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Beyond the Folk Belief About the Madness and Foolishness of the Inhabitants of Homs: Legend or Reality?

Author(s): Najla Kalach / Language(s): English / Issue: 1/2023

Keywords: Syria; Ḥomṣ; Oral Tradition; Folklore; Legend; Day of the Fool; Homsians’ Feast

The city of Homs, formerly known as Emesa, strategically located in the center region of Syria, has been long linked to a folk belief that portrays its inhabitants as mad and fool. Historical and traditional sources also link the alleged madness and foolishness of the Homsians to the day of Wednesday, the so-called ‟Day of the Fool” or ‟Homsians’ Feast”, which was considered a special day. The legend regarding the ‟Day of the Fool” and its celebration during Wednesdays has been passed down orally in the local culture and its origins likely trace back to ancient times when the city was still called Emesa. Therefore, this article attempts at reconstructing history and origins about this folk belief from past to present, and exploring the plausible reasons behind the supposed madness and foolishness of the inhabitants of Homs and their connections to Wednesdays by comparing three studies published after 2000s in Arabic by Homsian intellectuals, namely Al-Aḥmad, Samʽān, and Kadr.

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Quo vadis Collective Insurance? Observations on ECJ Rulings Affecting Group Insurance

Author(s): Katarzyna Malinowska / Language(s): English / Issue: 60/2023

Keywords: group; collective insurance; large risks; group organizer; policyholder

Niniejszy artykuł poświęcony jest rozwojowi ubezpieczeń grupowych w prawie Unii Europejskiej. Temat wydaje się istotny, gdyż ani prawo europejskie, jak również rzadko które prawo krajowe państw członkowskich UE definiuje umowę ubezpieczenia grupowego

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Przepisy wymuszające swoje zastosowanie w prawie ubezpieczeń i normy kolizyjne w dyrektywie ubezpieczeniowej 2009/103/WE

Overriding Mandatory Provisions in Insurance Law and the Conflict-of-laws Rules in the Motor Insurance Directive 2009/103/EC

Author(s): Mariusz Fras / Language(s): English / Issue: 60/2023

Keywords: przepisy wymuszające swoje zastosowanie; dyrektywa o ubezpieczeniach komunikacyjnych; prawo właściwe dla zobowiązań pozaumownych; prawo prywatne międzynarodowe.

Glosa dotyczy wyroku z 31.01.2019 r. w sprawie Agostinho da Silva Martins (C-149/18), w którejTSUE wypowiedział się na temat relacji przepisów zawartych w dyrektywie o ubezpieczeniachkomunikacyjnych 2009/103/WE z 16.09.2009 r. do unijnych norm kolizyjnych zawartych w rozporządzeniuRzym II w sprawie prawa właściwego dla zobowiązań pozaumownych.

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Władysław Andrychiewicz’s views on the protection of the business name

Author(s): Tomasz Dolata / Language(s): English / Issue: 332/2021

Keywords: Kingdom of Poland (Congress Kingdom); industrial property; business name protection; principles of the business name law; Władysław Andrychiewicz;

The most prominent lawyer involved in research on issues related to the protection of the business name within the Kingdom of Poland (1815–1915) was Władysław Andrychiewicz. In his views on the business name, Andrychiewicz clearly opposed the popular thesis at that time that the business name is a simple name of the enterprise. The scholar consistently tried to defend the thesis that the business name is a specific name, with which the entrepreneur (an individual, a partnership or a company) marks their existence on the market and all their commercial activity. Therefore the business name constituted a reflection of the merchant not as a person (a surname served this purpose), but as a trader. Moreover, the scholar has clearly explained how he understands and what it means to conduct the business under the specific merchant’s business name. Andrychiewicz was an advocate of the principle of the veracity of the business name, which consisted in unconditional compliance of the business name with the name of the entrepreneur running its business. This researcher, as well as the majority of the contemporary French doctrine opposed the practice of including in the business names the surnames of persons who in fact did not take part in the business activity, and whose only contribution was consenting to the use of their names. Such an action was considered to be contrary to law, morality, and the essence of the business name. According to Andrychiewicz, the business name was a certain type of legal good closely related to the existence and activity of the merchant, which made it a purely personal mark (right). It determined the inalienable nature of the business name. Therefore, the scholar was a strong opponent of the admissibility of selling the business name, both without the enterprise as well as together with the enterprise. The scholar has tried to implement his theoretical knowledge into the field of practice. He worked for the benefit of the amendments to regulations regarding the protection of the business name in force in the Kingdom of Poland. As a result, however, his efforts have been unsuccessful.

