Normy prawne regulujące działania antyterrorystyczne

Author(s): Piotr Krzysztof Marszałek / Language(s): Polish Issue: 2/2017

Terrorism, which today constitutes one of the most serious threats to national security,engages many different state bodies and institutions. Effectiveness in the fight against acts of terrorism is largely dependent on the coordination of these factors. Increasing the powers of state bodies in this respect cannot cause a disproportionate increase in restrictions of citizens’ enjoyment of their freedoms and rights. The current anti-terrorism law, as well as a number of related laws doesn’t provide such guarantees and consequently doesn’t increase citizens’ sense of security towards their own state. The article attempts to analyze the adopted solutions and points to the most questionable regulations.

Education for Democratic Citizenship and Human Rights as Integral Part of European Integration Policy

Author(s): Bogusława Bednarczyk / Language(s): English Issue: 4/2015

Prawo swojszczyzny („Heimathrecht”) jako wyraz przynależności do gminy

Author(s): Grzegorz Kądzielawski / Language(s): Polish Issue: 1/2014

A characteristic feature of Austrian law was the definition of a citizen’s belonging to a commune. It was described as the relationship of domicile (German: Heimathrecht, Polish: swojszczyzna). The details were regulated by the Act of 3rd December 1863 on the regulation of domicile relations. This law was of exceeding significance as it gave the right to stay in the commune, and claim provisions and aid in poverty. With the Act on Citizenship of the Polish State coming into force on 20th January 1920, holding the right of domicile (in one of the communes within the Polish State, that was previously a constituent of the Austro-Hungarian State) was one of the premises deciding about the right to citizenship. Another legal act that defined further the question of citizenship was the act on the regulation of the right of choosing Polish citizenship by the citizens of the former Austrian Empire and the former Kingdom of Hungary and the right of choosing foreign citizenship by the former citizens of these states holding Polish citizenship, of 26th September 1922. Two bylaws were published for the said act. The first, issued by the Council of Ministers on 12th December 1922, and the other – the ordinance of the Minister of Internal Affairs of 6th February 1925. It guaranteed the persons who enjoyed the right of domicile in the territories that had belonged to Austro-Hungary and which found themselves within the borders of the Republic of Poland, the optional right to the Polish citizenship. The right of domicile could be compared to the duty of registering residence, and from the act on registration of people and identity cards in contemporary Polish legislation. The article aims at analysing the legal grounds of the operation of the domicile right against the acts-ensconced obligation of belonging to a commune and the citizenship right. It also contains a description of the practical application of the domicile right.

The American Dilemma 70 years later

Author(s): Hieronim Kubiak / Language(s): English Issue: 1/2013

Aksjologia, prawa człowieka i kultura polityczna Unii Europejskiej

Author(s): Jan Czaja / Language(s): Polish Issue: 2/2013

Idea i kształt zinstytucjonalizowania ochrony lokatorów w systemie prawa polskiego (1918–1939)

Author(s): Aneta Kaźmierczyk / Language(s): Polish Issue: 1/2022

Protection of tenants was institutionalized in the Polish legal system in the interwar period. The analysis of the objectives and shape of the regulations introduced in the Act of 1920 and then of 1924 leads to the conclusion that over the years the regulations shaping the protection of tenants have been modified not only in terms of their content but also in the axiological aspect. The regulations introduced in the interwar period were to balance the rights of tenants and landlords. The introduced institutions were applied not only to tenants of residential but also commercial premises. The appropriate shape of the regulations and the scope of their application were to contribute to the protection of housing, but also to the development of the economy, protecting investors in the construction market and consumers. It is also important that the introduced regulations were supposed to be of a temporary nature, and they were to be in force only for the duration of a crisis situation caused by the devastation of World War I.

Wolność zgromadzeń w Polsce w początkowym okresie pandemii COVID-19

Author(s): Adrian Woźniak / Language(s): Polish Issue: 1/2023

The beginning of the article deals with three issues: the definition of freedom of assembly, the meaning of this freedom and the question whether the Constitution of the Republic of Poland of April 2, 1997 allows for the restriction of two freedoms that make up this freedom. The main part of the article contains an analysis of the provisions of the regulations of the Minister of Health from the initial period of the COVID-19 pandemic in Poland, which significantly limited the freedom of assembly. It was made in the context of such legal acts as the Constitution of the Republic of Poland, the Act – Law on Assemblies and the Act on preventing and combating infections and infectious diseases in humans. The regulations in question were also compared with the regulations from the period when neither the state of epidemic emergency nor the state of epidemic was in force in the Republic of Poland. The article ends with an assessment of the provisions of the covid regulations from the beginning of the pandemic, which mentioned the freedom of assembly, and put forward postulates for the future.

