SENJSKI STATUT IZ 1388.

Author(s): Lujo Margetić / Language(s): Croatian Issue: 1/1987

Nella prima parte (A. Senj u XIII. i XIV. stoljeću - Segna nei secoli XIII e XIV), l'autore della quale e P. Strčić, dapprima si analizza Segna durante il governo dei Templari, che avevano avuto la cittä del re Bela III nel 1180. Segna a quei tempi vantava un' organizzazione comunale abbastanza forte ed era anche sede vescovile: Nel 1239 Segna fu incendiata e saccheggiata, forse dagli stessi Templari e pare che nel 1242 venne occupata anche dai Tartari.Nel 1248 i Catalani aprono a Segna il loro consolato. Nello stesso anno Segna e Dubrovnik (Ragusa) concludono un accordo e papa Innocenzo IV concede l'uso della lingua slava nella chiesa.IIpunto centrale di questa parte e naturalmente l'incremento del potere dei conti di Veglia, soprattutto dopo il 1269, anno quando il re Bela IV riusci ad allontanare definiti-vamente i Templari dalla citta. E'interessante notare che giä qualche anno piü tardi si menzionano per la prima volta i francescani nella vita della cittä. Sotto i conti di Veglia, che nel 1271 diventano conti ereditari di Segna, la cittä consegui un forte sviluppo economico, e forse giä nel 1308 i conti di Veglia vi costruirono il castel-lo. L'attivitä dei Veneziani diventa sempre piü intensa, alcune famiglie veneziane si stabi-liscono a Segna e un po' piü tardi nella cittä c' e anche i! consolato veneziano. L'impor-tanza della cittä cresce, essa diventa uno dei porti piü importante del regno croato-ungarico ed il suo commercio si allarga fino a Dubrovnik, Ancona ecc.Dopo la morte del forte re Lodovico, avvenuta nel 1382, il conte Giovanni aiuta nella lotta la vedova e le figlie del re, e dopo la vittoria accompagna le regine oltre Segna a Zagabria (1387). Subito dopo questo avvenimento viene redatto lo Statuto.Nel 1392, Sigismondo, marito della figlia di Lodovico, conferma al conte Giovanni tutti i suoi diritti, tra 1'altro anche quelli concernente la cittä di Segna. La seconda parte (B. Senjski statut iz J388. — Lo Statuto di Segna del 1388) dell'autore L. Margetić, menziona dapprima le precedenti pubblicazioni dello Statuto e la letteratura piü importante. Contrariamente alia tesi finora accolta, l'autore dimostra che lo Statuto di Segna si articola in tre parti, la prima del 1388 che arriva fino all'art. 68, la seconda dall'art. 69 all'art. 130 fatta durante il governo del conte Giovanni tra il 1390 ed il 1393, e la terza dall'art. 131 alia fine, compilata verso la fine del 1402 e un po' piü avanti. Si prosegue con l'analisi del rapporto tra i conti di Veglia, c.d. Frankapani, e la cittä di Segna, mettendo in rilievo la circostanza che i conti di Veglia goderono fino alia fine del secolo XIII della posizione di podestä ereditari. Ma nel secolo XIV usurpano il titolo di perpetui domini cercando in tutti i modi di diventare i veri signori feudali di Segna. Ed infatti si imposero, cosi che a partire dal 1365 nei documenti cittadini li denominano domini naturales, titolo che giuridicamente aveva significato di pieno potere feudale.Si analizza poi il contenuto delle funzioni dei vari funzionari del conte (del vicecomes, potknežin, cioe visconte; dei due giudici-rettori e dai c. d. officiates, cioe organi inferiori) e della cittä (del giudice del comime; del cancellarius comunis; dei 2 naucleri, cioe capi delle contrade e degli organi inferiori quali il preco, famuli).Un' attenzione speciale e dedicata alia posizione sociale dei nobili i dei loro organi. A questo proposito si prende posizione verso le opinioni finora espresse (N. Klaić, Zjačić).Nell' analisi degli oneri degli abitanti verso i conti e verso il comune l'autore non con-divide le opinioni finora accettate e cerca di distinguere il sistema degli oneri della prima parte dello Statuto da quello della seconda. L'autore dimostra che l'art. 3 ha subito un'in-terpolazione con la quale il senso ne e stato profondamente cambiato e che il sistema della seconda parte dello Statuto, quella cioe compilata durante il governo del conte Giovanni, non e altro che il ritorno al sistema abbandonato nel 1388.Naturalmente la parte piü importante delle analisi abbraccia problemi strettamente giuridici: /) la procedura, molto simile a quelle delle altre cittä adriatiche, p. es. Venezia. E'degna di nota anche la nuoya interpretazione del termine navod; 2) il sistema penale; 3) i reati piü gravi, come l'omicidio, la violenza carnele, il furto; 4) i diritti reali e quelli del-l'obbligazione ecc.Si pubblicano:1) il testo dello Statuto in latino,2) la traduzione dello Statuto in lingua croata moderna,3) la traduzione dello Statuto in lingua croata fatta molto probabilmente giä nel corso del secolo XV. La trascrizione del 1701 non e stata eseguita per il semplice desiderio di salvarla dali' oblio, bensi per I'uso nella prassi. Pare che il vecchio esemplare sia stato danneggiato dal continuo uso e perciö sia stato necessario rinnovarlo.

