CNS Czasopisma Naukowe w Sieci
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Związek Polaków „Zgoda” w RFN wobec Polaków na Wschodzie
No full textThe aim of this article is to present the position of the Union of Poles “Zgoda” in the FRG regarding the Polish diaspora in Lithuania, Belarus, Ukraine, and Russia, as well as the challenges they faced. As the largest Polish diaspora organisation in the FRG, which maintained close ties with the authorities of the Polish People’s Republic (PRL) and benefited from this cooperation, the Union of Poles “Zgoda” refrained from establishing contact with Poles in the Soviet Union prior to 1989, a stance that can be understood in light of the political context. The situation shifted during the period of systemic transformation in the countries of the former Eastern Bloc. The Union of Poles “Zgoda” supported compatriots in the East and their efforts to maintain Polish tradition and culture. Based on the union’s archival materials and publications in its journal “Głos Polski”, this article employs historical methods to to provide evidence in support of the above thesis while outlining the difficult circumstances of Poles living in the East
Rady Narodowe — jednolita władza państwowa i zaprzeczenie idei samorządności jako przejaw autorytaryzmu w okresie PRL
No full textThis article presents a legal characterization of the representative bodies of the Polish People’s Republic (PRL)—the National Councils, from the perspective of their essence, constitutional position, and the realization of the concept of self-governance. Employing linguistic-logical, axiological, and historical methodologies, the article analyzes the idea of territorial self-government, which in democratic systems constitutes the foundation for the decentralization of power and civic participation. The significance of territorial self-government for the democratization of state structures and the prevention of authoritarian tendencies is also subjected to rigorous analysis. The National Councils, as public authorities established by the Act of March 20, 1950, on territorial organs of unified state power, were introduced into the PRL’s constitutional framework as the basis for local socialist democracy, representing a reception of Soviet state model. In the contemporary literature, the National Councils were characterized as organs of socialist territorial representation, intended to serve as a sui generis equivalent to territorial self-government and its inherent values. This article juxtaposes the stance of socialist administrative law literature with the reality that emerged following the enactment of the above-mentioned act, as well as with literature made after the democratization of the Republic of Poland. This analysis incorporates historical context, illustrating the evolution of the PRL’s state system and examining the influence of the doctrine of unified state power on the shaping of the role and position of the National Councils. The issue of the National Councils as a manifestation of increasing authoritarianism is contrasted with the concept of territorial self-government as an expression of opposing (democratic) tendencies. The article provides a negative response to the question of whether the National Councils and the entire apparatus of unified state power in the PRL fulfilled their stated objectives related to socialist democracy and the representation of society within the structures of that power. The article also addresses both the former stances of administrative law doctrine and modern perspectives that challenge the historical achievements of administrative law and theory of administration, highlighting the instrumental treatment of the National Councils by the centralized state authority. Consequently, this article aims to demonstrate the National Councils as a territorial instrument of unified state power rather than as an organ realizing the idea of self-governance, which is characteristic of the PRL’s authoritarian system. The article further examines how the adopted state system influenced the limitation of the National Councils’ autonomy and their capacity to represent the interests of local communities. Additionally, the analysis includes a comparison of the National Councils with the system of territorial self-government that was reinstated in Poland after 1989, thereby elucidating the distinctions between these two models of local governance
Od architektury wyboru do władzy epistemicznej: klasyczny nudging w krajobrazie instytucjonalnych technik wpływu
No full textAs behavioural tools become increasingly prevalent in public policy, choice architecture has emerged as a significant mechanism through which modern states influence citizens’ decisions. Classical nudging interventions, grounded in behavioural economics and libertarian paternalism, subtly modify decision-making contexts to steer behaviour without formally restricting individual freedom. Despite their operational effectiveness, such approaches have sparked significant concerns regarding their compatibility with democratic legitimacy and transparency. This article argues that classical nudging may function as a form of soft cognitive engineering, potentially eroding reflective agency and epistemic autonomy. Using a comparative framework, the article analyzes how choice architecture relates to other institutional mechanisms of state influence—such as legal regulation, fiscal incentives, public deliberation, and informational strategies. A typological method is employed, focusing on the transparency, reversibility, and epistemic relationship between intervention designers and recipients. The findings reveal that classical nudging is characterised by deep epistemic asymmetry and limited possibilities for contestation, aligning it more closely with technocratic or even authoritarian models of governance than with participatory democratic ideals. Rather than supporting civic deliberation, such interventions may reinforce structures of epistemic dominance. The article is concluded by outlining a conceptual alternative: deliberative choice architecture—an approach grounded in transparency, citizen co-creation of decision environments, and the enhancement of cognitive capacities
