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La transposition du Conseil dÉtat français dans le Duché de Varsovie (1807–1813). Aux origines de la proximité juridique franco-polonaise (acte 2)

Author(s): Anna Klimaszewska,Sylvain Soleil / Language(s): French Issue: 1/2023

Despite drawing on French culture in earlier centuries, it was not until Napoleon created the Duchy of Warsaw in 1807 that a flood of direct and indirect transpositions of French institutions and legal solutions affected Polish lands. Under radically different socio-economic conditions, however, they frequently evolved differently from their country of origin, more than once in an unexpected direction. This article is a part of a series of publications in which, by comparing two different optics for analysing the same phenomenon, the authors encourage us to abandon national subjectivism in favour of a more objective dialogue. Indeed, the same reality can give rise to several interpretations, especially when it comes to the transposition of legal models from one country to another.

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Military and Civilian Requisitions in Light of the Rulings of the Supreme Administrative Tribunal from 1923 to 1931

Author(s): Marcin Konarski / Language(s): English Issue: 1/2023

The institution of military and civilian requisitions is inextricably linked with the obligation to comply with public burdens and contributions, and it may be applied both in wartime and in peacetime. In-kind contributions in the form of requisitions by competent State authorities of items necessary to serve an unspecified public purpose, usually to meet the needs of the army, have from time immemorial been among the most onerous burdens to benefit the State. Requisitions – the subject of this analysis – constitute a means of searching for items that are of interest to the army and are a direct form of duty imposed on individuals to make them contribute to the public administration, thus constituting a breach of the principle of the inviolability of private property rights. The main focus of this discussion, however, is not an analysis of the substantive legal aspects concerning requisitions, but an analysis of the body of administrative rulings on these matters. Military requisitions constituted the basis of the system of wartime contributions that gave the State, through authorised bodies, the right to demand these contributions from the population, in particular the right to transfer to the State, in return for payment, ownership or the right to use movable and immovable property, directly or indirectly needed for the purposes of supplying the army and the state upon the outbreak of war or the ordering of a partial or general mobilisation. Some cases that found their way to the Supreme Administrative Tribunal in the first years of its existence resulted from complaints against the activities of military requisitioning bodies, mainly during the Polish- -Bolshevik War. Civilian requisitions, on the other hand, became the subject of the rulings of the Supreme Administrative Tribunal as a result of complaints over the obligation to provide housing for servicemen and civilian officials in the first years of a reborn Poland, the direct cause of which should be attributed to the dramatic shortage of housing during the first years after the end of the First World War.

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Z dziejów sądownictwa administracyjnego na Górnym Śląsku w czasach II Rzeczypospolitej. Sprawa Józefa Kormana przeciwko Dyrekcji Policji w Katowicach

Author(s): Marian Mikołajczyk,Grzegorz Nancka / Language(s): Polish Issue: 1/2023

The article aims to show the practice of the Voivodship Administrative Court in Katowice, operating during the Second Polish Republic, which – in a broader context – will allow for an assessment of its activity. The Voivodship Administrative Court in Katowice, which was established only in 1922 after the annexation of part of Upper Silesia into the Republic of Poland, has not yet been subjected to a comprehensive analysis. Research into its operation is not facilitated by the small number of surviving files, which were heavily depleted in the process of disposal. The preserved case files, which are very few in number, provide insight into the course and results of disputes adjudicated before the Voivodship Administrative Court. One of them is the case of Józef Korman v. the Police Directorate in Katowice, which is the subject of this study. It is an interesting case study for a number of reasons. This is primarily because it was one of the few cases heard before the Highest Administrative Tribunal in Warsaw as a result of an appeal filed against the judgment of the Voivodship Administrative Court in Katowice. The study is based on the case files preserved in the State Archive in Katowice, sources of law of that time and specialist literature. The article uses a historical-legal methodology.