ZNAČAJ NEVLADINIH ORGANIZACIJA U DONOŠENJU JAVNIH POLITIKA U BOSNI I HERCEGOVINI U VREMENU NAKON DEJTONSKOG SPORAZUMA

Author(s): Hazim Okanović / Language(s): Bosnian,Croatian,Serbian Issue: 6/2021

The main goal of this paper is to investigate the mechanisms of the influence of NGOs on public policy-making in Bosnia and Herzegovina after the signing of the Dayton Peace Agreement on December 14, 1995 in Paris. The sharp increase in the number of NGOs occurs immediately after the Dayton Accords, and according to some estimates, there were more than 1,500 at the time, which cannot be considered a large number when compared to the number of NGOs in other transition countries. Data from the Collective Register of Foundations and Associations in Bosnia and Herzegovina state that their total number is 25,646, while the number of actually active is difficult to determine.The literature so far has been presented from the non-governmental sector in Bosnia and Herzegovina to a significant extent for public policy making, as well as research results and these claims primarily based on the number of qualitative impact diaries of individual NGOs (case studies).This research paper aims at systematic research of the domain of influence of the non-governmental sector, through quantitative analysis of newly collected data on the influence of non-governmental organizations. The survey was proven at the local, cantonal, authorial and state level on a representative and stratified sample (10% - according to the statistical method) and was trained by the leadership and activists of non-governmental organizations and government officials (ministries and state administrative organizations).One of the main assumptions is that by successfully networking with organizations from neighboring EU member states, NGOs become a respectable actor in public policy-making in Bosnia and Herzegovina. In addition to quantitative analysis, this paper provides a detailed overview and theoretical analysis of civil society, NGO sector and public policies as well as a comparative insight into institutional and non-institutional mechanisms of NGO influence on public policy making in Bosnia and Herzegovina and their practical application in neighboring countries European Union. This paper contributes to a better understanding of the role of the non-governmental sector (association) in public advocacy and the analysis and comparison of current theories of the legal policy framework, structure, size, factors of development of the non-governmental sector. In addition, the paper contributes to the assessment of the current state of the mechanism of influence on the creation of public policy agendas in Bosnia and Herzegovina, the formulation of measures for internal structures and networking of NGOs and the definition of their number, structure and types.The problem of the research is reflected in the fact that the started processes of transformation and the unfinished process of transition of the Bosnian society and civil sector are, due to the war destructions, significantly slowed down. Changes in society in the pre-war phase created realistic preconditions for the development of the non-governmental sector and civil society in general, and provided a realistic basis for influencing the advocacy and creation of various public policies. In the post-war period, international donors invested heavily in the NGO sector.The subject of this research is the influence of the non-governmental sector on policy-making processes, through knowledge of institutional mechanisms, as well as the correlation of the non-governmental sector and public policies from the aspect of democracy development as an integral process in all its aspects.Given that this topic has previously been partially addressed in this context, through a systematic review of the problem and offering an adequate solution to the problem, it is necessary to re-examine the key issues. The key issues explored within this paper are how networking with neighboring EU Member States has a positive impact (has a positive association) on the importance of NGOs in advocating for public policies. In addition, the extent to which financial support from EU institutions has a positive impact on the importance of NGOs in advocating for public policies has been explored.

