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EMPLOYMENT FLEXIBILITY IN TIMES OF CRISIS

Author(s): Michał Barański / Language(s): English / Issue: 95/2022

Keywords: flexibility; employment relationship; workplace; working time; non-employee work; COVID crisis; anti-crisis legislation

This article addresses the issue oflegitimacy and legal consequences of the introduction of various forms of flexible employment in times of crisis, above all focusing on issues related to the flexibility of the workplace (telework, remote work), as well as those of flexible working time (part-time work, modifications of working time systems and schedules). Bearing in mind the specifics of the crisis, the following legal constructions will also be analyzed: term employment contracts, non-employee civil law work, work in cottage industry, self-employment, temporary work, casual work, on-call work, job sharing, and employee outsourcing. Each flexibilisation of employment introduced into the legal order due to the crisis, although temporary, each time leaves its mark on the regulations in force also in times free from a crisis (specific legal constructions remain, permanently modifying a given legal order). This article is also devoted to this issue.

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TOWARDS THE FIRST OFFSHORE WIND ENERGY PLANT

Author(s): Anna Brzezińska-Rawa,Dorota Sylwestrzak / Language(s): English / Issue: 95/2022

Keywords: offshore wind energy; marine spatial planning; construction permit; artificial island exclusive economic zone

Offshore wind energy is one of the fastest growing sectors of renewable energy sources in Europe. In Poland, offshore wind energy is one of the most socially acceptable electricity generation technology. Even though Poland has a very favourable wind conditions for the development of both inland and offshore wind energy investments, there’s still no offshore wind energy plant. The investment processes are still ongoing. One of the reasons underlying this is the lack of proper maritime spatial planning. Apart from that, there are several additional complicated regulations on the building permits, that the investor must obtain before the construction works may be started.

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THE SCOPE AND IMPORTANCE OF COOPERATION BETWEEN UNESCO AND THE ICC FOR THE PROTECTION OF CULTURAL PROPERTY

Author(s): Vita Czepek,Elżbieta Karska / Language(s): English / Issue: 95/2022

Keywords: International Criminal Court; UNESCO; protection of cultural property; international crimes

Intentional destruction and theft of cultural property during armed conflicts are now prohibited by international law. In line with international regulations, deliberate attacks against cultural property, both during international and non-international armed conflicts, may constitute serious violations of the norms of humanitarian law and their perpetrators should be tried and penalized. At the international level, the United Nations Educational, Scientific and Cultural Organization (UNESCO) is the most appropriate body to take action to protect cultural property during armed conflicts. The International Criminal Court (ICC), on the other hand, has the jurisdiction to prosecute and penalize perpetrators of crimes against cultural property, classified as war crimes. The aim of this paper is, therefore, to answer the question of the extent to which the cooperation between the ICC and UNESCO may affect the protection of cultural property during armed conflicts. In order to answer this question, analysis was performed of the scope of the protection of cultural property by the ICC and UNESCO, as well as of the legal basis for cooperation between these institutions.

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REDEFINING THE RULE OF LAW: IN SEARCH OF A UNIVERSAL SOCIAL DIMENSION

Author(s): Aleksandra Dzięgielewska / Language(s): English / Issue: 95/2022

Keywords: rule of law; rule of law definition; social rights; social welfare

Bearing in mind that there exists no universally accepted definition of the rule of law, this paper sets out to identify its commonly agreed core, and to expand it by adding substantive elements. While the core is not controversial, the second part of the rule of law framework, comprising social welfare rights, essentially aims to revisit classical accounts of the rule of law. The analysis involves the frequently ignored social dimension of the rule of law, defending the necessity of its translation into a substantive element of the definition. Some general arguments are offered explaining why social rights protection should be included in the definition of the rule of law.

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ADMISSIBILITY OF HEMP CROP OTHER THAN FIBROUS IN POLAND

Author(s): Paweł Gała / Language(s): English / Issue: 95/2022

Keywords: cannabis; Indian hemp; cannabis cultivation; medical marijuana; medical canna- bis use

Implementation in the Polish legal system of the amendment of the Act on Counteracting Drug Addiction on 7 May 2022 allowed for a possibility of cultivating in Poland hemp other than fibrous for the needs of the pharmaceutical industry. The paper discusses the path that has led from the legalization of cannabis and its products to a gradual change of attitude both in international and national legislation. The aim of the study is also to familiarize the reader with the requirements the Polish legislator has placed on entities that intend to grow hemp other than fibrous for the production of pharmaceutical raw material.

