Liberałowie wobec sporów o konstytucję w latach 90. XX wieku w Polsce
The aim of this study is to present the liberal views and views expressed during the 1997 Constitution.
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The aim of this study is to present the liberal views and views expressed during the 1997 Constitution.
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RESEARCH OBJECTIVE: The aim of the article below is an idea of the policy of culture, free both from the excessive intervention of the bureaucratic state and from the influence of the cultural coteries. THE RESEARCH PROBLEM AND METHODS: The research problem is to call an idea of the “cultural etatism” formulated by an ancient rhetorician Isocrates. The author speaks about an “error of Isocrates”, which – in his opinion – relied on the postulate of shaping the political and spiritual life of Greeks by the intervention of the polis . He applies this idea to an analysis of the policy of culture in the contemporary bureaucratic States. He carries out his argumentation on the ground of this analogy. THE PROCESS OF ARGUMENTATION: In the beginning the argument refers to the protectionism in the politics of the contemporary States. Then the object of examination is the notion of the political humanism, used by Werner Jaeger in his “Paideia”. The next step is a critique of the constructivism of Isocrates, who was guided by the idea of reconstructing Areopag as an educator of people in polis . Those two ideas will be handled as of no use in the context of the present time. RESEARCH RESULTS: The crucial conclusion of the argumentation is the thesis that the present day processes of globalization of culture debase the standards of education, whereas the suitable aims of cultural policy should be an integration of the community and also the reproduction of elites. The author argues that neither the political humanism nor the “cultural etatism are able to realize properly these aims. The first has been devastated by the present day bureaucratic policy of culture, whereas the “error of Isocrates” makes impossible nowadays the realization of neoisocratic idea. CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS: Therefore the only reasonable way out of this situation seems to be the intentional activity of State, which aims its cultural policy to the specific objects, that is to say, which avoids cultural etatism and has its support in the free market. The author calls this strategy a “pseudo paideia”.
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Review of: Bérengère MARQUES-PEREIRA. 2021. L’avortement dans l’Union Européenne: Acteurs, enjeux et discours. Bruxelles: CRISP, 281 pp.
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The goal of the paper is to present the essence and the legal nature of the general decision as a new regulatory instrument of the President of the Office of Electronic Communication. The paper will prove the following thesis: the proposed new regulatory instrument of the President of the Office of Electronic Communication will not constitute an effective mechanism of solving the matter under the Polish law. The main plane for the deliberations will be legal provisions, the project of Electronic Communication Law No. UC45 of 29th July 2020, as well as monographs and scientific papers. The following methods were applied in the study: dogmatic-legal and analytic-synthetic.
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The article discusses the concept of video game mods, their importance for the gaming industry and selected legal aspects from the point of view of Polish law and End User License Agreements (EULA). The conclusion is that in the current legal state it is the EULAs that determine the legal status of mods by regulating the rights of game developers to mods created by gamers. Mods are a complex phenomenon, which makes their unambiguous legal classification difficult. Because of their popularity and impact on the video game industry, developers seek legal standing to use mods.
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One of the most important debates of recent decades has been that of the relationship between parliaments and governments in relation to the power they should hold in society. The 20th century and the last few decades have been a unique situation in history, in which political rights have spread widely, irrespective of the limitations that political actors have set. In this perspective, it becomes imperative to know not only the rights established by the constitutions of national political-administrative bodies, but especially the power relationship between them, especially in the sphere of lawmaking. For too many people the political competition is more important than the strength of the law and the entire legal system. However, it is time for a re-evaluation of the political power concept, as citizens of most countries in the world are not particularly satisfied with their own governments. Hence, a need to analyse and perhaps redefine some of the characteristics of the two institutions in order to establish a new relationship between the citizen and the state in this century. Governments and parliaments must become more present in the intellectual life of citizens, and this will lead to clarifications of their power in the political sphere, but especially in the enactment of legislation.
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Competition authorities in countries in development in Europe have a long way to go until they meet the EU standards. Although the local legislation in non-EU members is harmonized with EU legislation for the most part, the enforcement part is the one where obstacles are traditionally more challenging, and Serbia is no exception to this rule. Serbia has had its share of problems when trying to enforce rules on protection of competition, and some of those battles are still being fought, however, the national competition authority now also needs to face rapid changes that come with emerging markets, especially e-commerce. Although e-commerce itself may facilitate anti-competitive behaviors, it seems that they may also have had an effect of a much-needed nudge for the Serbian Commission for the Protection of Competition (CPC) to finally dive into variety of enforcement powers that they have been entrusted with.
