Charakter prawny zażalenia na postanowienia Prezesa Urzędu Ochrony Konkurencji i Konsumentów w świetle kodeksu postępowania cywilnego

Author(s): Łukasz Błaszczak / Language(s): Polish Issue: 96/2015

This article concerns the legal character of appeals against the orders of the President of the Office of Competition and Consumer Protection. This is an important issues and important from the point of view of Civil Procedure. Author’s Note focused on assessing whether the complaint is in the nature of an appeal or complaint. Rating author moving in the direction that the appeal against the decision of the President of the Office of Competition and Consumer Protection is close to the action as a means of legal protection.

Zakres pojęcia należności celnych w świetle unijnego kodeksu celnego

Author(s): Adam Drozdek / Language(s): Polish Issue: 96/2015

Customs legislation establish rights and obligations of importing and exporting goods from the territory of the European Union and the powers and duties of the customs authorities. One of the primary responsibilities of the persons importing or exporting goods from the territory of the state is obliged to pay customs duties. They are not imposed only for strictly fiscal, but serve to protect the EU market against competing goods imported from abroad. Customs duties are one of the basic institutions of the European Union customs law. Despite it still lacks theoretical studies devoted to this legal institution.

W sprawie koncepcji art. 30 i 25 Statutu Międzynarodowego Trybunału Karnego

Author(s): Dominika Dróżdż / Language(s): Polish Issue: 96/2015

The professional autonomies (self-governments) are an essential form of decentralization of public administration in Poland. According to The Constitution of the Republic of Poland of 2nd April, 1997 professional self-governments shall concern a profession in which the public repose confidence, with the proper practice of such professions in accordance with, and for the purpose of protecting, the public interest. Self-governments perform entrusted public task independently, under supervision of state. From the legal point of view self-government is homogeneous category. It was not established, as in case of the units of local government, that the independence of professional autonomies shall be protected by the courts. In literature, as well as in judicial jurisdiction, it is problematic to determine of range and borders of professional independence in performance of public task. The doubt concern especially corporate ethical code. The paper presents research and jurisdiction points of view concerning nature and structural role of professional self-governments in Poland.

Rozważania o prawie i jego nauczaniu w korespondencji Hugona Kołłątaja z Tadeuszem Czackim

Author(s): Ireneusz Jakubowski / Language(s): Polish Issue: 96/2015

Author is presenting the opinions about the law and its teaching in Poland in late 18th and early 19th century expressed by two significant characters of the Polish social and intellectual life – Hugo Kołłątaj and Tadeusz Czacki. The fundamental core of his paper are opinions expressed by Kołłątaj and Czacki in their epistolary correspondence which was written between 1803 and 1805. A cause of their correspondence was to transform the Krzemieniec’s Secondary School into an Academy. Both scholars, but most notably Kołłątaj, suggested the methods of the division of the law and its systematization. They also pointed out which branches of law shall be predominantly taught during the legal studies. They were writing about the importance of the law of nature, law of nations, as well as the methods of teaching Polish civil and criminal law. In the final part of his paper, author is presenting Kołłątaj’s and Czacki’s opinions about the role of Roman law in the process of the evolution of old Polish law. He is also presenting their opinions on the role of Roman law in the intellectual formation of the future lawyers. Both Czacki and Kołłątaj were not supporters of the idea of the presence of Roman law in the legal curriculum. Nevertheless, Roman law was included in the Krzemieniec’s legal curriculum as a separate subject. In the conclusion, author pointed out that the Kołłątaj was the one, who was more learned in law. His opinions about the law were much more distinct. It was a natural consequence of his legal education. Czacki, instead, knew law thanks to his self-studies, reading of the distinguished legal works and examination of the Roman law sources.