Russia’s devastating impact on critical infrastructure during the hybrid war in Ukraine

Author(s): Bogusław Pacek,Piotr Pacek / Language(s): English Issue: 2/2023

The article attempts to present the Russia’s devastating impact on critical infrastructure during the hybrid war in Ukraine. In order to present a broader context regarding the process, a timeline of the Ukraine-Russia war is presented, starting with the seizure of Crimea, the separation of Donbass, the beginning of the invasion and the Kiev phase, the positional war, and ending with the Kharkiv and Kherson counter-offensives. It goes on to analyse the targets and magnitude of Russian attacks on critical infrastructure, including such as medical and energy infrastructure. Authors point out that many times the overriding aim is to make life difficult for the civilian community, presumably to trigger signs of discontent and opposition to the Ukrainian authorities. The article also identifies the risks in the area of destruction of critical infrastructure in possible future conflicts and points to the need to take measures to strengthen the resilience of societies and states enabling their undisturbed functioning.

Przygotowanie logistyczne podmiotów realizujących pomoc humanitarną w Polsce

Author(s): Dominika Marciniak / Language(s): Polish Issue: 4/2023

The goal of this paper is to analyze the logistic preparation of entities participating in humanitarian aid activities. The theoretical part looks at the importance of logistics in humanitarian aid. The empirical part of the paper consists of research with entities that participate in humanitarian aid activities in Poland. The research was conducted by means of a diagnostic poll method with the application of a survey techniques called Paper and Pencil Interview, and Computer-Assisted Personal Interview. The research was carried out in 2021. The organizations that took part in the research positively assess their state of logistic preparation for providing humanitarian aid. It turns out that the surveyed organizations employ specialists responsible for logistics and usually those specialists hold managerial positions. The research shows that it is worth paying attention to the proper distribution of relief items, because it happens that relief items are incompatible with the needs of the victims.

JA ГУБИ ЛИ УЛОГАТА МЕЃУНАРОДНОТО ХУМАНИТАРНО ПРАВО ВО ВОЕНИТЕ КОНФЛИКТИ ОД 21-ВИОТ ВЕК?

Author(s): Liljana Jonoski / Language(s): Macedonian Issue: 1/2023

Although the Geneva Conventions were adopted in 1949, humanity has experienced an alarming number of armed conflicts on almost all continents. During that period, the four adopted Geneva Conventions as well as the Additional Protocols from 1977 provide legal protection for persons who do not participate or who have stopped directly participating in hostilities (civilians, wounded, sick, etc.). But despite the legal protection provided in this way, we have witnessed in the last two armed conflicts in Ukraine and Palestine that there are numerous violations of such agreements that resulted in suffering and numerous human losses that could have been avoided if the principles of international humanitarian law were respected. What also prevails as an opinion when international regulation is observed is that infringements of international rules and principles of action do not result from their inadequacy or because they are inappropriate but from the lack of will, insufficient means to ensure their application, ambiguities regarding their application in certain circumstances, as well as the lack of awareness of the necessary need for their application among political leaders, military commanders and the wider public. The previously stated often applies also to other areas of the regulation of international relations, but the difference in relation of failure to comply with the legal regulation in these areas (for example international business law) and failure to comply with international military and humanitarian law is paid with human lives and suffering. What are the most common violations of international humanitarian law and what consequences do such violations cause is the purpose of the research presented in this paper, but also providing answers and recommendations on how to "force" states even in military conflicts to respect and protect basic human rights of civilians. This will also help in a creation of usable knowledge and values that should be respected and practiced in every single military conflict. In the part of the methodology, the paper was prepared based on an extensive analysis of the basic rules and principles of international humanitarian law and how they are respected in the latest military conflicts that have engulfed the world. Through the research, one of the findings that is defined is that the implementation of the principles of the international humanitarian law countries often refer to ratification, so on the one hand, for example, the Geneva Conventions are universally accepted by all countries, but the same cannot be said for Additional Protocols, so they, by not acceding to ratification, the states consider that they have no legal obligation to implement them. Also, one of the insights or conclusions to which the paper refers is that international humanitarian law still contains customary rules that should be respected in any conflict, and which are based on the principle of protection of basic human rights and freedoms and which in any case should be respected and applied regardless of whether the states are in military conflicts or are in peace, especially today in the 21st century regarding the level of development of international relations. Strengthening the role of the International Criminal Court in the direction of creating an international practice that will prevent violations of international humanitarian and military law and the creation of new crimes against humanity is also one of the recommendations that should strengthen the system of application of the principles and the rules of international regulations in military conflicts.