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Expatriation-enhanced competencies: A multiple case study of technology-based entrepreneurs

Author(s): Hilka Pelizza Vier Machado,Jörg Freiling / Language(s): English / Issue: 3/2023

Keywords: technology-based entrepreneurs; innovation; entrepreneurs; skills; competencies; expatriation

PURPOSE: Facing the research gap of entrepreneurial learning by self-expatriated technology-based entrepreneurs, the purpose of this research is to explore those entrepreneurs’ beliefs and experiences across expatriation to identify the enhancement of their competencies. METHODOLOGY: Within a qualitative and exploratory multiple case theory-building approach, data was collected from twelve technology entrepreneurs from Brazil, Mexico, Germany, and Israel that went to the following destination countries: Spain, United Kingdom, United States, Germany, Ireland, Turkey, and the Netherlands. With interview data as the primary source, the data analysis rests on a qualitative content analysis. FINDINGS: Data allows structuring techpreneurs’ experience of expatriation along the following steps: (a) arrival in the destination country and initial process of socialization, (b) engaging in activities to get familiar with the culture of the destination country, (c) the gradual comprehensive understanding of the new context, and (d) comparisons between the home and destination country. Expatriation had an evident impact on the technology-based entrepreneurs that materializes in three groups of competencies: entrepreneurial competencies, knowledge and innovative competencies, and international competencies. Entrepreneurial competencies relate to relational and behavioral skills and the learning of doing business in different contexts. Concerning knowledge and innovative competencies, creativity, learning new techniques and international innovation environment stand at the fore. Finally, international competencies relate to the acceptance of different cultures (multicultural learning and perception of cultural differences), developing a sense of an international community and an international innovation culture. IMPLICATIONS: This study evidenced the influence of expatriation experiences on the training of skills of technology-based entrepreneurs, in a specific approach to entrepreneurial, innovative, and intercultural competencies. The research portrays self-expatriation as an opportunity for technology-based entrepreneurs to develop different competencies being helpful to innovate, to manage business and to operate in international markets. Universities and innovators may recognize their discretion to develop programs for people like former students who want to self-expatriate. In the same vein, government can design policy to attract self-expatriate in innovations hubs, considering that local inhabitants can benefit from the cultural exchange. ORIGINALITY AND VALUE: This study contributes to better understanding the influence of self-expatriation experiences on the development of skills of technology-based entrepreneurs. Compared to previous studies, it advances research through providing a wider range of learning from expatriation experiences beyond the effect of internationalization on market knowledge and cultural aspects. Furthermore, this study focuses the process, not the results of self-expatriation to understand entrepreneurs’ learning.

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A phenomenological exploration of technology start-up failure in Sri Lanka

Author(s): Kesara Wimal,Selvaratnam Ajendra / Language(s): English / Issue: 3/2023

Keywords: entrepreneurship; tech entrepreneur; start-up failure; critical success factors; software start-up; survival strategies; technology start-up