Reforma ustroju miast pruskich barona vom und zum Steina z 19 listopada 1808 roku w organicystycznej interpretacji Ottona von Gierke

Author(s): Mariusz Kopczyński / Language(s): Polish Issue: 96/2015

Indem ich den Artikel geschrieben habe, stellte ich mir den Ziel, die Bedeutung der Reformen des Freiherrn vom und zum Stein zu präsentieren. Sowohl der Reformen als auch der Gestalt des Freiherrn hat der deutsche Geschichts- und Rechtstheorie- Wissenschaftler Otto von Gierke eine große Bedeutung hinzugeschrieben. Der Berliner Professor hat besonders auf eine der Reformen des preußischen Politikers verwiesen. Es handelt sich um die seiner Meinung nach meist ausschlaggebende Städteordnung vom 19 XI 1808. Indem Gierke sowohl den Inhalt als auch den Kontext der Erklärungen des Freiherrn ergründet, kommt er zu Schlussfolgerung, dass die bisherigen Interpretationen dieser Gestalt, im Sinne, sie zu einer konkreten ideologischen Familie einzustufen auf falschen Voraussetzungen gegründet waren. Die Autoren haben einerseits die übermäßige Bedeutung den Französisch Revolutionären Inspirationen des von Steins hinzugeschrieben. Andererseits haben die Autoren versucht, zu bewiesen, dass seine Reformen einen nur halb, in Wirklichkeit einen konservativen Charakter tragen. Es haben sich zwei Statements entwickelt: von Stein wurde entweder als Frankophil Liberal oder ein der kaum irgendwelche Veränderungen zulassender Konservativste dargestellt. Sein Preußentum war unterdessen ein Teil des weiteren allgemeindeutschen Kontexts, was es dem Gierke gelungen hat, zu beweisen. Mit anderen Worten zu sagen, war von Stein ein deutscher Patriot, der nur auf dem preußischen Abschnitt gearbeitet hat. Man könnte sagen, er war ein deutscher Nationalist avant la lettre.

Wybrane aspekty azione di classe w prawie włoskim

Author(s): Michał Krakowiak / Language(s): Polish Issue: 96/2015

The purpose of this article is to discuss the selected aspects of class action in Italian law – azione di calsse. The Author discusses the genesis of introduction azione di classe to the Italian Consumer Code of 6 September 2005, by virtue of the Act on amending of 24 December 2007. In Italy, the issue of class action has become extremely significant in relation to financial scandals concerning the Argentine bonds, as a result of which they were victimed crowds of Italian creditors. In Art. 140-bis paragraph 1 and 2 of the Consumer Code regulated primarily subjective and objective scope of azione di classe, considerably narrowing it. Furthermore, the procedure was built as a two-phase procedure consisting of the preliminary stage in which the court examines the admissibility of the action and the stage of substantive resolution of the case. To the extent not covered by Art. 140-bis of the Consumer Code, the provisions of the Code of Civil Procedure of 1940. It should also pay attention to the two roads possibilities for settlement of class action by the court. In the science of Italian law the current model azione di classe is criticized.

Status prawnomajątkowy Ludwiki Marii de Gonzaga w świetle intercyz małżeńskich z roku 1645 i 1649

Author(s): Tadeusz Szulc / Language(s): Polish Issue: 96/2015

The Ludwika Maria matrimony with Władysław IV Waza took the princess out for the peak of the social hierarchy. The amount of the dowry was 2 100 000 livres. The king of Poland obtained 600 000 liwrów from this amount. The remaining amount was at the disposal of Louise Marie. The Queen was to receive from the Republic of Poland the housing of a dowry. The Queen has retained the right to property in France and in the Polish-Lithuanian Commonwealth.