Wolność słowa realizowana w ramach wolności religii w Kościele Katolickim w Polsce a prawne ograniczenia dotyczące epidemii SARS-CoV-2

Author(s): Lidia K. Jaskuła / Language(s): Polish Issue: 24/2021

The present paper is an attempt to analyze the state of freedom of speech exercised during public religious practices at the time of the epidemic. The main research problem addressed in the study is whether the restrictions introduced due to the SARS-CoV-2 epidemic affect freedom of speech exercised within freedom of religion. The paper discusses the normative framework of freedom of speech exercised within freedom of religion, the restrictions on the functioning of the Catholic Church established to control the SARS-CoV-2 epidemic in Poland, and the practical consequences of these restrictions for freedom of speech in the context under discussion. The conducted analyses have led to the conclusion that restricting freedom of religion in its external dimension also means restricting freedom of speech exercised within freedom of religion. The restrictions in place in Poland do not meet the legal conditions for limiting human freedom. Therefore, it should be emphasized that in the face of the threats posed by the SARS-CoV-2 epidemic, limitations of certain rights and freedoms introduced in order to protect life and health are essentially justified, but such actions should respect legal requirements. The opposite may lead to the erosion of the law, destroy its authority, violate the rights and freedoms of individuals, and negatively affect Church-State relations. Such “standards” of public administration cannot be justified by an epidemic and it is not possible to accept them in a democratic state ruled by law.

Ocena wpływu czynnika ludzkiego jako bezpośredniej determinanty funkcjonowania obwodowych komisji wyborczych. Praktyczny zarys problematyki

Author(s): Kamil Krauschar / Language(s): Polish Issue: 34 (2)/2021

The publication presents selected issues of legal determinants of the operation of district electoral commissions and their impact on the election process. In the context of the existing code regulations, it is reasonable to review the events that took place with the participation of members of district electoral commissions in the elections held in 2018–2020 to the bodies of local government units, the Sejm and the Senate of the Republic of Poland, the European Parliament and to the office of the President of the Republic of Poland. The aim of the publication is to obtain an answer to the theses put forward herein: what determinants directly affect the functioning of the election process and what is the impact of the human factor (members of district electoral commissions) on its proper course? Additionally, it should be verified whether the current model of nominating (in fine appointing, resigning, supplementing) members to district electoral commissions requires the legislator’s interference. The analysis of the problems to date sheds light on the scope of the irregularities identified and constitutes a contribution to the introduction of legislative changes to the election law. A comprehensive approach to the topic allows insight into a practical outline of the problems noted in the course of the operation of district electoral commissions.

Formal requirements for authors of project information cards

Author(s): Jacek Krystek / Language(s): English Issue: 34 (2)/2021

The formal requirements for authors of environmental impact assessment reports have changed over time. At present, such authors are required to demonstrate specific education or professional experience. A project information card is a similar document to an impact assessment report, drafted during an environmental impact assessment. Unlike in the case of impact assessment reports, at present, authors of project information cards are not obliged to meet any formal requirements. Despite the different formal requirements applicable, both these documents can constitute grounds for issuing decisions on environmental conditions. This may allow circumvention of the main idea behind introducing formal requirements for authors of environmental impact assessment reports, i.e. the improvement in the quality of environmental studies. Therefore, if legal regulations require authors of environmental impact assessment reports to meet certain formal requirements, why should the same requirements not be demanded from authors of information cards which form the grounds for issuing decisions on environmental conditions?

Nowelizacje regulaminu Sejmu w czasie pandemii w 2020 roku. Zapewnienie efektywności działania izby czy próba ograniczenia praw opozycji?

Author(s): Piotr Uziębło / Language(s): Polish Issue: 34 (2)/2021

The introduction of the state of epidemic threat and then the state of epidemic led to the adoption of amendments to the rules of procedure of the Sejm. These amendments made it possible to hold sessions of the Sejm by means of remote communication. In practice, such meetings take a hybrid form, in which some MPs work in the debating chamber, and some remotely. It was a response to the need to ensure social distancing, which was intended to reduce the risk of coronavirus infection, and at the same time to allow the Sejm to perform its functions. The purpose of this article is to analyse whether the scope of amendments to the rules of procedure of the Sejm influenced the deputies’ ability to effectively exercise their rights. First of all, it concerns the possibility of effective execution of rights by members of the opposition. The above analysis leads to the conclusion that despite the general approval of the amendments introduced, there are solutions that deserve unequivocal criticism. This applies primarily to two modifications. The first one is the too far-reaching discretionary power of the Marshal of the Sejm regarding decisions to convene a sitting remotely. The second issue is an extremely drastic limitation of deputies’ floor time during a parliamentary debate. The latter makes it impossible to hold a comprehensive and fair debate.