PURPOSE: The main purpose of this qualitative study was to explore tech start-up failures in Sri Lanka to emerge themes that explain the critical factors that are impacting failures of Sri Lankan tech start-ups and also to identify recommendations that could help evade those factors. The paper also presents the finding to enrich tech entrepreneurs to build their strategies with an understanding of factors that leads to failure and to make well-educated decisions. METHODOLOGY: The study is based on a qualitative research approach that helps to present findings in a theoretical way. A phenomenological analysis has been used to identify, understand, and analyze the phenomena of tech start-up failures. Twelve start-up leaders participated in this study and shared their lived experiences of tech start-up failures in Sri Lanka. Interviews were conducted with them based on twelve interview questions and twelve core themes emerged based on the participants’ lived experiences. In analyzing data, the modified Van Kaam approach was used, utilizing a seven-step framework that considers the structural and textual aspects of experiences, as well as the perceptual characteristics of the phenomenon. FINDINGS: The themes answered the key research question of the study: What are the critical factors that are impacting on failures of tech start-ups in Sri Lanka? The cause of tech start-up failures according to the current study varied including, financial uncertainty, no market research, no product–market fit, paranoid behaviors of innovators, lack of timely response to changing conditions, and location of the venture. IMPLICATIONS: The paper concisely presents twelve critical reasons for tech start-up failures. The results of the research will enable Sri Lankan tech start-ups to identify key factors of failure for the growth of their surviving strategies. Identifying secret obstacles in the industry helps entrepreneurs prepare for pitfalls and provides guidelines for policymakers to make informed choices when implementing national policies. More importantly, it has been discovered that the major areas that require more attention are leadership, funding, marketing, and innovation. Finally, four groups of recommendations have been discussed under financing, market research, leadership, and inventors. ORIGINALITY AND VALUE: The comparison of the current study themes with the findings of related studies is inconclusive because the literature on tech start-up failures in other countries and in Sri Lanka is minimal. Some of the themes align with the findings of research conducted in other countries, although there were some themes that were explored uniquely.

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Going green to keep talent: Exploring the relationship between sustainable business practices and turnover intention

Author(s): Anna Florek-Paszkowska,Carlos Arturo Hoyos-Vallejo / Language(s): English / Issue: 3/2023

Keywords: sustainable business practices; turnover intention; TI; job satisfaction; employee engagement; organizational commitment; employee involvement; employee empowerment; systematic literature review; PRIS

PURPOSE: This study explores the association between sustainable business practices (SBP) and turnover intention (TI) to understand the role of sustainability initiatives in influencing employee retention and organizational commitment. METHODOLOGY: The present study conducted a systematic literature review (SLR) following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) Statement. From an initial selection of 326 articles, a rigorous double-blind screening process identified 31 key papers for in-depth analysis. FINDINGS: The systematic review provides compelling evidence that SBP have a robust positive association with employee outcomes, especially in reducing TI. This relationship is notably mediated by job satisfaction and organizational commitment and moderated by psychological safety and ethical leadership elements. Further, key gaps were discerned, including the necessity to explore the varied impact of SBP across industries, the enduring effects of SBP on TI, the influence of cultural and contextual facets, and the urgency for methodological advancements in cross-cultural research. In response to these gaps, four hypotheses were conceptualized to provide deeper insights into the complex interplay between SBP, TI, and overarching cultural/contextual variables. IMPLICATIONS: Theoretically, this research adds to the existing literature by empirically validating the relationship between SBP and TI, highlighting critical mediators and moderators, and suggesting avenues for future research. Incorporating the identified gaps and proposed hypotheses provides a structured direction for subsequent investigations. The findings emphasize the importance of integrating SBP into organizational strategies to promote sustainability while enhancing workforce well-being and retention. Organizations can align with sustainability goals and boost employee satisfaction by focusing on organizational commitment, open communication, and leadership grounded in ethical and sustainable principles. ORIGINALITY AND VALUE: This research provides a comprehensive overview of the interplay between SBP and TI, integrating insights from various studies. By emphasizing understudied mediators and moderators, identifying research gaps, and outlining derived hypotheses, the study sets the stage for future inquiries. Its practical recommendations are essential for organizations that balance sustainability goals with workforce stability, benefiting organizational performance and employee satisfaction.