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MORE BREAKING NEWS FROM NAZI TIMES

Author(s): Tomasz Giaro / Language(s): English / Issue: 95/2022

Keywords: Franz Wieacker; Kieler Schule; European integration; European legal history; European legal tradition; Roman foundations of Europe

Is it plausible to treat the Nazi legal historians as progenitors of current European legal history? Is it in particular tenable to consider Franz Wieacker (1908–1994), one of the leading Nazi jurists, as the top founding father of this discipline? Is the European legal tradition spurious? We are able to pose these questions, but not to answer them unambiguously.

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THE NATURE AND ROLE OF ACADEMIC OMBUDSMAN AT THE POLISH HIGHER EDUCATION INSTITUTIONS

Author(s): Ewa Gmurzyńska / Language(s): English / Issue: 95/2022

Keywords: academic ombuds; academic ombudsman; conflict resolution; dispute resolution; ADR; mediation; higher education institutions; university

The article reports the results of a study conducted in the form of structured interviews. The goal of the study was to find out about the nature of this institution, the objectives of academic ombudsmen, the cases they deal with, their role in the academic community, in particular their role in resolving disputes at universities, and the type of methods they apply in their work. The institution of an academic ombudsman is considered to use an ADR method which is more appropriate in resolving problems and conflicts that appear at the universities, in comparison with formal procedures. The academic ombudsman takes into account important elements of the mission of universities which include respect for the other party, diversity, tolerance, and application of more inclusive and democratic methods in university governance. The introduction of ombudsman institutions at the universities is Poland is dictated not only by the necessity for more effective management and dispute resolution, but also shows a change in the attitude of the university administration towards the academic community. The need for research into the function of academic ombudsman arises from the relatively dynamic growth in the last three years in the number of academic ombudsmen as well as other institutions with similar names and goals. The emergence and significant increase in number of these institutions in the last few years at the universities in Poland raises the question of their nature and role at the universities.

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EMPLOYMENT STABILITY IN TIMES OF THE COVID CRISIS

Author(s): Iwona Gredka-Ligarska / Language(s): English / Issue: 95/2022

Keywords: sustainable employment; protection of jobs; employment-based jobs; COVID crisis; anti-crisis legislation

Protection of jobs has become one priority aim of the legislator during the crisis caused by the SARS-CoV-2 coronavirus pandemic. In the justification of the draft Act of 2 March 2020 on special solutions relating to the prevention, neutralisation, and combating of COVID-19 and other contagious diseases and the ensuing crisis situations (COVID Act), it was emphasized that the aid mechanisms introduced in the Act were supposed to prevent mass collective redundancies. And although the legislator tried to preserve sustainable employment during the COVID crisis, only a part of the introduced legal provisions offered a guarantee of work to employees. This article aims to provide an overview and assessment of the aid mechanisms implemented by the Polish legislator to protect jobs during the COVID crisis. The anti-crisis activities of the legislator, intended to preserve sustainable employment, can be divided into indirect and direct measures. An analysis was carried out taking into account the above division. Based on the analysis, reflections are formulated on the effectiveness of the implemented aid mechanisms. Finally, conclusions for the future are offered.

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MARKET REGULATION

Author(s): Jacek Lewkowicz,Przemysław Litwiniuk / Language(s): English / Issue: 95/2022

Keywords: sharing economy; institutional economics; public policy; regulatory challenges

In this paper we posed a question about the role of the state with regard to imposing regulations on the sharing economy sectors. Analysis of the institutional frames of the regulatory intervention of the state in the sharing economy still constitutes an underexploited niche. We drew on the literature in institutional economics and other related fields to provide a picture of a reasonable regulation of markets introduced by a state. The paper covers the spheres of information asymmetry, imperfect competition, negative externalities, and the supply of public goods. What may be generally concluded is that there are no sufficient arguments for treating sharing economy entities more favorably as compared to other organizations. As regards the imperfect competition and negative externalities, sharing economy entities may play a key role and should not be excused from respecting general legal rules. Otherwise, some market actors would use the sharing economy cover just to take advantage of the exemptions. The sharing economy may be also an attractive channel of activity from the perspective of policymakers for mixing direct governmental support with other (social) sources for public goods.