Auschwitz-Birkenau jako miejsce pamięci i element trudnego dziedzictwa. Studium administracyjnoprawne – część I
No full textThe article examines the consequences of the instrumentalisation of administrative law, employed as a “tool” to achieve the objectives of power in a totalitarian regime. It also examines the methods and scope of dealing with the remnants of historical events associated with such instrumentalisation, focusing on their preservation, dissemination, and appropriate presentation. The purpose of the study is to analyse the existing legal provisions aimed at protecting the material substrates of specific events and ensuring the lasting commemoration of facts, occurrences, and individuals related to them. The research seeks to determine whether these provisions provide a sufficient legal foundation for fulfilling the functions for which they were enacted. The study also explores the legal meaning of the concepts of difficult heritage and sites of memory, with particular emphasis on their normative context. Additionally, the article discusses the legal status of elements of difficult heritage and memory sites, along with current issues concerning their management. The conclusions drawn from this study are of a universal nature, although the research is limited in scope to the former German Nazi concentration and extermination camp Auschwitz, the Auschwitz-Birkenau State Museum and Memorial established on its grounds. This selection is not incidental: the camp holds a deeply symbolic dimension, serving as an example of the consequences of the instrumental use of law under totalitarian rule, and of legal norms being imbued with axiological anti-values. It concerns a situation in which legally codified lawlessness served as the formal basis for crimes against humanity (the extermination of populations). These sites also constitute elements of difficult heritage that contemporary society continues to confront– heritage that must be protected and properly interpreted to serve as a warning for future generations. To achieve the stated objectives, the study will employ the dogmatic method, involving the analysis and interpretation of legal texts, as well as the historical-legal method, which considers the evolution of legal institutions over time. The analysis will be supplemented with necessary references to the practice of law, particularly in the field of heritage management. The application of research methods made it possible to determine the legal meaning of the terms “site of memory” and “difficult heritage”, as well as to compare difficult heritage with other types of heritage, including cultural heritage and heirless heritage (heritage without heirs). It was found that the analysed legal provisions establish a sufficient basis for carrying out the functions for which they were introduced—both those concerning the protection of such sites and those aimed at shaping specific interpretations of historical facts (the educational function). However, an examination of current practical challenges in the operation of the Auschwitz-Birkenau State Museum revealed that this area is subject to considerable change. The currently binding legal norms do not always guarantee full protection of difficult heritage from inappropriate use or instrumentalization. Therefore, it is essential to continuously adapt the existing legal framework to the changing social and cultural reality and to seek new tools for effective governance. Such efforts will enable the preservation of the most fundamental values associated with protection: historical truth and the memory of the victims. It was also noted that, in certain cases, the role of law becomes secondary. Consequently, the most crucial element is the continuous raising of public awareness, education, and sensitization of society to the historical events connected to sites of memory
Germanofil czy realista? Władysława Studnickiego wizja polityki zagranicznej wobec nadchodzącej II wojny światowej
No full textWładysław Studnicki – political publicist of the interwar period– remains a largely forgotten and controversial figure in Polish historiography. Scholarly literature has perpetuated the view that he was a Germanophile – a characterisation that, already during his lifetime, provoked strong emotions and opposition, and which today often leads to a simplified and unequivocally negative assessment of his intellectual legacy. The purpose of this article is to examine whether Studnicki’s views stemmed from ideological sympathy toward Germany or rather from a realist and pragmatic assessment of the geopolitical situation in East-Central Europe during the 1930s.
