Adam Mickiewicz University Law Review
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Wybrane zagadnienia z zakresu dostępu do informacji publicznej w samorządzie terytorialnym
Get PDFThe right of access to public information is one of the fundamental constitutional civil rights in the Polish legal system. Its rules on practical implementation regulate the law of access to public information. With the increase of civic awareness among citizens there also follows a growth in applications for access to public information. This has caused a range of problems and doubts in interpretation, which local government bodies haveto contend with when dealing with submitted applications. In this article the author presents the most common problems which local government bodies must face in practice.The right of access to public information is one of the fundamental constitutional civil rights in the Polish legal system. Its rules on practical implementation regulate the law of access to public information. With the increase of civic awareness among citizens there also follows a growth in applications for access to public information. This has caused a range of problems and doubts in interpretation, which local government bodies haveto contend with when dealing with submitted applications. In this article the author presents the most common problems which local government bodies must face in practice
Udział konsorcjum w postępowaniu o udzielenie zamówienia publicznego na przykładzie Polski, Wielkiej Brytanii i Francji
Get PDFThe aim of the study is to compare regulations relating to consortia applying for public contracts in Polish, British and French law. Although it is impossible to find a common definition of a “consortium” for all EU members, due to the harmonization of rules concerning the functioning of the public procurement markets, the solutions adopted by member states are quite similar. However, there are also some specific regulations in individual countries. It is worth considering the usefulness of the adoption of similar solutions in other countries. In each analyzed country the author describes the general legal aspects of the functioning of a consortium in the legal system, then refers to similar legal institutions e.g. partnerships or subcontracting, and finally characterizes the regulation relating to the participation of the consortium in the procedure for the award of public contract.The aim of the study is to compare regulations relating to consortia applying for public contracts in Polish, British and French law. Although it is impossible to find a common definition of a “consortium” for all EU members, due to the harmonization of rules concerning the functioning of the public procurement markets, the solutions adopted by member states are quite similar. However, there are also some specific regulations in individual countries. It is worth considering the usefulness of the adoption of similar solutions in other countries. In each analyzed country the author describes the general legal aspects of the functioning of a consortium in the legal system, then refers to similar legal institutions e.g. partnerships or subcontracting, and finally characterizes the regulation relating to the participation of the consortium in the procedure for the award of public contract
Corporate criminal liability in English law
Get PDFJuridical regimes have been created in order to punish corporate wrongdoing. Although the imposition of criminal liability on corporations, as opposed to managers or employees, has generate considerable debate, commentators have not comprehensively analyzed why corporate criminal liability exists. Furthermore, it is not clear that corporate criminal liability is the best way to influence corporate behavior. Following sections will try to find answers to the above mentioned questions
Legal analogy as an alternative to the deductive model of legal reasoning
Get PDFThis article demonstrates the inadequacy of legal deduction as a method that guarantees the certainty and predictability of law and its outcomes in concrete instances. Inter alia, the Author brings our attention to the far smaller role that the deductive pattern of inference plays in legal thought than one may suppose, since it is rather only a schematic illustration of the decisions that were previously made by recourse to the mental operations of a non-logical nature. In return, he proffers legal analogy as an alternative, by which he understands a mode of thinking which helps the reasoner to take into account a mass of different factors that are traditionally deemed to be relevant for legal thought and decision-making
Equality vs. differentiation: on solidarity and justice in social law
Get PDFThe paper describes the question of the principle of equality in social law against the background of permissible differentiation and its justification. The author refers to the axiology of social law as an instrument of social policy by presenting the function of social law. He discusses the question of social justice as distributive justice, and defines the principle of social solidarity and the principle of the common good as the most important for the healthcare system
Jurysdykcja w sprawach roszczeń o naprawienie szkody wyrządzonej wykonaniem zabezpieczenia w rozporządzeniu (UE) nr 1215/2012
