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UPRAVNO-PRAVNI OBLICI KONTROLE I NADZORA ZATVORSKIH USTANOVA U BOSNI I HERCEGOVINI

Author(s): Kenan Kapo / Language(s): Bosnian,Croatian,Serbian Issue: 1-2/2016

Reason(s) for writing and research problem(s): Control work involves evaluating results. Consequently, the work of administrative bodies can be assessed two important aspects of the work. One is the law and the other expediency. The paper analyzes the administrative and legal forms of control and supervision of detention facilities in Bosnia and Herzegovina. Aims of the paper (scientific and/or social): The scientific contribution of the paper is to show the importance of administrative and legal control and supervision of detention facilities in Bosnia and Herzegovina. So it can assess whether they are in the performance of the administration complied with the Constitution and laws, but also can make and score as much as in the performance of these tasks accomplished by the general interest. The social objective of this study was to refer to the importance of complying with the procedures administrative and legal control and supervision in order to provide better development of the organization of detention facilities. Methodology/Design: The paper will be used different methods in order to meet the basic methodological requirements, such as objectivity, universality, reliability and thoroughness. As for the method of data collection, which includes the classification and processing of the data and conclusions based on them, was used to analyze the documents. Research/paper limitations: Presentation of the problem is limited to the presentation of the administrative and legal forms of control and supervision of detention facilities in Bosnia and Herzegovina. Results/Findings: It turned out that the control and supervision imply: control over the work of the institution, acting in terms of human rights, administrative inspection and control of the application of regulations, the legal definition of control in the work of the penal institutions in the Federation, supervision by the Federal Ministry of Justice and the views of the Independent Commission for monitoring conditions stay in prisons, treatment and respect of human rights of persons subjected to criminal sanctions, and presenting the role of the institution of Ombudsman for human rights. General conclusion: Administrative law is the constant companion of everyday life of people and therefore it is important that the work of the state administration to be legitimate, efficient, transparent and controlled. It can therefore be concluded that the administrative and legal control and supervision of detention facilities in Bosnia and Herzegovina one of the key factors for quality functioning of detention facilities.

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Problem rewindykacji kościelnej nieruchomości Polskiego Kościoła Ewangelicznych Chrześcijan Baptystów we Wrocławiu

Author(s): Michał Zawiślak / Language(s): Polish Issue: 23/2020

The main aim of the paper is to present the course of the restitution proceedings concerning the church property of the parish of the Polish Evangelical Christian Baptist Church in Wrocław, as well as to analyse the administrative decisions issued during the proceedings. Special attention is given to the legal issues related to applying art. 2 para. 4 of the decree of 8 March 1946 on abandoned and post-German properties and to the consequences of the resolution of the Supreme Court of 19 December 1959 for the legal effects in the interpretation of art. 2 para. 4 of the decree. A definitive decision on this issue that refused to grant the right of ownership to the Church was issued only 13 years after the restitution application had been submitted. The excessive duration of the proceedings was confirmed by the judgment of the European Court of Human Rights (Application no. 32045/10). The Second Congregation in Wrocław (the legal successor of the above-mentioned parish) did not recover the property lost after World War II under the provisions of the act regulating the legal situation of the Church of Christian Baptists in the Republic of Poland. A close examination of the circumstances of the lengthy restitution litigation indicates that in order to resolve the question of the right of ownership of this property, it is necessary to pursue another route than the administrative one.

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Claims secured by a registered pledge in sanation proceedings

Author(s): Rafał Adamus / Language(s): English Issue: 28 (4)/2019

This study concerns the legal situation of a receivable secured by a registered pledge in a debtor’s sanation (restructuring) proceedings. The registered pledgee has a special position in the course of such proceedings. The study discusses the rules of subjecting the receivable secured by the arrangement, the rules of preparing and contesting the list of receivables, and finally the rules of satisfying the pledgee.