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Disturbances of natural and cultural landscape as an element of controversies in tourism – assessment based on the analysis of stress hormones in saliva

Author(s): Grzegorz Godlewski,Magdalena Kugiejko,Małgorzata CHARMAS,ADAM AUGUSTYNIAK,JAKUB RYBKA / Language(s): English / Issue: 1/2023

Keywords: natural and cultural landscapes; hormones in saliva; abiotic stress; controversy in tourism;

The aim of the study was to determine the relationships between identification of specific elements of disturbed natural and cultural landscape and basic biochemical reactions in study participants, namely the presence of stress hormones in saliva. The authors also intended to verify a new research method in the field of tourism and landscape assessment, involving concentration measurement of steroid hormones: cortisol (C), dehydroepiandrosterone (DHEA) and testosterone (T). The results indicate that all respondents were in agreement as to which factors disturbed the landscapes presented. However, their subjective feelings were not reflected in the biochemical reactions. Therefore, the authenticity of landscape, so crucial for tourism, seems less important than expected. The lack of a strong reaction to disturbed landscape is surprising, especially in the context of tourism, in which natural and cultural assets are some of the major factors affecting purchasing decisions and principal travel motives. This situation may be a strong prognostic in the context of sustainable tourism and environment protection. This knowledge may be used by planners and spatial development experts in designing landscapes as well as in assessing the visitors’/tourists’ perception of landscape.

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Polish-Lithuanian Tourist Cross-Border Functional Area – a new concept for the development of a cross-border tourist destination

Author(s): Tomasz Studzieniecki,Andrzej Jakubowski,Joanna Kurowska-Pysz / Language(s): English / Issue: 1/2023

Keywords: cross-border functional area; cross-border cooperation; destination; tourism; European Union; Lithuanian – Polish borderland;

The development of tourist function in cross-border areas requires appropriate instruments supporting cross-border cooperation. One such instrument is the Cross-Border Functional Area (CBFA). This paper presents pioneering works leading to the creation of the Tourist Cross-Border Functional Area (TCBFA) in the Lithuanian – Polish borderland. Its main aim is to answer the question whether the CBFA instrument is applicable in the development of cross-border tourist destinations, and if so, to what extent. An additional goal is to identify the attributes of a TCBFA on the example of the Lithuanian – Polish borderland. The study debates the relevance of the CBFA in the development of a cross-border tourist destination. It shows that establishing a flexible destination management structure enables the intensification of cooperation between key stakeholders across the border, the implementation of cross-border projects and the promotion of tourist products.

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Research trends in film tourism: A bibliometric analysis using the WoS database

Author(s): Kartal Doğukan ÇIKI,Ramazan İNAN,Çilem BULŞU / Language(s): English / Issue: 1/2023

Keywords: film tourism; film tourism papers; bibliometric analysis; WoS database; VOSviewer;

Although the film tourism literature has grown significantly, no scientific landscape review of the subject has yet been conducted. The current article aims to fill this gap by providing an overview of the film tourism literature through the utilization of bibliometric analysis. To accomplish this objective, the authors utilized a publication dataset on film tourism obtained from the Web of Science database, without applying any publication year criterion. During the compilation of this dataset, certain inclusion criteria were established, such as considering articles published in English and limiting the dataset to articles of the publication type. Consequently, a total of 144 articles focusing on film tourism were included in the sample. The authors conducted the analyses using VOSviewer in December 2022, adhering to the predefined parameters. The first article on film tourism published in WoS was in 2005, and the most articles were published in 2021 (n=17). Upon examining the most cited articles, it was observed that four of them surpassed 150 citations. In terms of authors, it was seen that six authors had more than 200 citations. Four of the top five articles with the highest citations were published in Tourism Management. Australia emerged as the prominent country in the field of film tourism, with Flinders University, an Australian institution, making the most substantial contributions. As a result of the research, some suggestions were presented to the researchers. Future studies may focus on issues such as the effects of the film tourism on local people, destination sustainability, and the potential for new tourism and economic impacts that may occur in the region with film tourism. Furthermore, future bibliometric studies could explore and compare document types and/or film tourism studies acquired from different databases, augmenting the scope of analysis.