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What are the real motivations and experiences of silver entrepreneurs? Empirical evidence from Poland

Author(s): Daria Ilczuk,Łukasz Dopierała,Joanna Bednarz / Language(s): English / Issue: 3/2023

Keywords: silver entrepreneurs; ageing; entrepreneurship; entrepreneurial motivations; push/pull factors

PURPOSE: Along with demographic changes, it is increasingly frequent that many mature people resign from their full-time jobs and decide to start their own businesses at a later age. Entrepreneurial activity among this group of so-called silver entrepreneurs can be caused by many motives, but these factors usually remain unknown to current employers or do not constitute a valid reason for understanding and keeping a mature person in the workplace. The purpose of this paper is to present new scientific results concerning entrepreneurial motivations, both internal and external, and the previous experiences of silver entrepreneurs from Eastern Europe based on an example from Poland. METHODOLOGY: We analyzed a unique sample of 1,003 owners of micro and small enterprises from Poland. The sample included only people over fifty. Our empirical study used a survey to explore the motivations and experiences of silver entrepreneurs that influenced their decision to start a business later in life. We linked attitude toward the behavior with motivation and utilized the “pull” and “push” factors. We utilized logistic regression to determine the factors related to starting a business above fifty. We also used the ordinary least square regression to determine the relationship between the explanatory variables and the age of starting a business by the respondents. FINDINGS: We found that the main “pull” factor positively influencing the start of business activity by silver entrepreneurs is the fulfillment of dreams as a broadly understood need for self-realization. However, the “push” factors (such as the occurrence of ageism in the workplace, as well as the loss of employment and lack of other opportunities on the labor market) significantly reduced the probability of starting a company at the age of over fifty. On the basis of the positive impact of a “pull” factor, it can be concluded that entrepreneurial activity at a later age is the result of opportunity-based entrepreneurship. Due to the negative impact of the job-loss factor, people made redundant started their business activity at an earlier age, before the age of fifty. Regarding external entrepreneurial motivations, the support received from family is the most important factor related to the individual’s environment affecting starting a business by silver entrepreneurs. However, the support from friends and the support from government bodies were not significant factors influencing starting a business at a later age.IMPLICATIONS: Findings from our study have implications for both employers and groups who support entrepreneurship. First, from the point of view of employers, the occurrence of ageism in the previous workplace could have resulted in resignation from full-time employment at an earlier age and a faster start of business activity. It is surprising that negative behavior towards older employees may also be associated with resignation from work by younger people. From the point of view of government bodies and other stakeholder groups related to the development of entrepreneurship, it is interesting that the support received from government bodies in conducting business activities was statistically insignificant for each group of respondents. This suggests the need to identify effective support and to design a comprehensive strategy for the development of silver entrepreneurship. ORIGINALITY AND VALUE: The vast majority of previous studies used secondary data or focused mainly on Western Europe, in particular the United Kingdom, Finland, and France. Our contribution is to provide empirical evidence about the silver entrepreneurs from Eastern Europe, especially Poland. Our research included individuals who actually run their own businesses, opposite to previous studies that take into account people who are just considering starting a business. This is particularly important in relation to research on the entrepreneurial intentions of mature people to undertake entrepreneurial activities at a later age, and the real motivations of silver entrepreneurs.

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Team members’ direct participation in decision-making processes and the quality of decisions

Author(s): Ryszard Rutka,Piotr Wróbel,Ewa Wycinka,Małgorzata Czerska / Language(s): English / Issue: 3/2023

Keywords: participation in decision-making (PDM); decision quality; consultative decision-making; group decision-making