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Judgment of the Court of Justice of the European Union of 19 November 2019 – selected comments

Author(s): Bogna Baczyńska / Language(s): English Issue: 28 (4)/2019

The changes introduced into the judiciary system within the last few years have actually led to the infringement of the principle of a tripartite division of power – Poland is inclining towards authoritarianism. The Constitutional Tribunal affected by formal changes and (partially) filled with persons who cannot guarantee independence – has ceased to perform their constitutional functions and ensure the constitutionality of laws long time ago. The “reforms” have already had impact on the judiciary authority, i.e. the courts. The above-described situation alerted the international opinion, thus, apart from the individual countries, many international organisations have also voiced their concerns. From among of the aforesaid organisations, the European Union (EU) is responsible for the key task. The changes in the structure of the Supreme Court and National Council of the Judiciary have become the subject of the preliminary procedure addressed to the Court of Justice of the European Union. In response thereto, the European Court of Justice located in Luxembourg stated that the cases concerning judges may not be tried by the court which is not independent or unbiased. The preliminary procedure is based on conciliation, which guarantees uniform application of Community law in all Member States. Therefore, it is always the national court that is responsible for the final resolution of the case. In the analysed case, it is the Supreme Court.

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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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Произведения, създадени в рамките на трудови правоотношения

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 9/2019

The research and analysis of the creative achievements created in the context of employment, have always asked a number of questions related to the nature of these works, with the rights that arise for the employer and author, with the manner of their enforcement and payment of fair remuneration. The institute of the offi cial work is established both in the system of copyright and in industrial legislation. It is a means of regulating the relationship between employer and creator. Theory and practice increasingly determine the need for deeper and more comprehensive regulation of these relations and overcoming the existing gaps.

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За заплатите на народните представители и извънредното положение

Author(s): Ekaterina Mihaylova / Language(s): Bulgarian Issue: 9/2019

In the paper under consideration is the issue of the salary of the members of the Bulgarian National Assembly as a part of the development of parliamentarism. The topic is firstly considered in a historical perspective, including the legal regulation in the various Bulgarian constitutions. The current legal regulation is analysed as well as the decision of the National Assembly taken during the state of emergency, according to which decision it is accepted not to pay salaries to the members of the National Assembly as well as to persons in the executive power in the context of whether this decision is in consistency with the norms of the Constitution or not.

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Born to Polish same-sex parents – a case study. A human rights perspective on birth certificate transcriptions

Author(s): Karolina Mendecka / Language(s): English Issue: 32 (4)/2020

This article is a case study regarding a recent resolution of the Supreme Administrative Court in Poland (the SAC). The Court found that a transcription of a foreign birth certificate, in which two people of the same sex are registered as parents, is not allowed under the Polish law and is contrary to ordre public. This paper focuses primarily on two aspects regarding the resolution. First, it addresses whether the best interest of the child principle was given due consideration. Second, it analyses whether the possible discriminatory treatment on the grounds of sexual orientation of the parents was adequately examined, with particular reference to the jurisprudence of the European Court of Human Rights (the ECtHR). This paper is divided into four parts. The background information pertaining to the issues at stake as well as the case itself are addressed in Part 1. Part 2 briefly summarises the SAC resolution and the judgement. Part 3 concentrates on deconstructing the best interest principle as an international and national standard. In Part 4 the ECtHR case-law is examined in order to provide a human rights perspective on the matter. This article concentrates on providing the perspective of a child and on the jurisprudence of the European Court of Human Rights, as it is a well-recognised international law-applying body that raises the threshold and quality of respecting human rights in the European continent. The final part summarises the paper and presents the conclusions. It is going to be demonstrated that in light of the ECtHR jurisprudence, the SAC failed to adequately analyse that a difference in treatment of same-sex parents in comparison to other unmarried couples is reasonable, pursues a legitimate aim and that the treatment is proportional. Moreover, it will be argued that the SAC unsuccessfully demonstrated why primacy had been granted to the interest of the state and public order, instead of that of a child. The main goal of this paper is to highlight the importance of endorsing the child’s perspective and the compelling need to carefully consider the child’s best interest – in each and every case that involves their fate. In order to achieve the purpose of this study, the research is based on the evaluation of the universal human rights documents relevant to the topic, as well as the analysis of the ECtHR jurisprudence related to the subject.