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State and Law in the Thinking of Sylwester Zawadzki (1921–1999). A Few Reflections in Connection with the Establishment of the Supreme Administrative Court in 1980

Author(s): Michał Patryk Sadłowski / Language(s): English Issue: 1/2023

This paper presents a discussion of selected issues related to the state and law in the thinking of Sylwester Zawadzki (1921–1999) a lawyer and state activist of the People’s Republic of Poland. The text includes reflections on the sources of his worldview and the course of his academic and professional career, and, most importantly, on the content of selected research and observations, of which this co-founder of the Supreme Administrative Court was the main contributor. The purposes of this paper include showing the sources of S. Zawadzki’s intellectual, scientific, and political inspirations that may have influenced and determined his commitment to the establishment of the administrative court system in the People’s Republic of Poland at the end of 1979 and beginning of 1980. There is no doubt that S. Zawadzki then played one of the key roles in the process of establishing this judicial institution in the political system of the People’s Republic of Poland. By virtue of his position and connections in the Polish United Workers’ Party (PUWP), he played perhaps the decisive role that helped break the resistance of some groups in the government, led by Prime Minister Piotr Jaroszewicz. In this regard, the paper also aims to recall the achievements of this lawyer and provide materials for further research on the biography of S. Zawadzki, as well as his teachers and colleagues. The paper is based on S. Zawadzki’s memoirs, his scholarly and journalistic publications, the publications of his teachers and colleagues, as well as selected archival materials (including those from the Archives of New Records and the Archives of the University of Warsaw).

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Constitution of the Kingdom of Serbia from 1888

Author(s): Sanja Savić / Language(s): English Issue: 1/2023

In the paper, the author analyzes the adoption procedure, characteristics and significance of the Constitution of the Kingdom of Serbia from 1888. After the Kingdom of Serbia acquired the status of an independent and sovereign state by the decision of the Congress of Berlin, all restrictions regarding its constitutional arrangement disappeared. Emphasizing that the constitution of 1869 was passed illegally during his childhood, and that it gave the people too much freedom, King Milan Obrenović initiated the adoption of a new constitution. Created as a result of a political agreement between King Milan and the Radical Party, the constitution was supposed to secure the interests of both parties, i.e. the survival of the ruling dynasty on the throne and the introduction of a parliamentary system. The constitution was intended to establish a balance between the rights of the people, the ruler and the assembly. By arranging the political system of the state on the principles of parliamentarism and democracy, which sought to satisfy the interests of different layers of the Serbian citizenry, and by providing favorable conditions for further democratization of political life, the constitution of 1888 represented one of the most advanced constitutions in Europe at that time. However, practice has shown that parliamentary democracy requires a more developed social environment than the one that existed in the Kingdom of Serbia at the end of the 19th century.

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Przekazanie sądowi powszechnemu sprawowania kontroli administracji publicznej jako odstępstwo od kognicji sądów administracyjnych na przykładzie Sądu Ochrony Konkurencji i Konsumentów

Author(s): Robert Frey,Elżbieta Małecka / Language(s): Polish Issue: 2/2023

The goal of the article is to present the historical development of the exception from the rule of the court administration review by administrative courts, which is the transference of its conducting to the Antitrust Court (currently the Court of Competition and Consumer Protection). The additional goal is to answer the question of the grounds of the transference to a popular court the jurisdiction in antitrust cases, and then in regulatory cases. Two theses were formulated by the authors. The first thesis states that the Polish antitrust court model were based on the liberalization processes. The second thesis assumes that, despite faulty solutions in the procedural area, the functioning of the jurisdiction of the Court of Competition and Consumer Protection contributed to the development of competitive economy in Poland. The authors begin their consideration with the Act from 17th March 1921. The Constitution of the Republic of Poland (the so-called March Constitution) and the Act of 3rd August 1922 on the Supreme Administrative Tribunal. In addition, they analyze the liberalization processes that took place in Poland after the changes of 1989. The second part covers the genesis of the Competition and Consumer Protection Court, the evolution of the jurisdiction of the Antimonopoly Court from 1990 to 2017 and the analysis of the issue of hybrid appeal proceedings. In this part, the authors refer to draft laws, transcripts of the sittings of the Sejm of the Republic of Poland and analyze the statistics of the case law of the Court of Competition and Consumer Protection from 1992 to 2020. The deliberation shall be based on legal regulations and scientific papers. The analysis shall focus on the proposed bills and on the related legislative process. The following methods were applied in the article: dogmatic-legal and analytic-synthetic.

