Adam Mickiewicz University Law Review
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Evidence From Artificial Intelligence in General Administrative Procedure
Get PDFArtificial intelligence is becoming an element of everyday life, and also a part of administrative proceedings. The legislator systematically adds regulations that allow public administration bodies to use artificial intelligence. At the same time, the Code of Administrative Procedure has not been amended in this respect. The article tries to establish what artificial intelligence evidence is. In addition, the issue of whether the rules on administrative evidence should be changed to cover the use of AI evidence is examined
The Illegal Wildlife Trade in Poland – Crime Control Models
Get PDFWildlife traffickindg of endangered species is an international crime that is increasing in in terms of its significance and position in the global crime hierarchy. This phenomenon is a significant subject of research for both traditional and green criminology. The representatives of green criminology, when discussing the criminal policy in matters related to green crimes, refer to its broad meaning. From this perspective, “green criminal policy” includes: a) the legal and social approach, b) a regulatory system that emphasizes social arrangements, norms and reforms in the production and consumption system; and c) a system of social interactions. Each of these models is presented in the article. In this context, the results of qualitative research on the state of the social control of illegal trade in wild fauna and flora in Poland will also be cited
The Right to Disconnect in the Context of Employees’ Mental Health
Get PDFThe development of technology has a significant impact and creates new requirements in the field of labour-law relations. One of these requirements is the protection of occupational health and safety by preventing the blurring of boundaries between employees’ work and private lives. The most important means which is currently the subject of discussions in the professional community, but also in practice, is the right to disconnect. This paper is devoted exactly to this right, its perception at the level of the institutions of the European Union, and its legal enshrinement in the legislation of the Slovak Republic
African Legal Instruments as Regional Tools of Harmonization of International Environmental Law
Get PDFEnvironmental degradation in the world in general, and in Africa in particular, is occurring on a scale of increasing concern. The challenge for public policy is to change the relationship between people and their environment in order to reverse this trend. To this end, in an internal and an international context characterized by, on the one hand, the establishment of democracy and the rule of law and, on the other, by the globalization of environmental law following the Rio Conference (1992) in particular, the rule of law has naturally emerged as the key tool for these transformations. The aim of this article is to identify and analyze the African legal instruments and the actions of transformation in the relationship between the regional legal framework and international environment law, with the goal of the sustainability of natural resources and sustainable living environment as the key environmental issues in a fragile region. Africa is in the processes of decision making and adopting environmental protection methods as it embarks on a normative production process, with the aim of producing a law combining international standards and local norms and practices. The contemporary issues of environmental protection in Africa are analyzed in an interdisciplinary approach
The Qualification of Action in Administrative Justice and its Perils – the Czech Experience
Get PDFThis paper concerns the system of the ‘main’ types of administrative action in the Czech administrative justice, more precisely the qualification of the ‘correct’ type of an action. The boundaries between action types are not always clear, which has consequences for the protection of applicants’ rights in the administrative justice proceedings. The first part of the paper deals with the theoretical level of the problem outlined. The second part deals with some recent changes in Czech case law and proposes possible solutions
Efficiency of criminal proceedings and their cost
Get PDFTo sum up, it should be stated that the concept of efficiency should be understood as a quick, effective and rational operation of the participants in the proceedings, taking into account the principles of efficiency and savings of financial resources. The length of proceedings is one of the most acute problems not only of criminal law, but also of the administration of justice in general. The first and foremost reason for such a classification is that the excessive length of proceedings prevents a fair hearing, since it does not respect the constitutional right to have a case heard without undue delay. Secondly, long proceedings generate high costs, an issue particularly important when these costs are borne by the State Treasury and thus not by the convict whose culpable behavior has caused them to arise.The issues of efficiency of criminal proceedings and their costs are inextricably linked. Furthermore, it establishes that the efficiency of criminal proceedings determines the level of generated costs. The research shows that the quality of the proceeded cases depends on the financial outlays and that the costs indicated by the procedural authorities do not correspond with those actually incurred. In conclusion, it should be pointed out that financial aspects fall within the scope of the regulatory impact assessment and constitute a priority when im-plementing new legal provisions, in direct relation to the economic analysis of law and the efficiency and costs of ongoing proceedings
Data Altruism or Voluntary Data Sharing in the Economy
Get PDFAlong with technological progress, one can observe socio-economic changes taking place, and the transformation of the EU economy into a digital economy is an eloquent example. The scope of this transformation includes data, which plays an important role in the economy. This may be readily inferred from the European Strategy for Data published by the European Commission, which envisages a data-driven economy. The transformation towards a data-agile economy results in certain modification in the legal space. For instance, the proposal for a data governance regulation introduces an entity referred to as a data altruism organisation. The proposed act also requires EU Member States to designate a competent authority. This paper examines the functioning of said organisations and attempts to define their status, and discusses the duties of competent authorities which may possibly supervise the activities of data altruism organisations
Some Legal Aspects of Plagiarism Among Students
Get PDFThe paper describes the scope of the legal consequences of plagiarism among students in terms of copyright. The main question is connected with the scope and nature of the copyright protection against plagiarism. The issue is related to the specificity of the social role played by a student and to certain customs in the university community which enforce a certain behaviour and do not always require detailed references to the sources used. All university students have administrative and legal liabilities with regard to the university authorities, and in addition they bear full civil liability for their action
Improving Administrative Proceedings
Get PDFThe paper is an English translation of “Uwagi o doskonaleniu postępowania administracyjnego” by Zbigniew Janowicz published originally in Państwo i Prawo in 1978. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań
The Enforcement of Non-Discrimination Law and Sexual Minorities’ Rights in the EU: The Cases of Hungary and Poland
Get PDFThe principle of equality and the prohibition of discrimination on grounds of sexual orientation are enshrined in the EU Treaties. A strong baseline is also laid down in secondary EU legislation. However, the impact of the respective provisions is constrained in two ways: by challenges to their enforcement and, regarding the secondary EU law, by limitations in their scope to employment. This paper takes stock of the EU non-discrimination law with respect to sexual minorities’ rights as well as the enforcement mechanisms applied by the EU to safeguard implementation in Member States. To contextualize the findings, we analyse the cases of Hungary and Poland where measures adopted by state and local authorities have led to decisive steps by the EU, including withholding financial transfers. The paper identifies systemic weaknesses in existing enforcement mechanisms and concludes by pointing to institutional reform which could address them