PURPOSE: Do teams manage to reach better decisions than those made by individuals? Numerous studies have delivered inconclusive results. Meanwhile, participation in decision-making can take various forms and is not limited to consensus group decisions, and the influence of the various forms of participation on the quality of decisions has been less frequently examined. The aim of the research was to determine the effect on decision quality of changing the form of direct participation in the decision-making process in the case of complex, multi-stage problems. METHODOLOGY: The article presents the results of a long-term experiment in which 598 teams of 2,673 people took part. The participants were asked to solve a decision problem using three decision-making styles: autocratic, consultative, and group. The participants played the role of members of a newly established project team that must plan its own work. The task concerned a problem that requires the analysis of a number of dependencies between sub-problems, in contrast to eureka-type problems. The decision problem was new to the participants, making it impossible to apply known solutions; a creative approach was therefore required. The decision was then compared with the optimal solution established by experts. Decision quality was based on the deviation of the proposed solution from the optimal solution. FINDINGS: The results of the experiment confirm the significant synergistic potential of increasing direct participation in decision-making for complex, multi-stage problems. A significant proportion of teams made better decisions as a result of increasing direct participation – replacing autocratic decisions with consultative and group decisions. The quality of consultative decisions was roughly in the middle of autocratic and group decisions. By using group decision-making, teams made better decisions than the average individual decision and came closer to the decision quality achieved by the best team members. This effect was universal, observed both in the strongest and weakest teams. It should be remembered that, while group decision-making has the potential for synergy, it is not always achieved. Group decision-making markedly reduced the risk of making highly misguided decisions, and it can be reasoned that direct participation protects against serious mistakes more than it guarantees the best possible results. IMPLICATIONS: Team leaders should be familiar with different decision-making styles, their advantages and disadvantages, and the scope of their application. This research suggests that increasing team members’ participation to a consultative role and even better, a full participatory role, increases the quality of the decision. With the growing complexity of organizations that have to deal with accelerating change, technology development and increased competition, creating structures that can flexibly respond to the challenges of the environment requires the participation of team members at all managerial levels. The use of consultative and group decision-making styles for complex and multi-stage problems supports this process. The group decision-making style can bring better quality, but it has its limitations and it is not always possible to use it. It requires a team of highly competent people who identify themselves with the interests of the organization. Otherwise, the consultative form will bring better results. ORIGINALITY AND VALUE: For the first time, an empirical study analyses the case of consultative decision-making, in which the team leader consults the individual opinions independently to finally come up with a final “team” decision. This approach is widely used by team leaders and managers in the field. This study shows that this approach constitutes an improvement over the individual (autocratic) one but still falls short of the group decision-making approach. Finally, this study which has been done with the largest number of participant teams (598 teams, 2,673 individuals), professionally active post-graduate students and over a 24-year period allows a sound statistical confirmation of the proposed decision quality improvement when moving from individual to consultative and group decision-making styles.

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Bankers' job stress, job performance, and job commitment trajectories during the COVID-19 pandemic

Author(s): Sanjoy Kumar Roy,Md. Rahat Khan,Nazrul Islam Shanto / Language(s): English / Issue: 3/2023

Keywords: work-related stress; acute stress; job performance; job commitment; bankers; COVID-19 pandemic

PURPOSE: The global COVID-19 pandemic has profoundly impacted multiple sectors across industries and regions, including medical services, financial institutions, and others. The escalating global pandemic in both emerging and developed nations has resulted in the implementation of stringent lockdown measures and unparalleled disruptions to economic activities. Consequently, individuals have become accustomed to relying on banking operations as a routine aspect of their lives, regardless of the circumstances. Learning how bankers engage with customers in response to the given circumstances would be intriguing. Hence, the study aimed to unearth the relationship between bankers’ job stress, job performance, and job commitment, as well as the stress-based job performance and its impact on job commitment during the second to third wave of the COVID-19 pandemic in an emerging market. METHODOLOGY: A number of 287 data (response rate 71.75 percent) were collected by online platforms due to the COVID-19 pandemic through the simple random sampling technique. The exploratory factor analysis, confirmatory factor analysis, and structural equation modeling were run to test the proposed research framework with the help of MS Excel 2007, SPSS 22.0, and AMOS 23.0. FINDINGS: The findings showed that bankers’ work-related stress has a positive impact on job performance but no relationship with job commitment; acute stress has a negative impact on job commitment but no significant relationship with job performance; and stress-based job performance has a significant positive impact on job commitment during the COVID-19 pandemic. IMPLICATIONS: The outcomes of this study provide value to the field of behavioral science by introducing the phenomena of COVID-19 in the context of bankers and emerging economies. The demographic variables and the revealed relationships of bankers’ job stress, job performance, and job commitment trajectories would help policymakers rethink stress management practices and policy building in the bank job and the long-term relationship building with their existing employees. ORIGINALITY AND VALUE: The novelty of the research is the COVID-19 phenomenon and an emerging economy’s bankers’ context.