Efektywność ekonomiczna oraz inne kryteria oceny stanów rzeczy w ekonomicznej analizie prawa

Author(s): Michał Araszkiewicz / Language(s): Polish Issue: 96/2015

The paper focuses on the fundamental methodological problem of criteria of assessment of states of affairs that are employed in economic analysis of law. The basic normative claim of law and economics is that the law, analyzed on different layers and in different domains of legal argumentation (for instance, legal institutions, legal regulation, judicial decisions, legislative process) should be economically efficient. This thesis together with the conceptual framework assumed by it constitutes a basis for economic modeling of legal phenomena. The basic concept of economic efficiency is relatively rarely analyzed, apart from standard textbook approaches. This paper aims to provide a step towards a deepened investigation into the basic conceptual assumptions of economic analysis of law. It is claimed that the two elements of criteria which are applied in economic analysis of law should be carefully distinguished: the parameter applied to quantify the state of affairs in question and the adopted account of optimality and improvement. As for the former aspect, the main parameters used in the modelling are: money (wealth) and utility (or cognate concepts such as welfare, however, as it becomes apparent, these concepts should not be used interchangeably). As for the latter aspect, the standard criteria of Pareto efficiency and Kaldor–Hicks efficiency are briefly discussed on the background of a broader theme of compensationist criteria. The concept of social welfare function is also discussed. The chapter is concluded with emphasis on the need of thorough analysis of the assumptions that are backing the abovementioned concepts and for engaging into a discussion with contemporary literature of the subject. The lack of such methodological approach will leave the economic modelling of legal phenomena on rather shaky foundations.

Czynniki podażowe i popytowe na rynku nieruchomości mieszkaniowych w Polsce

Author(s): Kamil Borowski / Language(s): Polish Issue: 96/2015

Housing needs are universal and apply to all citizens over the lifetime of the people. Household ownership housing is a basic and important challenge consumer. The apartment is also good, and good basic objective numbered among the most expensive goods. The property caters to specific needs, but is also a tangible asset. This means that it is good that we acquire that brought income. Demand for real estate will therefore demand both people looking for a place to live and demand of people who are looking for property to invest. Development and the complexity of the housing market makes the need for a well thought out economic policies, taking into account the situation in the property. Problems related to housing policies have an impact on many people. The article presents the conditions of functioning and development of the real estate market in Poland. In particular, attention was paid to housingand its policy in this regard. An important element of factors are supply and demand in the housing market in Poland. A thorough analysis of the phenomena occurring can diagnose the current state and determine courses of action for the future.

Metodologia badań empirycznych nad pomocą prawną. Stan obecny i perspektywy rozwoju

Author(s): Jan Winczorek / Language(s): Polish Issue: 96/2015

The paper discusses methods of empirical research on public legal aid, used outside of Poland. It ocuses on paths to justice methodology, which since late 1990 has been used in few dozen studies around the world. While stressing many advantages of this approach, the paper also points at its limitations and possibilities of further development. In summing up, it indicates the need of completing similar studies in Poland.

GENEZA POWSTANIA PARTII POLITYCZNEJ NA PRZYKŁADZIE KONGRESU LIBERALNO-DEMOKRATYCZNEGO (1983–1990)

Author(s): Dominik Szczepański / Language(s): Polish Issue: 06/2009

The paper aims at presenting a genealogy of the origins of one of the most influential political groupings in Poland of the early 1990s – Kongres Liberalno-Demokratyczny (Liberal-Democractic Congress). The beginnings of the party are related to a periodical „Przegląd Polityczny” which has been published since 1983 escaping the political censorship. „Przegląd Polityczny” was a fulcrum of the milieu of young liberal intelligentsia in Gdańsk. In the first period of its existence, the milieu of Gdańsk liberals opted for active participation in the underground Polish political life without seeing a necessity of creating a political programme. Only in 1988, an initiative was taken to organise the I Kongres Liberałów (I Congress of Liberals). Basing on changes introduced to Law on Associations, an application was filed to register a political party. The process culminated in the establishing of Kongres Liberalno-Demokratyczny during a founders’ congress which took place 29–30 June 1990. Janusz Lewandowski was elected the chairman of the party although Jan Krzysztof Bielecki, supported by the Polish President Lech Wałęsa remained an informal leader of the party. Being one of the most mature political parties – in terms of its programmatic basis – Kongres Liberalno- Demokratyczny proved still immature in organizational terms, being unable to draw on the experience of either conservatists or liberals. This situation could be explained by pointing to ideological views of KLD members, modelled on Western exemplars as well as the characteristics of the broader environment in which they came to act. Some fears raised by free market and democracy also contributed to the fact that their initial courage in voicing radical slogans eventually resulted in their rapidly dwindling electorate and diminishing capacity of the party to make an impact on the electorate.