The study employs the historical method, based on the analysis of primary sources– including Studnicki’s own publications, his press articles in the Vilnius daily Słowo, as well as contemporary scholarly works. The findings indicate that his pro-German postulates were primarily instrumental in nature and derived from rational political and economic considerations. Studnicki regarded the Soviet Union as the principal threat to Poland’s sovereignty, while viewing Germany as a potential counterbalance to Soviet expansionism. In this context, his advocacy of closer relations with the Third Reich was intended to preserve the independence of the Polish state and to promote regional stability. Although Studnicki was not uncritical of Germany, his favourable stance toward it was rooted in the belief that cooperation with Berlin could yield strategic and modernising benefits for Poland. Nonetheless, it cannot be overlooked that he displayed a certain fascination with the German nation and, even after 1939, did not entirely renounce some of his earlier views. Ultimately, his position may be interpreted as an attempt to articulate a realist conception of foreign policy, albeit one marked by distinct elements of Germanophilia
Działalność Instytutu Badań Spraw Narodowościowych (1921‒1939)
No full textThe activities of the Institute for the Study of National Affairs until the end of 1923 were limited to discussion evenings and lectures. After resuming operations in 1926, the tasks of the Institute involved researching nationality issues from the perspective of statistics, geography, law, sociology and history. The situation of individual nationalities in Poland and abroad was also analyzed in the economic, political, social, and cultural fields. Particular emphasis was placed on Polish minority groups in border areas. Additionally, the Institute contributed to a better understanding of Polish society and national minorities in Poland by publishing gathered materials, organizing lectures, talks, and conferences. It also collaborated in creating conditions for friendly and harmonious coexistence of nationalities within the Republic. The Institute also maintained relations with similar scientific and social institutions in the country and abroad
Włoski faszyzm w myśli politycznej Teodora Aleksandra Trzaski-Chrząszczewskiego do 1939 roku
No full textItalian Fascism was an important topic in discussions about the political system of the Second Polish Republic. The representative of Polish political thought in the interwar period, who observed the socio-political changes on the Italian Peninsula with great interest, was Polish politician and philosopher of history, critic of the democratic system and creator of the oscillation theory, Teodor Aleksander Trzaska-Chrząszczewski. He traced the genesis of fascism in cyclical historical processes that manifest themselves in successive “tides and ebbs” of the waves of liberalism (democracy) and autocracy. Such a great “surge” of liberalism occurred in the 19th century which was the era of liberal constitutionalism. However, the beginning of the 20th century marked the “ebb” of freedom and the importance of the ideology of human rights. As early as 1922, Trzaska-Chrząszczewski wrote about the “twilight of parliamentarism” in Italy, caused by Mussolini’s “march on Rome”. Trzaska-Chrząszczewski provided a highly insightful characterisation of the fascist socio-political changes. According to him, totalism had two variants: mental and economic
Oddziaływanie zmian politycznych na sytuację wymiaru sprawiedliwości
No full textThe study concerns the impact of political changes on the situation of the justice system in various states. The introduction presents issues related to the separation of powers, from Montesquieu’s theory to attempts to build state systems based on these values. A special role is played by the judiciary, because on the one hand it is supposed to be independent, but on the other it must apply the law adopted by the legislative power, often being also dependent on the executive power. Several examples present situations in which changes in the justice system occurred in the past after a group, even with quite significant social support, took power. From its complete destruction, as happened during the Khmer Rouge revolution, through its violent subordination in Argentina and Peru. Even when the justice system significantly supports the reforms introduced, as was the case in the Third Reich or in Chile, the executive power still subjects the legal system to significant pressure and ultimately strives to take control over it. The situation is usually repaired as a result of a change in the executive and legislative power, or as a result of internal pressure or international institutions, and often even armed intervention by third States
Economic planning in an authoritarian state vs. socio-economic development planning in a democratic state
No full textArtykuł identyfikuje fundamentalne elementy procesu planowania odnoszące się do systemu politycznego państwa, w tym podstawowe zasady systemu gospodarczego. Wskazuje cechy planowania gospodarczego w państwie autorytarnym oraz charakterystykę planowania rozwoju społeczno-gospodarczego w państwie demokratycznym. Oprócz analizy regulacji prawnych autorzy podejmują również zagadnienia ekonomiczne, w tym przedstawiają kryteria efektywności w kontekście badań nad planowaniem
Zbrodnie i kara… Odpowiedzialność osób fizycznych przed Międzynarodowym Trybunałem Karnym
No full textThe article analyses both the origins and the contemporary approach to the responsibility of natural persons in the sight of public international law. The responsibility of natural persons for the most serious crimes of international concern is neither a common issue nor one based on centuries of rich codification. Therefore, the establishment of the International Criminal Court in 2002 as the first permanent international court adjudicating against individuals should be viewed positively. Unfortunately, the functioning of this body, and above all the effectiveness of its actions raise many doubts