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This study analyzed, based on Social Networks Analysis (SNA), the links between the deputies of the VIII and IX legislatures of the Congress of the Republic of Guatemalain the promotion and implementation of a regressive agenda composed of projects of law on retrocession of the fight against corruption and the reduction of human rights. It found that five legislative initiatives and seven deputies were key in the network and concluded that the non-re-election of the central deputies (nodes) did not imply that the network disintegrated, but rather signified a transition that should be further studied.
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In 2002, Georgia and the Georgian Apostolic Autocephalic Orthodox Church signed the Constitutional Agreement, which established a new legal model of the state–church relationship. After this event, Georgia and the Holy See drafted a special agreement that was supposed to be signed in September 2003. It was intended to give legal guarantees to the Catholic Church and Catholic believers. Vatican Secretary for Relations with States Jean-Louis Pierre Tauran arrived in Georgia on 18 September to sign the agreement, but at the last minute, the president of Georgia decided not to finalise the process. This draft was not known to society, and even researchers did not have access to the text. This article overviews that document and tries to analyse the perspectives of a future agreement between Georgia and the Holy See.
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In 1946, the authorities of the so-called People’s Poland decided to allow graduates of secondary law schools, specifically those established by the Minister of Justice, to administer justice. Graduates of these schools did not hold a university law degree, nor had they completed judicial training. Before beginning their education in such schools, most students had completed only seven years of primary school. Szczecin Law School operated from 1950 to 1951. The education offered there was strongly ideologized in the spirit of Marxism-Leninism. Students who demonstrated or declared religious faith were met with strong reactions from school management, including disciplinary consequences in the form of expulsion from the school. As such, the present paper aims to discuss “cases of clericalism” among students of Szczecin Law School by analyzing the school’s archival records held in the State Archives in Szczecin. It is important to note that, in a short period of time, graduates of this school often took high office within the local judiciary. They also constituted the majority of members of the “Group of Agitators”, a section of the Polish United Workers’ Party at the Voivodeship Court in Szczecin.
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The purpose of the study is to compare the results of the activities of scientists and lawmakers regarding the recognition and definition of the national liberation movement and the legal status of its participants on the example of the activities of the OUN and the UPA. Research methodology: the principles of historicism, objectivity, systematics and comprehensiveness were applied, as well as – general methods of scientific research – analysis, synthesis, and comparison. Scientific novelty: for the first time, an attempt was made to show the conformity of the laws of Ukraine, in particular, “On the legal status and commemoration of fighters for the independence of Ukraine in the 20th century”, to the results of scientific research on the recognition and the definition of the Ukrainian liberation movement of the 1920–1950 years and the legal status of its participants. Conclusions. A complete inconsistency between the results of the scientists' scientific research was revealed, which is reflected in the personal indexes concluded in their honour, and the law of Ukraine “On the legal status and commemoration of the fighters for the independence of Ukraine in the 20th century” regarding recognition and definition of the Ukrainian liberation movement of the 1920–1950 years and of the legal status of its participants. Contrary to the research of scholars, local historians at the legislative level, members of the OUN, soldiers of the UPA and other nationalist organisations of the 1920s-1950s were recognised as fighters not for an independent sovereign and cathedral Ukrainian state, but for the independence of the Ukrainian SSR, against which they waged an uncompromising struggle. After all, in the second half of 1991, the Ukrainian SSR was officially renamed Ukraine, and the independent state – the Republic of Ukraine, according to the Constitution of Ukraine of 1996, was not created. This also explains the absence of a definition of the liberation struggle or resistance movement in the mentioned law of Ukraine.
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The study analyzes the issue of public participation in extraordinary proceedings regulated by the provisions of the Code of Administrative Procedure where it is possible to revoke the final decision on environmental conditions, in which an ecological organization may participate as a party. The literature analyzes the issue of the very participation of an ecological organization in the course of the proceeding as a result of which a decision on environmental conditions is to be issued. However, no wider interest is devoted to the issue related to the possibility of participation of an ecological organization in extraordinary proceedings specified in the provisions of the Code of Administrative Procedure. In this context, a fundamental question arises: will the participation of the public be necessary in each of these proceedings, and thus the participation of an ecological organization in the course of such proceedings on the rights of a party will be allowed? The dogmatic and legal method was adopted as the research method.