Aleksandra Klich, Zawieszenie postępowania egzekucyjnego, Currenda, Sopot 2020

Author(s): Marcin Uliasz / Language(s): Polish Issue: 34 (2)/2021

II Ogólnopolska Konferencja Naukowa „Samobójstwo w prawie polskim i naukach pokrewnych”, Szczecin, 10–11 grudnia 2020 roku

Author(s): Martyna Sowa,Konrad Burdziak / Language(s): Polish Issue: 34 (2)/2021

Usługa pobrania i przechowywania komórek macierzystych a zwolnienie z VAT – glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 15 marca 2018 roku, I FSK 750/16

Author(s): Marzena Świstak / Language(s): Polish Issue: 35 (3)/2021

The health of EU citizens is undoubtedly one of political and social priorities. Therefore, for the benefit of the development of prevention and from the point of view of its innovativeness and the scope of its impact, it is essential to create a preferential legal and organisational framework (also in the form of tax preferences). Methods of prevention such as storage (banking) of stem cells, either from cord blood of new-borns or from peripheral blood of adults, appear to be a desirable tool that offers the possibility of preventing various types of diseases which are difficult to detect using traditional diagnostic methods. Intensification of preventive activity was to be facilitated by the introduction in the VAT Act of an exemption from taxation for medical entities that carry our preventive actions. However, judicial decisions of national courts, in particular the judgment of the Supreme Administrative Court of 15 March 2018, I FSK 750/16, have revealed numerous ambiguities, and thus discrepancies, which in fact may constitute a real barrier to the progress of innovative preventive methods. The purpose of this study is to propose a new, broader path of analysis of the issue and to formulate de lege ferenda postulates for possible directions of legislative actions. The court’s position on the necessity to apply a restrictive interpretation to tax exemptions is shared. However, at the level of further argumentation presented in the judgment discussed, its superficiality and internal contradiction is demonstrated. It is pointed out that following the pro-EU interpretation must not entail the crossing of normative borders of domestic provisions (including the change of the criterion of purposefulness in the premises of tax exemptions into the criterion of causal relation). The author demonstrates the negative impact of the absence of a definition of concepts such as “medical care” or “prevention” in the statute. As a de lege ferenda postulate, it is suggested that either these concepts be specified or that relevant references to regulations of lex specialis nature be included in the tax statute. Irrespective of the above, it also seems necessary to undertake legislative actions to remove the irregularities in specifying interconceptual relations (e.g. separation of “prevention” and activities consisting in “preservation of health”). The research method applied in the study largely involves an analysis of the law in force.

CRIMINAL-LEGAL PROTECTION OF NATURAL VALUES IN THE REPUBLIC OF SERBIA

Author(s): Nataša M. Tomić-Petrović / Language(s): English Issue: 4/2021

Already in 1764, the Italian judge Cesare Becari stated in his work "Debate on Crimes and Punishments" that the purpose of law, justice and prison sentences should be conversion rather than punishment of criminals. Ingenious people move the world - they make it better and more beautiful. Of all living beings, only man can be adorned with ethics.The universe is moving towards the future. Today, Europe focuses on energy security, green energy and sustainable development. People learn from nature. The second year of the pandemic, caused by Covid 19 as a planetary evil, is passing. Unfortunately, the wave of pandemics by Covid-19 is spreading, although Serbia has a good national health policy. It is also planned to open a vaccine factory in Zemun. In Serbia, too, the pandemic leaves a trace on all aspects of our lives. In addition, we are aware of many dramatic changes in nature, we are also facing air pollution, especially in the capital, while the largest environmental project will be a new landfill for disposal of municipal waste in Belgrade and new regulations for noise protection are emphasized.

