the strengthening of its status of an effective source of law in general, and administrative law, in particular. If, at the Supreme Court level, for reasons primarily concerning its role in the unification of practice, access to jurisprudence is to a decisive extent, the lower courts offer such public service only in a limited and selective manner. The absence of explicit regulation of judgments as information in the public interest and of a regime of access to them, or of the general obligation of courts to make them public, at their own motion or at request, in full, together with the conflicting positions expressed over time by the Superior Council of Magistracy, led to an ununified application of Law no. 544/2004 on free access to public interest information. The projects of online publication of judgments in public-private partnerships are not such as to rigorously satisfy the requirements of the principle of without charge and free access to judgments, and the practice of selecting and publishing „relevant” court rulings creates distrust, in terms of without charge and free access objectives, given the lack of criteria to establish such character. A future law solution is either the explicit regulation of the judgement as part of the category of public interest information, with the establishment of the related regime, or the establishment, by the law of the organization and functioning of the national judicial system, of the obligation to publish the given rulings, in full.

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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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Activity forms of municipal authorities and prospects for its development in Ukraine

Author(s): P. A. Trachuk,Iryna Nesterova / Language(s): English / Issue: 155/2021

The authors attempt to explore the nature of local public authority, its sources of legitimacy, its types and forms. An idea of the constitutional and legal bases of the organization and activity of local public authorities and its bodies is given there. The existing systems of local self-government in different states are analyzed; attention is focused on the difference between the concepts of “self-government” and “management”. The problems of administrative reform in Ukraine in the context of globalization are analyzed there.

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Adaptarea României la o nouă realitate administrativă – Smart City și zona metropolitană

Author(s): Vlad-Cristian Soare / Language(s): Romanian / Issue: 9/2021

The expansion of urban communities to the outskirts of the city or to the surrounding localities, has given rise to large urban centers. Whether we consider the development of Madrid, Paris or Bucharest, the phenomenon is similar and irreversible. Moreover, the migration of the population within those areas has put a huge pressure on the old administrative-territorial delimitations, the local public administrations being obliged to work together and to provide integrated public services. This new reality has given rise to different legal solutions. However, the vast majority have in common the creation of new administrative structures called metropolitan areas, which have in their center a smart community that benefits from smart, interconnected localities. This growing phenomenon is known through concepts such as Smart Village, Smart City and Smart Region.

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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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Administracinės teisės raida tarpukario Lietuvoje: mokslinės stažuotės

Author(s): Ieva Deviatnikovaitė / Language(s): Lithuanian / Issue: 108/2021

European administrative law began to develop intensively in the second half of the 19th century. Many countries established administrative courts and adopted codes of administrative procedure. In interwar Lithuania, administrative courts, rules of administrative procedures, civil service law, Government Regulations and other important administrative legal acts were not established or adopted. This happened not only because the state that faced economic, foreign policy complaints but also because there were no administrative law specialists. The staff of the Faculty of Law realized that Lithuanian specialists of administrative law needed to deepen their knowledge at universities in foreign countries where the formation of administrative law had been already advanced. This article analyzes administrative law studies in interwar Lithuania, scientific internships in higher education institutions of that time and evaluates their results. Such research helps to understand not only the origins of Lithuanian administrative law, but also how the doctrines of administrative law have developed in other countries.

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Administracja porządku i bezpieczeństwa publicznego w obszarze przygranicznym Polski i Niemiec na przykładzie powiatu zgorzeleckiego