FUNDAMENTALIZM MUZUŁMAŃSKI NA PRZYKŁADZIE DZIAŁALNOŚCI BRACI MUZUŁMANÓW W EGIPCIE I JORDANII

Author(s): Bartosz Wróblewski / Language(s): Polish Issue: 06/2009

The term „fundamentalism” has become very fashionable in Europe and the USA recently. The press in the West links this term to Islam, which being methodologically erroroneous, has, nonetheless, as a slogan gained universal currency. The Author sheds light on one of the major fundamentalist groupings active predominantly in the Middle East, that is Muslim Brotherhood. This enables him to present the phenomenon of islamic fundamentalism in a broader context. The Muslim Brotherhood is a fundamentalist organization founded in 1928 by an Egyptian Hasan Al Ban. The Brotherhood has aimed both in the past and in the present at creating a society based on the Qurran principles as well as at rebuilding the Muslim unity, i.e. the califate. Currently, the organization acts in the whole world of Islam. It includes both extremist, even terrorist, and pacifist wings. The activities of the movement are discussed by the Author using an example of two countries – Egypt and Jordan. In Egypt the Brotherhood is often forced to act undercover, in conspiration, while in Jordan it has always been a legally recognised association. Using these examples it might be shown that organisations of this type act either in legally permissible or unlawful manners depending on the contextual conditions and the type of political regime framing their functioning. This conclusion is especially important if an attempt is made by an European observer to cast a value judgement on the Brotherhood. The organization of Muslim Brothers in Jordan has taken part in general elections since 1989, competing with political parties which have different political programmes within a pluralist electoral system. Whereas in Egypt the Brotherhood must take into account presidential authoritarian power, in Jordan it faces a challenge constituted by modern parliametarian system and fragmented public opinion. These differences are emphasized in the paper.

FILOZOFIA POLITYKI

Author(s): Magdalena Żardecka-Nowak / Language(s): Polish Issue: 06/2009

The paper contains a brief presentation of political philosophy as an important branch of contemporary philosophy. In the first part, the subject matter of this discipline is discussed, different approaches to it as well as its interlinkages with other disciplines of science. In the second part, major aims which the discipline is striving to achieve are named as well as most fundamental issues, positions, controversies and divides. The third part includes a historical resume of political philosophy starting from the ancient times until the current period. The paper tries to show the richness and complexity of the problematic covered by this discipline as well as its relevance. Contemporary political philosophy is one of the most vibrantly developing branches of philosophy.