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Entrepreneurship education for women through project-based flipped learning: The impact of innovativeness and risk-taking on course satisfaction

Author(s): Seung-chul Yoo,Tu Anh Truong,Kwanghee Jung / Language(s): English / Issue: 3/2023

Keywords: entrepreneurship education; women entrepreneurship; project-based flipped learning; innovativeness; risk-taking; course satisfaction

PURPOSE: The primary aim of this research is to explore the correlation between learners’ characteristics and the perceived value and satisfaction associated with Project-Based Flipped Learning (PBFL) methodologies. A secondary objective involves investigating how these PBFL methodologies can be employed to enhance the quality of entrepreneurship education for women. METHODOLOGY: During the first semester of 2018, a total of 80 students enrolled in the Communication Society class were engaged in a longitudinal study, involving bi-weekly online surveys prior to the semester’s conclusion. The survey instruments utilized Likert-scale measurements, with a 5-point scoring system. The data acquired was subsequently analyzed using structural equation modeling, which facilitated the examination of both the pre- and post-change scores and the structural properties of their relationships with overall course satisfaction. In terms of statistical evaluation, the study employed Generalized Structured Component Analysis (GSCA), a powerful component-based SEM technique, thus ensuring a robust and academically rigorous interpretation of the data. FINDINGS: Our research sought to understand the effects of learners’ characteristics, specifically innovativeness and risk-taking, on course satisfaction in Project-Based Flipped Learning (PBFL). We found that female learners’ innovativeness positively influenced their perception of the project’s entertainment and educational value, which in turn increased preference for PBFL and course satisfaction. Interestingly, risk-taking did not significantly influence perceived project value, which provides insights into the role of personality traits in learning outcomes. IMPLICATIONS: Our study invigorates entrepreneurship education theory by highlighting the key role of learner innovativeness in PBFL course satisfaction, urging a nuanced examination of personality traits in educational contexts. Further, we question the established importance of risk-taking, necessitating a critical reassessment in this domain. These pivotal theoretical contributions challenge prevailing assumptions, enrich scholarly discourse, and open new avenues for research. On the practical side, our findings emphasize the imperative of fostering innovativeness in women’s entrepreneurship education. These insights underscore the need for a strategically tailored, creative learning environment, with the potential to enhance learner engagement and satisfaction significantly. In sum, our research generates transformative theoretical insights and provides actionable strategies for improving the practice of entrepreneurship education. ORIGINALITY AND VALUE: Our research presents a novel approach to fostering women entrepreneurs in the media sector through PBFL. This unique focus on the intersection of gender, media entrepreneurship, and PBFL distinguishes our study from existing literature. Furthermore, our findings offer educators invaluable guidance for enhancing female entrepreneurship education, thereby enriching the pedagogical landscape of this domain.

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Rehabilitation of nazism as a crime in the Criminal Code of the Russian Federation

Author(s): Katarzyna Laskowska / Language(s): English / Issue: 1ENG/2023

Keywords: Nazism; rehabilitation of Nazism; criminal code of the Russian Federation;

The paper discusses with the crime of rehabilitation of Nazism contained in the 1996 Criminal Code of the Russian Federation. It presents the rationale for its introduction into the legislation, the scope of the legal regulation, and its evaluation in terms of its content and edition. For the purpose of the publication, research questions were posed, the answers to which demonstrated the political and populist nature of the regulation and its imprecise casuistic approach, which brings few benefits to Russia’s criminal policy.

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Breaking a car window to rescue a child or animal locked inside: a dogmatic analysis of the legal grounds for excluding criminal liability

Author(s): Krzysztof Wala / Language(s): English / Issue: 1ENG/2023

Keywords: state of superior necessity; necessary defence; countertype; danger; assault; intense excesses; extensive excesses; child; animal; damage to property;

The purpose of the article is to analyse possible grounds, within the criminal sphere, for legalisation of behaviour involving damage to someone else’s property motivated by the desire to save a child or an animal left in a locked warming car. It is quite common to treat this type of event as one matching the features of the state of superior necessity. However, such an approach may raise some doubts of a dogmatic nature. From the point of view of the statutory shape of the existing countertypes, one can look for the possibility of assuming in such cases (when the owner of the damaged property and the perpetrator of leaving a living creature in such conditions is the same person) the occurrence of an assault justifying, after meeting all the required conditions in the form of directness, lawlessness and reality, taking teps within the right to necessary defence. The adoption of such a concept has its own tangible practical significance, as it makes it unnecessary to refer to the principle of subsidiarity and proportionality, which guarantees broader protection from criminal liability for those who damage other people’s property in order to take out a living creature left in a locked car in a situation of danger to its life or health.