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Plans of protection tasks for Natura 2000 areas and local spatial policy

Author(s): Maciej J. Nowak,Paulina Legutko-Kobus / Language(s): English Issue: 30 (2)/2020

The aim of the paper is to define the key spatial conflicts regarding planning relations between the plans of protection tasks for Natura 2000 areas and local tools of spatial policy. The contents of all administrative court’s decisions related directly to the plans of protection tasks for Natura 2000 areas are analysed. The judgements issued in 2010 – 2019 are taken into account. Sixteen of such judgements have been distinguished in the Central Database of Judicial Decisions of the Supreme Administrative Court (in principle, grouping all of such rulings). They are classified, and the allegations made in the cases, as well as the contents of specific plans of protection tasks, are analysed. A quantitative and qualitative analysis of the contents of the judicial decisions is conducted. Based on the analyses carried out, two main conclusions can be drawn up: –– on the occasion of spatial conflicts pending before administrative courts, related to the contents of plans of protection tasks for Natura 2000 areas, space users, as a rule, submit very similar objections to those concerning the direct tools of spatial policy; –– the contents of plans of protection tasks directly related to the contents of spatial policy tools are very often underdefined both in subjective and formal terms.

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Body check or extrajudicial search – chaos in the Police Act

Author(s): Aneta Kamińska-Nawrot / Language(s): English Issue: 29 (1)/2020

A body check is a measure that is usually carried out in the event of a reasonable suspicion of a crime, i.e. when there are grounds to institute criminal proceedings. Moreover, the Police Act has never determined the limits of Police interference with the constitutional rights and freedoms of an individual, nor did it identify any adequate measures to protect the checked persons. These limits were determined by the provisions of the Regulation,1 according to which the Police could not uncover the parts of body covered with clothes. The Constitutional Tribunal recognised these provisions as inconsistent with the Constitution of the Republic of Poland2 and ordered that the definition of a body check, determining the limits of Police interference with the rights and freedoms of an individual and authorising the person subject to a body check to appeal to the court against the decision of the Police, be included in the Police Act. The amendment to the Police Act and other acts,3 which implemented the judgment of the Constitutional Tribunal, authorised the person subject to a body check to have the actions of the Police verified by an independent court, but at the same time, it expanded the scope of Police interference with the rights and freedoms of an individual. The legislator of the Police Act and other acts did not remove the one prerequisite that simultaneously triggered a body check and the search of a person, but instead added other prerequisites that broadened the scope of Police measures in this respect. The limits of Police interference with the rights and freedoms of an individual were also expanded to include a check of the oral cavity, nose, ears and hair of the person subject to a body check and, in special cases, also their private body parts, which the Police officer may check visually or manually. The purpose of this paper is to show that the provisions of the amended Police Act and other acts, to a large extent, failed to meet the provisions of the Judgment of the Constitutional Tribunal of 14 December 2017. Its extensive, non-transparent provisions broadened the authority of the Police to arbitrarily determine the limits of interference with the rights and freedoms of an individual, thereby eradicating them. The analysis of the amended Act and its implementing acts, as well as the statement of reasons for the draft Act, confirm the thesis that the amended provisions transformed a body check into an extrajudicial search.

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CONSTITUTIONAL COURT OF ROMANIA AND OF THE REPUBLIC OF MOLDOVA CASE LAW ABOUT THE RIGHT OF A PERSON AGGRIEVED BY A PUBLIC AUTHORITY

Author(s): Cătălin-Radu Pavel / Language(s): English Issue: 1/2021

The present article aims to present selective aspects regarding the Constitutional Court of Romania and of the Republic of Moldova case law about the right of a person aggrieved by a public authority. The right of a person aggrieved by a public authority is constitutionally guaranteed in Romania and in the Republic of Moldova. The constitutional guarantee of the right of a person aggrieved by a public authority represents the constitutional legal basis of assuming the responsibility of the public authorities before the citizen, respectively before the injured person in a right or in a legitimate interest, having as consequence his legal protection, the latter, by cancelling the disposition and repairing the damages. The methods used in drawing up this study are: the comparative method, the historical method, the logical method, the sociological method and the quantitative method. The results of this research have highlighted selective aspects regarding the Constitutional Court of Romania and of the Republic of Moldova case law about the right of a person aggrieved by a public authority.