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THE IMPACT OF THE PANDEMIC ON COLLECTIVE RELATIONS IN POLAND

Author(s): Błażej Mądrzycki,Łukasz Pisarczyk / Language(s): English / Issue: 95/2022

Keywords: labour law; crisis; COVID-19; protection; anti-crisis regulations; social dialogue; social partners

The crisis caused by the outbreak and spread of the COVID-19 pandemic forced the legislature to make numerous legal changes. The undertaken measures comprised labour law understood in the broadest sense. They were intended to protect the economy, including jobs, from the dramatic consequences of the spread of the virus and the associated danger. The extraordinary circumstances called for specific measures, focused on protecting work and workers. The drafting of protective regulations, under such special circumstances, could not take place without dialogue involving the labour. At the multi-company level, this was seeking concrete solutions to protect the employees. In turn, at the company level, the partners exercised the rights guaranteed by the anti-crisis regulations. The article offers an analysis of the legal situation of participants in social dialogue – both the employees and the employers. In retrospect, it is possible to evaluate specific measures which have been adopted.

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The Migration Dilemma of the Younger Generation from the Perspective of Wage Purchasing Power

Author(s): Nataniel Wypych,Zuzanna Zawolska / Language(s): English / Issue: 39/2023

Keywords: migration; economic migration; savings; household savings; households

The purpose of the article. The aim of the article is to determine whether there is a need to differentiate between countries in terms of the amount of aid they provide for the return of their citizens, and in which of the European countries a person can save the most and build up wealth in the fastest way. Methodology. The study is based on historical data from 2016 to 2021 on average salaries, average cost of living, average price per square meter of housing in a country’s capital and the average price of a VW Golf IV car in 37 European countries. Results of the research. In the general view of the study presented below, the countries to which economic migration can bring the most benefits are Switzerland, Luxembourg, and Denmark. On the other hand, countries that may not meet economic needs include North Macedonia, Moldova, Montenegro, and Albania. One can save the fastest per square meter of housing in Belgium, Iceland, and Switzerland. The fastest way for people to save money for a car is available in Switzerland, Luxembourg, and Great Britain.

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Safeguarding Its Way to Security or Not – Should Fintech Become a Bank(Tech)?

Author(s): Kamila Pawlak / Language(s): English / Issue: 39/2023

Keywords: fintech; digital baning; digital innovations; banking licence; banking regulations

The purpose of the article. This article explores the trend of fintech firms obtaining banking licenses, challenging their traditional advantage of not being banking institutions. It investigates two hypotheses: H1 – Banking licenses bring more opportunities than threats for fintech companies; H2 – Obtaining licenses positively impacts their profitability. Methodology. The study utilizes the literature review and applies Porter’s Five Forces methodology to assess the strategic implications of banking licenses for fintech firms. Financial analysis is conducted on three selected companies based on market capitalization, banking license timeline, and geographical diversification. Profitability ratios (ROE and ROA) are analyzed before and after obtaining the license. Results of the research. Fintech firms with banking licenses experience more opportunities than threats, as confirmed by Porter’s analysis. However, only one out of three analysed companies immediately improved profitability ratios after obtaining the license. In conclusion, obtaining banking licenses opens growth opportunities for fintech firms, but immediate profitability improvements are not guaranteed. Additional requirements and challenges arise during the transition to a banking area. The study acknowledges limitations and suggests further research to confirm and expand these findings in the evolving fintech landscape.

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ROAD TO ECO-ROUTING

Author(s): Jacek Piecha,Magdalena Porzeżyńska,Marek Porzeżyński,Marek Grzywacz / Language(s): English / Issue: 95/2022

Keywords: eco-routing; greenhouse gas emission; transport; European Union; environmental policy; data

Global warming is of key importance among the many negative manifestations of human impact on the environment. The main cause of climate change and the observed global warming is the emission of greenhouse gases (GHG) into the atmosphere, while the largest share of emissions is generated by transportation sector. It is declared that by 2050 GHG emissions in the transportation sector will be reduced by 90 per cent. In the part relating to road transport, a key role is to be played by digitization, transport automation, the use of intelligent traffic control systems and the abandonment of combustion engines in favour of electric ones. This study aims to present possible legal solutions aimed at introducing eco-routing solutions for vehicle traffic in the EU and obstacles to its widespread implementation and is aimed to begin discussion about this matter and the further studies in this area.