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Prawo do ochrony zdrowia a organizacja systemu opieki medycznej w Polsce powojennej (1945–1952)

Author(s): Bożena Płonka-Syroka,Marek Stych / Language(s): Polish Issue: 2/2023

The article discusses the formation of the health care system in Poland based on the assumption that every patient has a right to health protection, and the determinant factors of this process. The analysed period starts at the end of World War II in 1945 and finishes with the adoption of the Constitution of 22 July 1952. In 1945 the health care in Poland was based on the legal and organizational solutions developed in the Second Polish Republic. Soon it started to be modified, which eventually led to its nationalization. The years 1945–1952 were a “transitional period” in the Polish legislation and organization of health care. In the first post-war years, the functioning of the health care system in Poland was based on the Act of 28 March 1933 on social insurance and of 15 June 1939 on public health care. However, they did not ultimately become the basis for structural solutions introduced in Poland in the early 1950s. At that time, the so-called multisectoral system in health care was abandoned and almost all of its aspects were taken over by state institutions. The aim of the article is to present the determinant factors which governed the evolution of Polish medical law in post-war Poland and to analyse the legal regulations introduced from 1945 to 1952. In their analyses the authors used the dogmatic-legal method (an analysis of legal texts – the basic method) and the historical-legal method (an outline of the right to health protection and its evolution in the studied period). The article ends with final conclusions.

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Wykonywanie kary śmierci w czasach Polskiej Rzeczypospolitej Ludowej – analiza wybranych przykładów

Author(s): Ewelina Dagmara Mogielnicka / Language(s): Polish Issue: 2/2023

This text is devoted to selected issues related to adjudicating and carrying out the death penalty in the times of the Polish People's Republic. This penalty was allowed by the Penal Code of 1969. In the current Penal Code (i.e. the one from 1997), this penal sanction is not provided for. Therefore, the selected topic fits into the theme of the journal on the history of law and modern law with a clear historical context. Removing the death penalty seems to be a very big change when it comes to the Polish criminal law. The aim of the article is to familiarize the reader with the legal provisions regarding the death penalty in the times of the Polish People's Republic and the realities of its adjudication and execution. Thanks to the use of the research method consisting in the analysis of legal acts, the researchers found the answers to the following research questions: which crimes resulted in the death penalty, what legal acts provided for such a possibility, and what the procedure was like under the provisions of the Executive Penal Code of 1969. Further on, the researchers used the method of analyzing the literature on the subject. The sources included books and magazine articles on specific topics, documentaries, and Internet sources deemed reliable. The main part of the text is a criminological analysis of three selected criminal cases. They were considered the most interesting in the context of the discussed topic. The descriptions of the criminal Polish People's Republic are intended to supplement the theoretical information obtained by means of the two methods mentioned above. In addition, they will allow the reader to move to those realities.

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Projekt ustawy o nadzwyczajnych środkach działania w interesie ochrony obywateli i państwa z 1981 r. Przyczynek do genezy stanu wojennego