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The right to file a complaint by environmental organisations in administrative court proceedings as an example of the Europeanisation of national legal systems.

Author(s): Zuzanna Helena Stawińska / Language(s): English Issue: 12/2020

In this study, the author attempts to raise the issue of Europeanisation of national procedural law as exemplified by the right to file a complaint by environmental organizations in administrative court proceedings under Polish and German law. The process of Europeanisation takes place in all areas of national law, also in the absence of a clear competence for the European Union to establish a specific type of legislation. The right to file a complaint by environmental organisations is objective in nature. The implementation of EU regulations in German law resulted from the necessity to introduce a completely different model of the right to file a complaint than the right that has already been in force, i.e. the subjective right. The Polish legislator also had to reshape the form of the right to file a complaint by environmental organisations, which, in essence, differs significantly from the form of the right of social organisation, despite classification of environmental organisations into a group of social organisations.

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Robot rights: Where science ends and fiction starts

Author(s): Anna Wodecka / Language(s): English Issue: 12/2020

Artificial intelligence (AI), thanks to pop culture, is widely identified with robots or humanoid machines that take control over humans. Even though we might be feared of the new technology or the questionable social and ethical issues that arise from it, AI is developing rapidly which makes it a priority in the cognitive economy. Consequently, processes or services performed without any help from humans can no longer be considered as a part of the distant future. According to public opinion research from last year, conducted for IBM by NMS Market Research, 92% of Poles have heard of AI and 8 out of 10 expect it to be used more broadly. Efficient legislation can ensure the correct and regulated development of new technologies whilst inefficient legislation or the complete lack thereof can halt and even completely cease further research, or make the usage of AI significantly difficult in both social life and the economy. This paper is an attempt at placing national legislation concerning AI in the context of the legislation of the EU and other countries. I will attempt to answer the question of whether it is possible to introduce into legislation a technology whose usage and full potential are yet unknown. Is AI, in terms of the law, a scientific fantasy or can it be regulated? I have analysed soft law on which some general regulations and future law recommendations are based. Currently, AI is only restricted by single provisions as there are no regulations that can be used in a complex manner in the area of new technology.

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Modele polityki turystycznej jako stymulator rozwoju sektora turystycznego

Author(s): Paweł Staszak / Language(s): Polish Issue: 4/1/2018

In the last years of the 20thand first of 21st century, many reports and other elaborations were published indicating that tourism is not only one of the largest areas of the global economy, but also a special determinant of modernity and a measure of living standards. Its proper development requires the coordination of many activities carried out in various sectors of the economy, which is possible only when the development takes place in a planned way. Countries and reception areas in which tourism has been allowed to develop in a spontaneous way experience many problems: social, economic, ecological, cultural etc. Therefore, currently the vast majority of countries conduct their own tourism policy, although its objectives, scope, forms and instruments of implementation can differ significantly. The aim of the study is to analyze selected models of tourism planning and tourism policy taking into account the recently observed phenomenon of globalizationand decentralization. The research method includes the analysis of the literatures subject and the own conclusions formulated on its basis.

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Wspólnoty lokalne w kształtowaniu procesów rewitalizacyjnych

Author(s): Marta Szaja,Magdalena Ślebocka / Language(s): Polish Issue: 4/1/2018

The main goal of the paper is to present the significance of social participation in revitalization process in urban areas. On the basis of the available literature and source documents of the city of Łódź, the paper discusses the basic financial sources of financing revitalization projects and the social challenges that local authorities face when trying to resuscitate degraded areas.