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CURRENT PROBLEMS FACING APICULTURAL ACTIVITY

Author(s): Krzysztof Różański / Language(s): English / Issue: 95/2022

Keywords: beekeeping; apicultural activity; economic perspective; legal aspects

Scientific surveys, reports, and publications identify current threats to beekeeping, which include biological, chemical, environmental, economic, and legal factors. The last two, in particular, involve challenging circumstances that significantly undermine the national beekeeping sector. The aim of this article is to identify main problems of an economic and legal nature that pose threat to contemporary apicultural activity, and to offer some suggestions to solve them. The research results reveal main shortcomings of the beekeeping sector in Poland, among them lack of appropriate use of the pollinating activity of bees, which could contribute to a significant increase of the profitability and efficiency of apicultural activity. In the author’s opinion, both Polish agricultural entrepreneurs and beekeeping producers fail to take advantage of nomadic beekeeping and the so-called “pollination contracts”, which are successfully implemented e.g. in the United States. Furthermore, enhancing performance of the domestic beekeeping sector is possible – investments should be made to improve the resilience and competitiveness of the beekeeping industry, including the development of human capital by encouraging the younger generation of farmers to take up employment in the beekeeping sector. Consideration should also be given to a system of support for beekeeping and its taxation, so that amateur beekeepers can also benefit from the aid, while all beekeepers would be taxed in proportion to their income.

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THE EFFECTIVENESS OF THE EU PACKAGE TRAVEL DIRECTIVE DURING THE COVID-19 PANDEMIC

Author(s): Patrycja Sobolewska / Language(s): English / Issue: 95/2022

Keywords: package travel; holiday; tourists; EU law

The aim of this paper is to analyze the effectiveness of the EU Package Travel Directive during the COVID-19 pandemic. First, the paper depicts the legal regime under Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours as well as Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements. The comparison of both EU Package Travel Directives shows both some similarities and differences from the perspective of travellers’ rights. Furthermore, the paper offers justification of the actions taken by the EU Member States in the face of COVID-19 pandemic, using the EU report on the application of the 2015 Package Travel Directive. Finally, the paper exhibits case law relating to tourism that evolved as a consequence of the COVID-19 pandemic. The reported cases are pending before the Court of Justice of the European Union, which means that all EU Member States are still waiting for the final judgement. The author supports the views presented by Advocate General Laila Medina and strongly believes that the protection of tourists will be continued.

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The Crisis of American Democracy: The Dying Citizen

Author(s): Curtis L. Hancock / Language(s): English / Issue: 33/1/2023

Keywords: American Democracy; American society; economy; Illegal Immigration; Crime; Education;

I would like to address four issues that reveal a crisis of values in American society. Crises have been percolating in America for some time. Four issues have become especially more problematic since the installment of the Biden administration in 2021. These issues provide an occasion to reflect on certain strengths and weaknesses of American society, including challenges of leadership.

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Solutions to the Anthropological Mistake

Author(s): Brian Panasiak / Language(s): English / Issue: 33/1/2023

Keywords: metaphysics; metaphysical anthropology; the anthropological mistake; Karol Wojtyła; John Paul II; Lublin Thomism;

In the thought of Karol Wojtyła, significant time and focus is given to the concept of the “anthropological mistake.” This conception argues that certain ideological positions create an improper view of the human person, and as such are dangerous to man and his personhood. This article follows two articles previously published in this journal and presents Karol Wojtyła’s solution to the anthropological mistake, with this being a proper metaphysical anthropology that sees man as a personal being. This metaphysical anthropological position is deeply ingrained in the Lublin School of Metaphysics, with Wojtyła’s thought reflecting the positions thereof. As such this article uses both the works of Wojtyła, as well as closely related positions found within the Lublin School of Thomism, to present Wojtyła’s answer and solution to the anthropological mistake. This being a proper, realistic, and person based metaphysical anthropology.

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