SŁOWACJA NA DRODZE DO UNII EUROPEJSKIEJ

Author(s): Krzysztof Żarna / Language(s): Polish Issue: 06/2009

The Slovak Republic was born on 1 January 1993 resulting from a disintegration of the Czecho-Slovak Federation. Just like in the case of the other Eastern European countries, its foreign policy priority was defined in terms of the Republic’s integration with Euro-Atlantic structures. Compared to the other states in the region, the road of Slovakia to the European Union seems most exceptional. This exceptionality was caused by the political line pursued by Vladimír Mečiar’s cabinet in the period of 1994– 1998, which led to international isolation of Slovakia, made the country's bilateral relations with the neighbouring countries deteriorate, and let basic human rights be violated. Discrimination of the Roma and Hungarian minorities, using secret police forces to fight opposition as well as an increase in nationalist feelings resulted in Slovakia’s drop-out of the first group of CEE countries to apply for the EU membership. Slovakia’s relations with Hungry were particularly tense because of the Hungarian minority problem and the issue of Beneš’s decrees constituting a basis on which the property of many Hungarians had been confiscated after the war. The situation changed in 1998 when the so called „broad coalition” assumed power in Slovakia, led by Mikulaš Dzurinda. Dzurinda's cabinet's energetic efforts resulted in the Slovak Republic being invited back to the membership negotiations during the EU summit in Helsinki in 1999. In a short time the Slovaks became the leader of the negotiation process. Slovakia became a country attractive for many foreign investors, which contributed to its rapid economic growth. The systemic and economic transformation entailed, however, considerable costs exemplified by the rise of unemployment and much increased budget expenses to cover the social assistance needs. The EU accession referendum proved to be the Slovak population's manifestation in support of European integration. The fact that the referendum attendance only slightly exceeded the required minimum of 50% was, nonetheless, a case of concern. Representatives of practically all of the Slovak political parties spoke enthusiatically in favour of accession to the European Union. Some doubts were only voiced regarding dominant social views. Slovakia is a country of fairly small demographic potential. It is inhabited by barely 5,4 mln people. This is translated into an expected level of influence of Slovakia within the EU, which is insignificant. The Slovaks are represented by 1 commissioner, 14 deputies at the European Parliament, 7 ballots in the Council of the European Union, and some representatives in other Union’s institutions. In the circumstances, the Slovaks will be forced to seek allies to pursue their goals.

EHRENFRIED BRANDTS: PFERDE ZWISCHEN DEN FRONTEN ZUGVOGEL VERLAG WENZEL, MÜNCHEN 2007

Author(s): Wojciech Furman / Language(s): Polish Issue: 06/2009

JERZY EISLER: POLSKI ROK 1968 WYD. INSTYTUT PAMIĘCI NARODOWEJ, KOMISJA ŚCIGANIA ZBRODNI PRZECIWKO NARODOWI POLSKIEMU, WARSZAWA 2006

Author(s): Anna Pięta-Szawara / Language(s): Polish Issue: 06/2009

ROBERT ŁOŚ: POLITYKA ZAGRANICZNA SŁOWACJI WYDAWNICTWO UNIWERSYTETU ŁÓDZKIEGO, ŁÓDŹ 2007

Author(s): Krzysztof Żarna / Language(s): Polish Issue: 06/2009

STOSUNKI POLSKO-CZESKO-SŁOWACKIE 1918–2005, RED. J. GMITRUK, A. STAWARZ MUZEUM HISTORII POLSKIEGO RUCHU LUDOWEGO, WARSZAWA 2006

Author(s): Krzysztof Żarna / Language(s): Polish Issue: 06/2009

“Investing in Children”: a dominant discourse on childhood and children in 21st century

Author(s): Wielisława Warzywoda-Kruszyńska / Language(s): English Issue: 1/2015

Looking at the last 30 years, one can observes the radical change in the academic and political discourse concerning childhood and children. The concept of “investing in children” has become dominant in the academic discourse and political programme of at least the European Union. Investing in children is located at the core of the social investment strategy. In this article, the social investment paradigm is characterised, and two types of arguments for investing in disadvantaged children are presented. J. Heckman’s explanations concerning the stage of a child’s life cycle in which to invest, and how, are presented. Practical implementation of the Early Child Education and Care in the European countries is outlined.

From poverty to wellbeing: Children as subjects of sociological research and emerging agents on the policy arena in Estonia

Author(s): Dagmar Kutsar / Language(s): English Issue: 1/2015

The aim of this paper is to present a retrospective of child poverty research in Estonia: how it has developed from the social and political acknowledgement of poverty as a social issue in the early 1990s onwards, and how child poverty research has contributed to the development of political thought. The paper follows the use of a new paradigm of childhood research, and revisits the methodological approaches and main research findings that have enhanced the understanding of children as a new policy interest group in politics.