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The relevance of the topic is due to the fact that one of the fundamental principles of the administrative procedure is the principle of good faith, which has become both a reflection of the law enforcement need that has arisen in the process of judicial and regulatory practice, and the result of scientific developments carried out and the search for argumentation to determine the optimally necessary list of fundamental principles of publicity and management legal relations. The purpose of the article is to establish the content and essence of the principle of good faith as a principle of administrative procedure. The study used such general scientific and specifically scientific methods of scientific knowledge of the principles of administrative procedure as the historical and legal method; method of comparative law; generalization method and classification method. It is noted that the principle of integrity in an administrative procedure actually comes from the moral foundations of society and should be considered as one of its basic principles, defined in the legal and ethical standards of humanity, and is capable of reflecting the desire of an official and a private person to «act good honestly». The principle of integrity is considered in many areas, such as law, business, science and society as a whole. The main aspects of the principle of integrity as a regulator of social relations are indicated: honesty, understood as the ability of an individual or organization to act in accordance with the moral principles of society, avoiding deception, forgery and any other forms of dishonesty. Based on the study, conclusions are formulated and recommendations are given. It is substantiated that conscientious activity includes the fulfillment of all competent obligations. It is noted that the principle of good faith implies respect for the rights of others and attempts not to harm their interests or rights. It is recommended to consider the principle of conscientiousness in the implementation of administrative procedures as the principle of a responsible attitude of an individual to the consequences of his activities.
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To the best of our knowledge, this study is the first of its kind to present a thorough analysis of the contextual forces that have an indisputable impact on the innovation ecosystem of the Czech public administration. It seeks an answer to the following question: Which political factors influence the innovation ecosystem of the Czech public administration? The study aims to identify and describe the key legal and governmental documents that determine the volatile political environment for the implementation and development of innovative public administration in the Czech Republic. Attention is also paid to the international actors (EU, OECD, OPSI), whose activities significantly influence the direction of the Czech public administration in the field of innovations. The study concludes that from a political, legislative and methodological point of view, the conditions for innovation in public administration have been created in the Czech Republic. However, the question remains of how to actively use these conditions.
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Review of: Alexander ONUFRÁK: Vznik a vývoj britskej sociálnej politiky. Košice: UPJŠ v Košiciach, 2021. 238 s. ISBN 978-80-8152-998-6.
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Review of: Karol Čukan - Ľudovít Šrámek: Verejná Mienka (História, Teória, Výskum) Trnava: UCM, 2013, 180 s. ISBN 978-80-8105-495-2
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The aim of the paper was to present fundamental assumptions of axiology of law by Stanisław Czepita and broadly formulate his scientific attitude. As to the second issue, his approach can be described as analytical. The analytical sources of Stanisław Czepita’s scientific approach can be identified in three layers. Firstly, he attached great importance to conceptual analysis. Secondly, he treated the particular legal sciences very seriously, particularly civil law dogmatics. Lastly, Stanisław Czepita developed cooperation with the philosophy of language, semiotics and the philosophy of logic. As to axiology of law, at the beginning of his research he was a moderate cognitivist but later he accepted that values exist objectively and that they are cognizable. Although Stanisław Czepita belongs to the analytical camp, one can classify him as an iusnaturalist. In other words, analytical approach can be easily combined with cognitivism and formulating moral demands towards law.
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The article is focused on financing of Polish support to displaced persons arriving to Poland from Ukraine after 24 February 2022, so after the Russian invasion on Ukraine. Poland has introduced a new statute and has amended general rules applicable in mass influx situations. That area of law is regulated also by Directive 2001/55/EC which establishes a minimum standard of displaced persons’ rights, leaving their financing primarily to national budgets. The Council Implementing Decision (EU) 2022/382 is the first law which has activated the Directive. Under the amended Polish law, support to persons from Ukraine is subject to the availability of national financial resources, which contradicts the principles of public finance law because Polish law does not establish predictable sources of financing, and spendings are not controlled by the Polish Parliament.
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The exercise of discretionary power by the administration when it performs regulatory or implementation tasks may be necessary, and sometimes politically expedient. It may, however, undermine business confidence and, more generally, citizens’ allegiance to the political system. It is not therefore surprising that many governments are implementing policies for reducing or eliminating administrative discretion3 . Access to citizenship status is an important prerequisite for enjoying rights and privileges, such as migration and political rights, as well as for developing a sense of identity and belonging. Since the establishment of Union citizenship, all persons who are nationals or citizens of an EU Member State enjoy the status of EU citizenship, which confers on them a number of additional rights and privileges. However, Member States retain full control over who can be recognized as a citizen. In the last years is also a phenomenon in which member states have proposed more liberal policies related to European citizenship acquisition based on the need to revive their economies and finances or also in order to attract more working forces due to their population which is aging quite fast. The objective of this study is to analyze the discretionary power of the administrative institutions and internal policies of member states in according their citizenship in relation to their obligations toward European Union mainly after February 2022.
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