PROFESSIONAL DEVELOPMENT AND LEGISLATION ON TEACHER TRAINING IN INCLUSIVE EDUCATION

Author(s): Sorina Mihaela Bălan / Language(s): English Issue: 4/2021

This paper begins with the presentation perspectives of inclusive education policies, highlighting the fact that education for children with special educational needs is experiencing significant developments in Europe. Thus, the countries of the European Union are followers of the realization of education according to the principle of integration of people with special educational needs. The effective implementation of inclusive education involves the proper training of the main actors of the educational process, an important role having the training of teachers. The skills required of a support teacher are methodological skills, communication and relationship skills, psycho-social skills and career management skills. Models of training of existing teachers in the states that have the experience of inclusive education, in the United States of America, Great Britain, Spain, are presented. Italy, Germany, Republic of Moldova. A distinct part of the paper refers to the legislation on inclusive education and the organization of educational support services for children, pupils and young people with special educational needs integrated in mainstream education in Romania. A section dedicated to legislation on inclusive education in Italy is followed by information on how to become a support teacher in Italy.The case study addresses the situation of diplomas obtained in other European countries and not recognized in Italy. Reasons are given for rejecting the files of graduates of Spanish and Romanian specialization courses in support of students with disabilities. The echoes and opinions regarding the recognition of studies and the admission in the teaching staff of Italians who have completed their studies in European countries are presented from two perspectives: the first of Italian citizens who obtained the qualification for support teacher in Italy and the second perspective of those who have obtained qualifications in other EU countries. The case study are presented the emergencies in protection of the rights deriving from obtaining the qualification, recognized according to the International System for the Recognition of Qualifications. In conclusion, it is a right of every European citizen to take courses in the EU and be recognized in their country of origin but the recommendation is that graduates of such courses should know that there is no European system for automatic recognition of university diplomas.

Świadczenie pracy poza miejscem jej stałego wykonywania – uwagi na tle ustawy z dnia 2 marca 2020 r. o szczególnych rozwiązaniach związanych z zapobieganiem, przeciwdziałaniem i zwalczaniem COVID-19

Author(s): Mateusz Hypiak / Language(s): Polish Issue: 36 (4)/2021

The purpose of this article is to explore the doubts raised after the legislator’s adoption of a new labour law measure in the Act of 2 March 2020 on special solutions related to the prevention, counteracting and combating of COVID-19 – the order to perform work outside the permanent workplace. First, a detailed analysis of said order is presented, followed by an examination of practical problematic issues in applying the law. Selected normative acts and relevant literature are reviewed to this end. It is ultimately concluded that employers need to consider specific health and safety obligations and GDPR when ordering remote working. It is also highlighted that work-related accidents are a critical problem in the context of health and safety regulations and remote work. The issue of disrupting the work-life balance is discussed, too. The article also demonstrates that the introduction of the order to perform work outside the permanent workplace into the Labour Code is a matter of time.

Działalność Rzecznika Praw Lekarza w okręgowej izbie lekarskiej w świetle przepisów prawa

Author(s): Sebastian Stykowski / Language(s): Polish Issue: 36 (4)/2021

The professional self-government of doctors, striving to defend the individual and collective interests of doctors, appointed the Ombudsman for Doctors’ Rights, following the example of the Patient Ombudsman. Persons acting as doctors’ advocates are appointed within the structure of each medical chamber. Due to the lack of statutory regulations, until recently, this function was limited to organizing legal advice or applying to the chamber’s organs for taking specific positions on the issues of violating the rights of doctors. The aim of this article is to analyze and assess the real competences of the Ombudsman for Doctors’ Rights as an entity appointed by a resolution of a medical chamber, and not by a normative act, and to indicate whether such an entity is actually necessary in the structures of medical chambers and whether it should be introduced to such structures, and, consequently, whether it requires statutory regulation. The research method applied is based on the analysis of the current legal status regarding the professional self-government and of its possibility to perform tasks given to it by the legislator. The method also intends to formulate possible de lege ferenda postulates.

Importanța stabilirii naturii juridice a sancțiunilor pecuniare aplicate în alte state membre ale Uniunii Europene și recunoscute în România, în temeiul Deciziei-cadru nr. 2005/214/JAI

Author(s): Andrei-Dorin Băncilă / Language(s): Romanian Issue: 1/2020

The establishing, by the national court, of the judicial nature of the financial penalty that is to be recognised and enforced according to the mechanism introduced by the Council Framework Decision 2005/214/JHA, is particularly important in order to identify the legal regime of the enforcement, with everything it entails, so that acts that are not incriminated by our domestic criminal law shall not be unnecessarily treated as unlawful acts and also for the imputation of the partial enforcement.