Get PDFThe article is devoted to national court powers in cases for damages for the claim security in Regulation (EU) No 1215/2012. The paper presents basic information about general provisions and special jurisdiction. The study is focused on damages for the claim security in the Polish civil procedure and the essentially legal meaning of tort, delict or quasi-delict in European civil law. An interpretation of the aforementioned subjects in the jurisdiction of Polish courts and the Court of Justice is presented. The author tries to answer the question of whether a person domiciled in one Member State may be sued in another Member State as regards as a civil claim for damages for the claim security awarded and carried out in another Member State.The article is devoted to national court powers in cases for damages for the claim security in Regulation (EU) No 1215/2012. The paper presents basic information about general provisions and special jurisdiction. The study is focused on damages for the claim security in the Polish civil procedure and the essentially legal meaning of tort, delict or quasi-delict in European civil law. An interpretation of the aforementioned subjects in the jurisdiction of Polish courts and the Court of Justice is presented. The author tries to answer the question of whether a person domiciled in one Member State may be sued in another Member State as regards as a civil claim for damages for the claim security awarded and carried out in another Member State
Państwo laickie w świetle dorobku współczesnego konstytucjonalizmu europejskiego
Get PDFIn today’s Europe the secular state dominates. Disseminating the principles of the secular state in Europe promotes the diversity of religious and philosophical populations. The principle of the secular state no longer serves to reduce the social significance of religion or religious organizations. A way of expressing the principle of secularism in constitutional acts is diverse – it is often necessary for complex analysis of the content of the constitution. The principle of the secular state is expressed in the constitutions of approximately 14% of European countries. State Secularism is often equated with the principle of separation of church and state. In Europe, however, there are examples of countries that are exceptions to this rule. In total, the formal separation of church and state is expressed in approximately 25% of the constitutions of European countries. Often the principle of this separation in the Basic Law is expressed in a veiled manner. The most important feature of a secular state is considered to be the modern principle of neutrality. However, it is rarely explicitly expressed in the Basic Law in Europe. Its spread was mostly driven by the constitutional court decisions and statements of the doctrine of the law.In today’s Europe the secular state dominates. Disseminating the principles of the secular state in Europe promotes the diversity of religious and philosophical populations. The principle of the secular state no longer serves to reduce the social significance of religion or religious organizations. A way of expressing the principle of secularism in constitutional acts is diverse – it is often necessary for complex analysis of the content of the constitution. The principle of the secular state is expressed in the constitutions of approximately 14% of European countries. State Secularism is often equated with the principle of separation of church and state. In Europe, however, there are examples of countries that are exceptions to this rule. In total, the formal separation of church and state is expressed in approximately 25% of the constitutions of European countries. Often the principle of this separation in the Basic Law is expressed in a veiled manner. The most important feature of a secular state is considered to be the modern principle of neutrality. However, it is rarely explicitly expressed in the Basic Law in Europe. Its spread was mostly driven by the constitutional court decisions and statements of the doctrine of the law
Mikroplan zagospodarowania przestrzennego – analiza wybranych zagadnień
Get PDFThe article examines a new tendency in the Polish system of local spatial planning and development, i.e. the microplan of spatial development. The aim of the work is to verify whether the above-mentioned tendency is entirely compliant with the rules expressed by the lawgiver in the Act on spatial planning and development, as well as the basic principle of the planning activities – spatial order. Furthermore, the author focuses on the theoretical views on the construction of a local spatial development plan in the context of a microplan. The analysis also includes the relation between the above mentioned tendency and the rules governing the planning of self-governance as the entitlement exercised by the municipality.The article examines a new tendency in the Polish system of local spatial planning and development, i.e. the microplan of spatial development. The aim of the work is to verify whether the above-mentioned tendency is entirely compliant with the rules expressed by the lawgiver in the Act on spatial planning and development, as well as the basic principle of the planning activities – spatial order. Furthermore, the author focuses on the theoretical views on the construction of a local spatial development plan in the context of a microplan. The analysis also includes the relation between the above mentioned tendency and the rules governing the planning of self-governance as the entitlement exercised by the municipality
Capital punishment: a theoretical and cooperative analysis
Get PDFAmong all the different types of penalties that exist in the various juridical systems around the world, capital punishment, also known as the death penalty, is one of the most controversial ones. The discussion about its legitimacy and legality crosses social, philosophical, cultural, religious and historical fields. The present article aims to first analyze how capital punishment is treated in different parts of the world, whether it is present or not, and to later on focus on the attempts to justify such a harsh punishment, by both the retributive and utilitarian theories of punishment