Author(s): Daniel Gotthardt / Language(s): English,Polish / Issue: 2/2021

According to the tripartite division of state power - public administration, as the executive state power, apart from the legislative and judiciary, forms the structure of the state apparatus responsible for the implementation of the internal function of the state responsible for the safety of its inhabitants. It can be assumed as a universally applicable fact that every police force around the world has the same types of services, i.e. the criminal police, preventive police and police support in organizational, logistic and technical terms. In order to be able to properly cooperate on the international arena, you need to get to know your partner properly in terms of organization, personal and emotional aspects. That is why it is so important to get acquainted with the organizational structures and the possibilities of operation of individual entities or persons.According to the tripartite division of state power - public administration, as the executive state power, apart from the legislative and judiciary, forms the structure of the state apparatus responsible for the implementation of the internal function of the state responsible for the safety of its inhabitants.It can be assumed as a universally applicable fact that every police force around the world has the same types of services, i.e. the criminal police, preventive police and police support in organizational, logistic and technical terms.In order to be able to properly cooperate on the international arena, you need to get to know your partner properly in terms of organization, personal and emotional aspects. That is why it is so important to get acquainted with the organizational structures and the possibilities of operation of individual entities or persons.According to the tripartite division of state power - public administration, as the executive state power, apart from the legislative and judiciary, forms the structure of the state apparatus responsible for the implementation of the internal function of the state responsible for the safety of its inhabitants.It can be assumed as a universally applicable fact that every police force around the world has the same types of services, i.e. the criminal police, preventive police and police support in organizational, logistic and technical terms.In order to be able to properly cooperate on the international arena, you need to get to know your partner properly in terms of organization, personal and emotional aspects. That is why it is so important to get acquainted with the organizational structures and the possibilities of operation of individual entities or persons.According to the tripartite division of state power - public administration, as the executive state power, apart from the legislative and judiciary, forms the structure of the state apparatus responsible for the implementation of the internal function of the state responsible for the safety of its inhabitants.It can be assumed as a universally applicable fact that every police force around the world has the same types of services, i.e. the criminal police, preventive police and police support in organizational, logistic and technical terms.In order to be able to properly cooperate on the international arena, you need to get to know your partner properly in terms of organization, personal and emotional aspects. That is why it is so important to get acquainted with the organizational structures and the possibilities of operation of individual entities or persons.

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Administracyjna „legislacja covidowa” w świetle zasad tworzenia prawa

Author(s): Maciej Szmigiero / Language(s): Polish / Issue: 34 (2)/2021

This paper evaluates Polish administrative legislation aimed at counteracting infections and a more effective fight against COVID-19, the infectious disease caused by SARS-CoV-2. This legislation is also a response to the inevitable negative social and economic effects. It takes the form of draft laws prepared by the Council of Ministers or normative acts issued by the government administration. These acts are referred to as “Covid legislation”. The broad understanding of administrative legislation presented in the article covers the procedures for drafting laws submitted to the Sejm by the Council of Ministers, regulated by the provisions of the Act of 8 August 1996 on the Council of Ministers and by Resolution No. 190 of the Council of Ministers of 29 October 2013 – Rules of Procedure of the Council of Ministers. In this context, the author analyses the procedure for the preparation of the draft law of 2 March 2020 on special solutions related to the prevention of, counteracting and combating COVID-19, other infectious diseases and the crises caused by them. The “Covid legislation” created by the government administration – both in the form of regulations and draft laws – focused many dysfunctions, which include the hasty and chaotic creation of government documents, frequent changes to regulations resulting from their underdevelopment, violation of the principles of correct legislation, including disregard to the element of social participation in the law-making process, or creation of the “law of the spectacle”. The phenomenon is exacerbated by the quick adoption of laws by the parliament, often devoid of much reflection. The urgency of creating legal regulations in the aftermath of the COVID-19 epidemic and their incidence is only a partial justification for the dysfunctions identified. The changes in the legislative procedure proposed by the author, involving the establishment of a fast-track government legislative path, which, however, does not rule out a broader evaluation of draft laws, may constitute a small, though important element in the necessary improvement of law-making standards.

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Administracyjne kary pieniężne w dobie pandemii COVID-19. Refleksje po roku stosowania

Author(s): Karolina Wierzbicka / Language(s): Polish / Issue: 1/2021

The aim of the article is to discuss the problems of the functioning of administrative financial penalties related to non-compliance with the restrictions during a pandemic. The amendment to the law on preventing and combating infections and infectious diseases introduced administrative fines. First, the principle of specificity was violated, as the regulations issued on the basis of the aforementioned Act are inappropriate due to the absence of constitutional emergency measures. Suspension of the execution of the decision was significantly limited due to the limitation of the activities of the courts and administrative authorities. and the suspension of time limits. The procedure for imposing administrative fines violates the principle of trust in public authorities and the principle of active participation of the party in the procedure. The year of application of administrative financial penalties has highlighted significant problems that will have consequences in the next few years. In practice, the administrative judiciary will be responsible for removing from legal circulation decisions imposing financial penalties.

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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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