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Rola samorządu terytorialnego w procesie kształtowania produktu turystycznego na przykładzie miasta Gdyni

Author(s): Marzena Wanagos,Izabela Grajek-Czabajska / Language(s): Polish Issue: 4/1/2018

The main task of the territorial self-government is to manage resources positively. The management process includes both the creation of specific goods and services, but also their proper use. The presented study is an attempt to initiate a discussion on the problems of tourist product management (understood as an offer of a given local government unit) and aims to indicate the role of local self-government in this area. The subject of consideration are the tasks of self-government units undertaken for the development of a tourist product. The aim of the study was to identify, analyze and evaluate the activities of local self-government bodies. The city of Gdynia is presented as an example. Against the background of legal aspects and possibilities of territorial self-government tasks related to the development of the tourist, activities in this area were presented in the city of Gdynia and were evaluated by the tourist industry conducting its activity in this city. All field studies planned for implementation fell on 2018. The tests were carried out using the diagnostic survey method. An interview with an employee of the Gdynia city office and a survey with representatives of the tourist industry was carried out – 67 entities presented their opinion on the activities undertaken by the local government. The results of the research were subjected to statistical analysis and then conclusions were drawn. The research shows that industry representatives highly appreciate the involvement of authorities in the development of entrepreneurship and the support of enterprises. This also affects the development of tourism enterprises. However, direct tourism support is assessed low. The activities undertaken are occasional and do not take advantage of the city’s potential. Tourism is not the main direction of development in the city’s policy.

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Przychody zwrotne i ich przeznaczenie w JST województwa zachodniopomorskiego w latach 2014–2017

Author(s): Jolanta Włodarek / Language(s): Polish Issue: 4/1/2018

Self-government units, which have carried out investment projects with the share of European Union funds, were forced to provide part of the investment financing on their own. Generally, this financing signified that self-governments have incurred debt obligations. The aim of the article is to assess the use of refundable revenues by self-government units based on the example of the West Pomeranian Province in the period of 2014–2017.

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OSSERVAZIONI SULLA ‘RUPTIO TESTAMENTI’ E SULLA RILEVANZA DELLA VOLONTÀ TESTAMENTARIA IN DIRITTO ROMANO

Author(s): Roberta Marini / Language(s): Italian Issue: 2/2020

The relevance which, in the different legal orders, is recognised to the testamentary autonomy is a matter of policy of law. If the nowadays civil law recognises a full possibility to revoke testamentary provisions – based on the strong recognition of the testamentary autonomy as deriving from the ‘sovereign’ value of the human will – the Roman law model of the ruptio testamenti provides interesting elements for further considerations. Within the ius civile, the testamentum seems to be connected to a strong idea of typicality which does not seem to be so easily possible to be overcome by a subsequent will of the testator however expressed.

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OFFICIUM, MUNUS, HONOR: РИМСКОПРАВНИ ПРЕЦЕДШЕСТВЕНИЦИ НА ТЕРМИНА ЗА СЛУЖИТЕЛ И НЯКОИ ДРУГИ АДМИНИСТРАТИВНОПРАВНИ КАТЕГОРИИ

Author(s): Elena Quintana Orive / Language(s): Bulgarian Issue: 2/2020

The article examines some terms such as officium, munus, honor, used in roman legal and literary sources and which correspond broadly with its own terms of modern administrative law such as public function, public office or employment or competence.

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Participation of tenants and the quality of management services of communal apartments

Author(s): Michał Dziadkiewicz,Paweł Cichowski / Language(s): English Issue: 2/2018

The article is devoted to the participation of tenants in the management of communal dwellings of local selfgovernment units. The article highlights the impact of this participation on the quality of management of municipal housing. The share of tenants in management was presented on the basis of solutions adopted by the manager of the housing stock of the Municipality of the City of Częstochowa – ZGM TBS Sp. z o.o. with regard to recovery procedures. The results of the study carried out by this Company in terms of that procedure are also discussed herein, taking into account the causes of the debt. The article also elaborates on the issue of public tasks resting on municipalities together with an indication of the legal acts on the basis of which these tasks were imposed on municipalities. The forms in which the implementation of public tasks is acceptable, and in particular tasks of satisfying the housing needs of the local community, are also presented here.

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