WOJNA. PERSPEKTYWA PRAWNA I SPOŁECZNA

Author(s): Elżbieta Żywucka-Kozłowska,Magda Dziembowska / Language(s): Polish Issue: 4/2023

Since the dawn of history, wars have been part of the history of the human species. They serve many purposes, from seizing territory and property to physically eliminating opponents. Undoubtedly, armed confl icts, as we are used to calling wars today, are guided by their own laws, but not those that have no framework or principles. The aim of this study is to take a dichotomous look at war in search of an answer to the question whether the applicable principles of the law of armed confl ict are respected by the warring parties and to what extent war aff ects members of society. The thesis was adopted that every modern war constitutes a violation of the provisions of humanitarian law and is a key tool for the destruction of society. The considerations are based on the analysis of the literature on the subject, both Polish and international.

EU Sanctions Against Third Countries Legal Basis for EU Sanctions against Russia and its Citizens

Author(s): Verica Trstenjak / Language(s): English Issue: 2/2023

The EU Treaties provide several possibilities to sanction EU Member States for failing to comply with EU law. The EU has a legal basis for so-called EU sanctions in Article 215 of the Treaty on the Functioning of the EU, aimed at third countries (i.e. countries outside the EU) and their legal entities (e.g., in Belarus, Russia). Over recent years, sanctions against third countries have become increasingly frequent. This article delves into the legal framework for adopting EU sanctions, the potential legal protection available to sanctioned individuals, and the relevant case law of the Court of Justice of the EU. In this context, the question of whether Abramovich or some other Russian citizens on the sanctions list can access funds from EU bank accounts or enter the EU will be addressed.

The Slovenian Constitutional Court and EU Law: Some Aspects and Future Challenges

Author(s): Katarina Vatovec,Jernej Letnar Černič / Language(s): English Issue: 2/2023

This article critically discusses the application of EU law before the Slovenian Constitutional Court. This Court is the highest guardian of the rule of law and human rights in the Constitution of Slovenia. It has arguably been the most open Slovenian state supervisory institution to influence foreign, comparative, and international laws and practices. As this article illustrates, after Slovenia acceded to the EU in May 2004, but in particular over the past years, the Slovenian Constitutional Court has increased references to EU law. On several occasions, EU law was also a critical factor in deciding and reasoning the cases. Even though the Slovenian Constitutional Court often not only refers in its decisions to EU law but also bases its decisions on it, there rest some uncertainties regarding the application of the Charter on Fundamental Rights of the EU and direct references to the Court of Justice of the EU through preliminary questions remain few and far between. The article mentions the potential constitutional reforms in Slovenia, namely introducing a selective jurisdiction of the Constitutional Court, which could be problematic without comprehensive changes in the Slovenian judicial system as it might not only far further limit the protection of human rights and fundamental freedoms, but it could also undermine the correct application of EU law in the Slovenian legal order. In conclusion, this article points out some aspects of the future adjudication of the Slovenian Constitutional Court when applying EU law that need to be further elaborated or reconsidered.

The Importance of a Governance Programme in the Exercise of Governance

Author(s): Cătălina Szekely / Language(s): English Issue: 2/2023

In order to ensure coherent governance, any responsible government proposes a series of measures to be implemented throughout its term of office. These measures are contained in the governance programme that it presents at the time of the government’s investiture. This governance programme is extremely important because it sets out the objectives of the government and is an important document on the basis of which the government is sworn in.

Transparentnost a spravedlnost v odměňování dle směrnice EU 2023/970

Author(s): Lenka Farkačová / Language(s): Czech Issue: 2/2024

The article focuses on selected aspects of EU Directive 2023/970 and the options available for their solution. It focuses on those areas that most require changes in current approaches, especially concerning the issue of unequal pay for women and men. According to the author, the introduction of this directive has the potential to help establish fair pay regimes regardless of gender, age, race, ethnicity, etc. However, its implementation is debatable in many aspects.

Female Republican Prisoners during the “Troubles” 1968-1998 in Northern Ireland: The Women’s War

Author(s): Renée Tosser / Language(s): English Issue: 1/2023

The aim of this paper is to examine the imprisonment of female republicans in Armagh prison during the “Troubles” in Northern Ireland. It sheds light on their living conditions and strip searches which were carried out on a regular basis. It also considers the issues raised by the republican women’s family obligations and highlights how incarceration impacted their lives after imprisonment. It analyses the consequences of incarceration in their lives. This study is particularly illustrated by the testimony of a priest, Raymond Murray, chaplain at Armagh prison, who was present daily with the women and who recounted the events he witnessed. It is also based on out-of-print documents and journals, as well as interviews with former activists. The imprisonment of republican prisoners highlights the political situation in Northern Ireland at the time of the “Troubles” and on the role that women played, both in prison and in their neighbourhoods in everyday life.