Zasada trójpodziału władzy a tak zwane specustawy inwestycyjne konkretnego celu – refleksje w przedmiocie granic pomiędzy stanowieniem a stosowaniem prawa

Author(s): Sławomir Pawłowski / Language(s): Polish Issue: 3/2021

The article deals with the issues of the increasingly common adoption of the so-called one-off special investment laws. Initially, these exceptional means were sporadically employed, but in recent times their use has become more commonplace (Central Communication Port, the Vistula Spit cut, etc.). The adoption of such laws is juxtaposed with the principle of the separation of powers, which is organically linked to the freedom of the individual and possible violations of this freedom. The study presents the thesis that the acts regulating the implementation of the indicated investments do not meet the characteristics of abstraction. They contain general-specific norms constituting the domain of the executive, not legislation, and consequently they are closer to general acts of law application (general administrative acts) than to normative acts. Their adoption may therefore constitute an abuse of the law, as the implementation of such investments in this manner violates, inter alia, the right to a fair trial. The study mainly uses the comparativelegal method, in particular the rulings of the Czech constitutional court, which twice negated thepossibility of passing incidental laws on a specific case.

Sektor małych i średnich przedsiębiorców a metodyka projektowania aktów normatywnych w prawie polskim

Author(s): Rafał R. Wasilewski / Language(s): Polish Issue: 3/2021

The article briefly presents the concept and specificity of the SME sector, indicating that legal conditions may constitute a barrier to the creation and development of this sector of enterprises. On the basis of the established legal barriers, actions of the EU and national bodies aimed at the elimination of these barriers in the context of the legislative process are indicated (e.g. the Small Business Act, the Strategy for Responsible Development until 2020 (with a perspective until 2030)). The study also analyses the provisions regulating the principles of legislative technique and normative acts in the area of economic law relating to the methodology of legislative work. The result of these studies is the finding that in Article 66 sec. 1 point 2 and art. 68 of the Entrepreneurs' Law, the special position of the SME sector has been emphasized and solutions have been introduced that make it necessary to take into account the specificity of these enterprises atthe stage of designing normative acts.

Podmiotowość komitetu obywatelskiej inicjatywy uchwałodawczej w gminie

Author(s): Beniamin Rozczyński,Adrian Misiejko / Language(s): Polish Issue: 3/2021

The 2018 amendment to local government laws introduced the institution of citizens’ resolution committees into the legal system, closely related to the exercise of the rights of inhabitants. The regulations do not explicitly define the legal nature of these creations. Thanks to the analysis of the provisions, it is established that the committees can be considered as specific entities of administrative law with a limited scope of activity. They do not have subjectivity within the meaning of civil law.

Seminarium „Przyszłość Europy: jak odpowiedzieć na wyzwania?”, Szczecin, 15 czerwca 2021 roku

Author(s): Agata Szwed / Language(s): Polish Issue: 36 (4)/2021

Legitimizing pre-emptive data surveillance under the EU law: the case of the PNR Directive

Author(s): Julia Wojnowska-Radzińska / Language(s): English Issue: 1/2021

The paper analyses the PNR Directive as pre-emptive data surveillance practice. The 2016/681 Directive regulates the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. It obliges airlines to hand national authorities passengers’ data for all flights from third countries to the EU and vice versa, but Member States can also extend it to ‘intra-EU’ ones (i.e. from an EU country to one or more other EU countries), provided that they notify the EU Commission. Thus, PNR Directive affects all passengers who arrive in the territory of one Member State originating from a third country, or who depart from a Member State’s territory to a non-EU country, including any transfer or transit flights. Using PNR data, the individual is profiled and encoded in terms of degrees of risk.

Instytucja współdziałania materialnego w wydawaniu aktów administracyjnych na przykładzie wybranych porządków prawnych – Polski i Republiki Federalnej Niemiec

Author(s): Lucyna Staniszewska / Language(s): Polish Issue: 1/2021

The article focuses on the issue of cooperation between public administration bodies, which aims to improve the administration. Cooperation is primarily a legal obligation, to the extent specified in a substantive legal norm, and the cooperating body is obliged to take this action in the appropriate form. In the discussed legal orders – Polish and German – there are many forms and gradations of cooperation. The article discusses issues associated with the legal nature of participation acts, as well as the auxiliary nature of the proceedings before the body obliged to take a position. The issue of the participation of the parties to the main proceedings before the cooperating body and models of judicial review of the act of participation are discussed. The conclusion of the article boils down to the thesis that the legislator needs to rethink the model of cooperation in Polish law, but also to improve the practice of its application.