Author(s): Michał Paweł Stokowski / Language(s): Polish Issue: 2/2023

On 13th December 1981, in a televised speech, General Wojciech Jaruzelski announced the imposition of the martial law after having previously received permission for its imposition from the Council of State on 12th December 1981. The authorities of the People's Republic of Poland, headed by General Wojciech Jaruzelski, drastically curtailed the daily lives of millions of Poles over the next two years on the basis of the martial law decree, in an attempt to oppose the political opposition, of which Solidarity was the epitome. The adoption of such a drastic measure against the political opposition in the literature repeatedly raises the debate whether there were no other options to enforce political peace in Poland. Many authors point out the draft law on extraordinary measures of action in the interest of the protection of citizens and the state as an alternative to the martial law decree, as the draft law in its provisions was a much more liberal and extreme piece of legislation. The contemporary text is intended to present the draft of the Emergency Powers of Government Act (the alternative name of the bill). The work is largely based on the material obtained from an archival search of files from the Institute of National Remembrance and from the files from the Archives of the Chancellery of the Prime Minister, which were transferred to the Archives of New Records in Warsaw in the course of collecting material. The research material was also obtained from Solidarity and Tribune of the People press articles, from numerous scientific publications, from transcripts and Sejm prints which are in the digital resource of the Sejm Library.

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Założenia i ewolucja polityki gospodarczej PRL

Author(s): Karolina Zapolska / Language(s): Polish Issue: 2/2023

There is no doubt that the state's approach to the economy is important. The purpose of this study was to investigate the various stages of the economic system of the People's Republic of Poland. The author presents normative solutions in the field of economics in the Polish People’s Republic. The following article takes into account legal aspects and jurisprudence, it is an attempt to explain the legal requirements related to the functioning of economy in the analyzed period. Therefore, the article gives details of the essential attributes of Polish economy in 1945–1989 and its evolution. The article also includes and describes the approach to economic freedom in the legal doctrine. In this paper the author aims to analyse the selected problems related to economy and economic activity. The article is based on: the literature on the subject, documents of state authorities, archives and legal acts. It is divided into eight parts consisting of: the introduction, six parts corresponding to specific periods and the summary. The article finishes with synthetic conclusions. The study of the outlined problems was mainly based on the comparative, dogmatic and legal methods. Taking into account the range of issues discussed in the article, as well as the need to limit the work, it should be noted that the text will not be comprehensive and it will only highlight some selected problems.

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The Evolution and Legacy of the Legal Aspects of the Activities of the Rural Housewives’ Clubs in Poland

Author(s): Artur Lis / Language(s): English Issue: 2/2023

The subject of this article is the analysis of the changes and the legacy of the legal aspects of the Rural Women’s Associations. Its specific purpose is to characterise their history, the legal forms of functioning: as associations, as independent Rural Women’s Associations and the changes resulting from entering into force of the Act of November 9, 2018 on the Rural Women’s Associations. The Author of the article used the dogmatic and the historical-legal methods. The Act of 2018 on the Rural Women’s Associations introduced numerous new legal solutions. Currently, the associations cultivate traditions, contributing to the rural development. They show initiative and build a good image of their area. The implementation of many activities undertaken by the associations is possible thanks to the financing granted from the state budget. Pursuant to the Act on the Rural Women’s Associations of November 9, 2018, a separate organisational formula was created for RWAs which constitute voluntary, independent and self-governing social organisations of village residents. Based on the previously applicable law, the Rural Housewives’ Associations could be created as part of agricultural associations as their independent units. They could also function in the form of associations. The legislator has granted the legal personality to the associations, which allows them to conduct business activity on their own account and use the financial support the public funds. The Rural Women’s Associations perform an important function in the rural environment. They support the integration of local communities, cultivate local and regional customs, develop women’s entrepreneurship in rural areas, combining tradition with modernity.

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Recenze

Author(s): Jakub Kalivoda,Josef Hrdlička,Rostislav Smíšek,Ondřej Lee Stolička,Kateřina Pražáková,Václav Bůžek,Josef Grulich,Václav Černý,Ivo Cerman / Language(s): Czech Issue: 2/2023