THE FUNCTIONING OF THE INSTITUTIONS IN THE REPUBLIC OF NORTH MACEDONIA DURING THE COVID-19 PANDEMIC

Author(s): Zlate Dimovski,Fadil Isufi / Language(s): English Issue: 46/2024

The interests of states in the field of national security do not differ much. They are the following: the protection of sovereignty, independence, territory, population, natural resources, basic principles, and values, which constitute the basis for future development and enhancement of well-being and contribution to harmonious relations with other countries. What differentiates them is the extent to and the manner in which the afore-stated interests are realized. Starting from the complexity of the interests and values that the state builds and develops, and for the purpose of national security, we will tackle the part of achieving and preserving the stated interests during crises, specifically the emergence and management of pandemic situations and the protection of national security in certain institutions (police, army, judiciary), whose work is directly and indirectly related to the security of citizens. The nature of COVID-19 had a tendency of threatening national security in all areas of life: the political system, human rights, the judiciary, the media, the economy, health, education, the security sector itself, including the police, the military, and the overall security intelligence community. This paper will cover the second and third years of the pandemic. The paper used quantitative and qualitative methods, which when applied gave us different numbers and facts complemented by the actions of different institutions, as key elements of national security, and we expect the paper to be instructive for the academic community, state authorities, society, and individuals about how to better prepare for future pandemics.

Human Rights, the Helsinki Process, and the Soviet Bloc, 1971-1989

Author(s): Nadia Boyadjieva / Language(s): English Issue: 4/2023

The Conference on Security and Cooperation in Europe (CSCE) was originally proposed by the Soviet Union in the late 1960s in order to gain international recognition and codification of the postwar boundaries in Europe. Western governments were eventually willing to go along with it in return for Moscow’s agreement to initiate talks on limiting conventional forces in Europe – talks that ultimately led nowhere. The CSCE accords were negotiated among 35 countries (from Europe and North America) in Helsinki and Vienna from 1973 to 1975. West European and U. S. officials sought to ensure that the Helsinki accords would include far-reaching provisions on human rights and human contacts. Although Soviet-bloc governments opposed these provisions, they agreed to accept them to ensure that CSCE would be successful. The provisions on human rights did not go beyond what was already in the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1976), but they did establish a human rights framework specifically for East-West relations.

WOMEN AND WOMEN MINSTRELS IN THE REPUBLICAN PERIOD OF TÜRKİYE

Author(s): Sibel Karadeniz Yağmur / Language(s): English Issue: 46/2024

The Republican era is a period in which extraordinary changes began for women and women minstrels. This article aims to reveal the changes for women in the Republican period of Türkiye, to evaluate the effects of these changes on women and the women Minstrels in this period. The study argues for changes in women’s rights in the Republican period and reveals the lives and mysteries of the prominent women Minstrels in the Republican period. In conclusion, The Republican period is a period of significant changes in women’s rights and life. The most important of these changes is the enactment of the Civil Code. In the Republican Period, we see that women minstrels stood out more, and revealed themselves more easily during this period and the number of women minstrels increased. Among the female minstrels, Arzu Yiğit (Arzu Bacı), Ayten Çınar (Gülçınar), Ayşe Çağlayan, Döne Sultan Can, Durşen Mert (Nurşah Bacı), Güllühan, Hatice Şahinoğlu, İlkin Manya (Sarıcakız), Kevser Ezgili (Ezgili Kevser), Sürmelican Kaya ( Sürmelican), Şahsenem Akkaş (Şahsenem Bacı), Şah Turna Ağdaşan, Telli Gölpek (Telli Suna), Vasfiye Hanım and Yeter Yıldırım came to the forefront.

The Historical Development of Children's Rights and Its impact on Legitimate Politics and International Conventions

Author(s): Sanaa Elshaarawy / Language(s): English Issue: 4/2024

The research seeks to achieve a basic goal of shedding light on the historical development of the concept of children's rights and the extent of its impact on legitimate politics and international conventions, especially in light of what we are witnessing at the contemporary time of violations of children's rights and their repercussions on the respect of political systems for such rights through the activation of constitutional rules that provide for child protection, and the activation of mechanisms for the application of these texts, and this is what calls for addressing the concept of the legal personality of the child in ancient legislation such as the legislation of Hamo Rabi, and legislation Pharaonic, Greek and Roman, Then exposure to the position of Islamic law and international conventions on the rights of the child by answering the problem that the extent of the historical development of the concept of children's rights on legitimate policy and international conventions?.