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Criminal liability for (self)-liberation of a person legally deprived of liberty under German, Swiss, Austrian and the Principality of Liechtenstein’s law

Author(s): Piotr Poniatowski / Language(s): English / Issue: 1ENG/2023

Keywords: offence of liberation (and self-liberation) of a person deprived of liberty; offence of facilitating escape of a person deprived of liberty; offence of instigating to escape;

The subject of the article are the regulations concerning the escape of a person legally deprived of liberty, that are in force in countries with a Germanic legal tradition. The analysis of German, Swiss, Austrian and the Principality of Liechtenstein’s law is conducted against a background of Polish solutions. The aim of the study is to present similarities and differences between the solutions adopted in particular German-speaking countries, as well as between these solutions and the regulations contained in the Polish Penal Code.

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Support for households due to the change in the digital terrestrial television broadcasting standard – an attempt to evaluate the adopted normative solutions

Author(s): Maciej Borski / Language(s): English / Issue: 1ENG/2023

Keywords: DVB-T2; digital receiver; digital television; principles of correct legislation; the principle of specificity of the law;

The Act on supporting households in bearing the costs related to the change of the digital terrestrial television broadcasting standard was passed by the government on February 24, 2022, and a month later, on March 23, 2022, it was amended, because it became necessary to clarify the issue of the circle of people entitled to receive state support, which is absolutely fundamental from the point of view of this act. The content of the article will therefore be to determine the content of the normative set by interpreting the regulations of the aforementioned Act, so it takes into account all functional relationships of the standards under study and is based on all available sources of information. At the same time, when analysing statutory regulations, the author will reflect on their compliance with the principle of specificity of law, interpreted by the Constitutional Tribunal from the constitutional principle of a democratic state ruled by law.

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Reasons for failing to handle administrative cases on time

Author(s): Wojciech M. Hrynicki / Language(s): English / Issue: 1ENG/2023

Keywords: time limits for handling cases; reasons for failing to deal with a case within a set time limit; general administrative proceeding; tax proceeding; simplified complaint proceeding;

The article deals with the issue of administrative authorities’ justification of a failure to meet deadlines for handling cases in general administrative proceedings, tax proceedings and simplified complaint proceedings. To that end, the author uses the dogmatic-legal method, performs a critical analysis of the literature on the subject matter and interprets the relevant judgments of administrative courts. The aim of the article is to draw attention to the importance of correct, exhaustive and true justification of the reasons why administrative bodies procrastinate and set new deadlines for handling administrative cases. The research area has been divided into two main parts, i.e. the analysis of the correct indication of the reasons for a delay and the diagnosis of incorrect justifications for failures to handle cases on time. The author emphasises that the reasons for a failure to deal with an administrative case on time should reflect the facts concerning the case as accurately as possible, especially when a given reason is an element of an evidence-based proceeding. Criticism was levelled at reasons not related to the course of proceedings, such as staffing problems of the authority and the multitude of cases, as well as reasons stated in too general terms, such as the complicated nature of a matter. In conclusion, the author proves that precise indication of reasons for failures to handle a case within the time limits sticks to the principle of striving for objective truth and influences the general assessment of administrative bodies.

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Priority criteria for the provision of medical assistance versus protection of human dignity

Author(s): KATARZYNA DOROSZEWSKA-CHYROWICZ / Language(s): English / Issue: 1ENG/2023

Keywords: human dignity; pandemic; hierarchy of legal goods;

The article deals with the potential infringement of human dignity through the choice of priority criteria for the provision of medical assistance in an emergency situation, when the treatment can only be provided for one person. The lack of sufficient equipment during the SARS-Cov-2 pandemic is a key example, but examples of acute shortage of medical personnel and various types of equipment are also analysed. The assumption made in the article is that selection guidelines need to be established for medical personnel. The text presents the concept of violation of human dignity and the issue of inability to provide assistance to an adequate number of patients. Then, with the use of the dogmatic-legal method, the proposed patient selection criteria such as age, social position, physical condition, and occurrence of comorbidities are analysed. As a result of the analysis, it is concluded that, due to the protection of human dignity, it is unacceptable to take away the assistance already provided for a patient (disconnection from the apparatus) in order to save the health of another patient. The criterion of assessing the patient’s health condition is unquestionable, whereas the choice of other decisive factors, such as a person’s social standing, may lead to unjustified discrimination and inequality.