Reviews and annotaions of: 1. Milena Lenderová (ed.), Zvířata a jejich lidé 2. Eva Semotanová – Josef Žemlička a kolektiv, Věnná města českých královen 3. Liesbeth Geevers – Harald Gustafsson (edd.), Dynasties and State Formation in Early Modern Europe 4. Liesbeth Geevers, The Spanish Habsburgs and Dynastic Rule, 1500-1700 5. Anne-Simone Rous, Geheimdiplomatie in der Frühen Neuzeit. Spione und Chiffren in Sachsen 1500-1763 6. Thomas Winkelbauer (ed.), Die Habsburgermonarchie (1526-1918) als Gegenstand der modernen Historiographie 7. Maciej Ptaszyński, Reformacja w Polsce a dziedzictwo Erazma z Rotterdamu 8. Jiří Šindelář a kolektiv, Rožmberská hrobka. Příběh hledání 9. William D. Godsey – Petr Maťa, The Habsburg Monarchy as a Fiscal-Military State. Contours and Perspectives 1648-1815 10. Daniela Tinková, Osvícenství v českých zemích I. Formování moderního státu (1740-1792)

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Спомен за писателя Иван Кирилов

Author(s): Radka Pencheva / Language(s): Bulgarian Issue: 2/2024

The present writer Ivan Kirilov (1876 – 1936) was graduated law abroad.

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Was the Constitution of 3 May 1791 a Source of Inspiration for 19th Century Polish Constitutional Drafts? The Problem of Using Polish Constitutional Heritage in the Congress Kingdom of Poland in 1815 and 1831

Author(s): Michał Gałędek / Language(s): English Issue: Sp. Issue/2023

The article focuses on the problem of using legal heritage based on the example of the Constitution of 3 May 1791. This issue is considered in relation to two selected moments in the history of the Congress Kingdom of Poland – 1814/1815 and 1831. What connects them and, at the same time, makes them unique periods in the political and constitutional history of Polish territories under the partitions is the relative freedom the Polish elites had in their right to decide on the constitutional foundations of their own statehood. In 1814/1815, Prince Adam Jerzy Czartoryski was granted the emperor’s con- sent to prepare a draft which, after corrections, became the basis of the Constitutional Act granted by Alexander I on November 27, 1815. Similarly, in 1831, after the dethronement of Tsar Nicholas I, the insurgent elites were free to embark on an unfettered constitutional debate on the systemic reform of the state. Both in 1814/1815 and in 1831, Polish political and intellectual elites faced a dilemma as to whether the Constitution of 3 May could serve mainly as a monument to and symbol of Polish history, or whether it still had the potential to be directly applied; and if so, then to what extent and under what conditions? The publication is devoted to exploring the answers to these questions.

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THE ROLE OF LEGAL EDUCATION IN FIGHTING CORRUPTION

Author(s): Brîndușa Gorea,Oana-Voica Nagy,Ioana Toncean-Luieran / Language(s): Romanian Issue: 36/2024

Integrity is synonymous with honesty, fairness, incorruptibility, virtuousness. Such values are naturally at the basis of any democratic-type legal system, but legislation alone cannot guarantee their real existence in social life. It is necessary for the vast majority of the social body to assume them as intimate values, to perceive their violation as real "personal offenses". It takes more than fear of punishment to prevent and combat a social phenomenon such as corruption. The solution, in our opinion, lies not only in Law, but also in Axiological Education.

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THE CIVIL LIABILITY INSURANCE-THE MALPRAXIS INSURANCE

Author(s): George Coca,Andreea-Laura Arnăutu / Language(s): Romanian Issue: 36/2024

Liability in medicine has existed since ancient times, being contemporary to the profession and corresponding to the social system of each historical period. The term ,,malpractice" has its origin in Latin and Greek, being formed by combining two notions, ,,malus" which according to the Latin language means ,,bad" and ,,praxis", which in Greek means ,,practice" . Thus, the resulting term, ,,malpractice" means ,,bad practice" and ,,medical malpractice" means a ,,medical malpractice".