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Divorce versus the best interest of the child as a subject of examination conducted in OZSS: a legal and psychological perspective

Author(s): Lech J. Żukowski / Language(s): English / Issue: 1ENG/2023

Keywords: divorce vs. the best interest of the child; examination carried out by Opiniodawcze Zespoły Specjalistów Sądowych; positive and negative legal conditions for granting a divorce;

The article is a review of the issues concerning the concept of “the best interest of the child” as a negative condition for granting a divorce in the light of a diagnosis made in the Opiniodawcze Zespoły Specjalistów Sądowych (OZSS) on family courts’ request. It presents legal and psychological views on the best interest of the child in the context of a divorce treated as a crisis in the family. Comments are also presented on the scope of examination conducted by the OZSS experts on the impact of a divorce on the best interest of the child and selected problems related to their specificity. Based on the selected literature on the subject matter, case law and the work practice of the OZSS experts in the field of psychology, subjective views on the methodology of examining the impact of a divorce on the best interests of children are also presented. The main thesis of the article is the opinion that commissioning the OZSS experts by family courts to examine negative conditions for granting a divorce is controversial.

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Gloss on the ruling of the Supreme Administrative Court of 25 May 2022, case reference number III OSK 2273/21

Author(s): Dariusz Walencik / Language(s): English / Issue: 1ENG/2023

Keywords: data protection; Catholic Church; GDPR; autonomous and comprehensive rules of data protection;

The glossed ruling covers two key issues concerning the application of the autonomous and comprehensive rules of the protection of natural persons with regard to the processing of personal data applied by organisational units of the Catholic Church in the territory of the Republic of Poland. The first issue concerns the possibility of further application of these autonomous, comprehensive rules after the GDPR came into force. The second issue concerns the ability to designate and grant a legal status to an independent separate supervisory authority: the Ecclesiastical Data Protection Officer. Approving the stance presented in the ruling of the Supreme Administrative Court, the gloss presents arguments confirming the fact that when the GDPR came into force, a regulation concerning the processing of personal data existed in the Catholic Church (it was primarily contained in the standards of the Code of Canon Law of 1983), which the Catholic Church, by the time specified in Article 91(1) GDPR, harmonised with the provisions of that legal act. Moreover, the mode of operation, the manner of designating or dismissing the Ecclesiastical Data Protection Officer does not have to be derived from the universally binding law. It may arise from the internal law of the Catholic Church, provided that the requirements laid down in Chapter VI GDPR, i.e. independence, fulfilment of general conditions concerning data protection supervisory authorities, secrecy, performance of tasks and exercise of the powers laid down in the GDPR (relevant competences), are met. This argument originates from the principle of autonomy and independence of churches and other religious organisations, guaranteed by the provisions of the Constitution of the Republic of Poland. The reasoning is also confirmed in recital 165 of the GDPR preamble, which states that “This Regulation respects and does not prejudice the status under the constitutional law of churches and associations or religious communities in the Member States, as recognised in Article 17 TFEU”.

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Self-Government Activities of Professional Chambers — Legislation and Application (with a Focus on the Conditions of the Czech Republic)

Author(s): Martin Kopecký / Language(s): English / Issue: 333/2021

Keywords: self-government; professional chambers; compensation; statutory regulations;

The article “Self-Government Activities of Professional Chambers” is focused on the exercising of self-government by professional chambers as public corporations, especially on its legislation and application in conditions of Czech Republic. The article presents professional cham¬bers in the Czech Republic, which are based on compulsory membership. The article also deals with the issue of compensation when there is damage caused by professional chambers. Finally, attention is paid also to statutory regulations as a form of abstract acts published by professional chambers.

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