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THE INFLUENCE OF RENAISSANCE HUMANISM ON THE LEGAL IDEAS OF TOWNSPEOPLE IN THE RUTHENIAN LANDS OF CROWN POLAND BETWEEN THE FIFTEENTH AND THE FIRST HALF OF THE SEVENTEENTH CENTURY

Author(s): Tetiana Hoshko / Language(s): English Issue: 85/2023

Between the fifteenth and the mid-seventeenth cen- tury, Renaissance humanism influenced the legal ideas of educated strata in the Kingdom of Poland, including educated burghers. The article examines this process mainly on the example of towns in the Ruthenian lands of the Polish Crown. The result of this influence was several relatively new ideas reflected in legal treatises of this time, written mainly by lawyers from the townspeo- ple, and in other sources: about the clarity and comprehensibility of law for ordinary people, the need to use the vernacular in legal texts, the uncondi- tional supremacy of law, etc. The acquaintance of the townspeople with legal literature contributed to the spread of these ideas.

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Političko-pravna osnova za status prekogranične euroregije Sandžak

Author(s): Sanjin Kodrić / Language(s): Bosnian Issue: 1/2022

As a rule, all modern states contain various territorial units within their borders, ranging from municipalities to regional and federal entities. There are two main types of state organization: unitary states, in which power is held by a single entity, and federations, in which power is distributed among multiple centers. The regional state is the third form of state organization, appearing as a hybrid of unitary and federal states. This form of state, commonly seen in Spain, Italy, and France, combines the positive aspects of unitary and federal systems while also addressing their weaknesses. The regional state is seen as the best solution for multi-ethnic states, such as those in the Balkans, as it allows for a high degree of decentralization while also maintaining unity and diversity. Regions within a regional state cannot possess the elements of statehood present in federal states, and can only handle matters specifically assigned to them by the constitution, with the possibility of additional competencies being delegated through laws. Regionalism, as a recent phenomenon, represents an enhancement of political and legal systems. In the scientific analysis of the Platform for Solving the Status of Bosniaks and the Status of the Sandžak Region, adopted in Novi Pazar on July 28, 2019, we will attempt to provide answers to numerous questions regarding the legal and political basis for realistic solutions for the Sandžak region, which has a large Bosniak population. These constitutional and theoretical solutions address the demands of the citizens of Sandžak, conveyed through their political representatives to the states of Serbia and Montenegro.

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Sudski istražitelj Leo Pfeffer i njegova “Istraga u Sarajevskom atentatu”

Author(s): Željko Karaula / Language(s): Croatian Issue: 52/2023

Based on archival sources, primary and secondary literature (memoirs, published sources, etc.) and newspaper articles, the paper presents the biography of Leo Pfeffer, the investigating judge in the case of assassination of the Austrian heir to the throne Franz Ferdinand in 1914, and critically examines and analyzes his book “Investigation into the Sarajevo Assassination” and reactions to it in the public at the time, as well as in contemporary historiography. The book was written by Pfeffer 23 years after the events of 1914, and was published in 1938 by the publishing house “Nova Evropa” in Zagreb.

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Римские центурионы как агенты императорской власти: делегированные полномочия и судебные функции

Author(s): E. S. Ivanova / Language(s): Russian Issue: 4-5/2023

This article explores the influential role of the Roman centurions in the provincial government of the Roman Empire by analyzing their judicial and administrative powers. The results of modern historiographical research show that the military institution was closely intertwined with the Roman “government without bureaucracy:” the provincial governors’ offices were mainly staffed by military personnel and headed by the first cohort’s centurions. However, their administrative functions, although crucial in governing the provinces, have been insufficiently studied. The judicial power of the centurions has been viewed by scholars in two different ways: either as detrimental to the central government due to possible abuse by military personnel or as exceptional because it was not needed in the Romanized and urbanized areas of the empire. Here, based on the epigraphic evidence and papyrus data, the judicial and administrative duties of the centurions, including those delegated by the Roman imperium’s holders, are considered. Their involvement in the work of the municipal authorities is discussed. The conclusion is made that it was quite common for the centurions to hold extra managerial powers. In many cases, this was deemed legitimate as it did not contradict Roman law and stemmed from the long-established Roman practices.

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