Polish Bibliography of International and European Law 2014
Bibliography of Polish authors publishing in the area of international (public and private) and European law (2014)
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Bibliography of Polish authors publishing in the area of international (public and private) and European law (2014)
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Curtea de Apel Timişoara,secţia litigii de muncă şi asigurări sociale, decizia nr. 331 din 26 februarie 2010
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Curtea de Apel Bucureşti, secţia a VII‑a civilă şi pentru cauze privind conflicte de muncă şi asigurări sociale, decizia civilă nr. 7093 din 3 decembrie 2009
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Curtea de Apel Craiova, secţia a II-a civilă şi pentru conflicte de muncă şi asigurări sociale, decizia nr. 5097 din 28.12.2009
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Curtea de Apel Piteşti, secţia civilă, pentru cauze privind conflicte de muncă şi asigurări sociale şi pentru cauze cu minori şi de familie, decizia civilă nr. 1399/r‑cm din 14 octombrie 2009
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Further to the activity of the Constitutional Court, in February 2019, several judgments were published (allowed objections of unconstitutionality) and they related to: Law on the amendment and supplement of the Criminal Code, as well as of Law no. 78/2000 on preventing, discovering and sanctioning of corruption acts, Law on the approval of the G.E.O. no. 96/2016 for the amendment and supplement of certain regulations in the fields of education, research, professional training and health, G.E.O. no. 56/2018 for supplementing Law no. 15/1990 on the reorganization of state-owned companies as autonomous administrations and companies, Law for the amendment and supplement of Law no. 254/2013 on the enforcement of sentences and of measures involving deprivation of liberty ordered by the judicial bodies during criminal proceedings, Law for the amendment and supplement of Law no. 8/2016 on establishing mechanisms provided for by the Convention on the rights of persons with disabilities.
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In July 2019, several legislative acts were published in the Official Gazette, among which we mention: The Administrative Code, Law no. 127/2019 on the public pension system, Law no. 129/2019 regarding the prevention and the fight against money laundering and financing of terrorism. Furthermore, in July 2019, the following legislative acts were amended: G.E.O. no. 195/2002 regarding public road traffic, Law no. 263/2010 on the unitary pension system, Law no. 215/2001 on the local public administration, G.E.O. no 28/1999 on economic operators’ obligation to use fiscal electronic cash registers. Moreover, in July 2019, the Fiscal Procedure Code, the Companies Law, the Law for the organization and practice of the lawyer’s profession, the Labor Code, the Fiscal Code and the Law on mediation and organization of the profession of mediator were amended. Along the same line, the Law on territorial arrangement and urban planning, the Law on the protection of animals used for scientific purposes, the Law on the election of Senate and Chamber of Deputies and the G.O. no. 26/2000 on associations and foundations were subject to amendments.
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The article presents legal doubts related to the entrusting consuls of the Republic of Poland with notarial functions. In Poland notarial actions are carried out by notaries, who act as guarantors of the safety of legal transactions. The author emphasizes factors which affect the proper fulfillment of a duty to safeguard the rights and interests of participants in legal transactions carried out by notaries. Then the author discusses differences in legal status and responsibilities of notaries and professional and honorary consuls. In conclusion the author indicates how these differences affect the guarantees to ensure the legal safety of citizens and at the same time underlining the State’s tasks in this area.
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In the opinion of the author, the Bill meets the requirements specified in the Act on the Execution of a Legislative Initiative by Citizens. However, doubts are related to the question whether it is constitutionally permissible for a group of citizens to submit the analyzed project, because in accordance with the Constitution, relations between the Republic of Poland and the Catholic Church are determined by an international agreement concluded with the Holy See, while relations between the Republic of Poland and other churches and religious associations are determined by laws passed on the basis of agreements concluded by the Council of Ministers with their respective representatives. However, in a situation where changes in the provisions of the Act on the relations between the State and the Catholic Church in Poland do not constitute the basic matter covered by a given amending bill, it is acceptable that the initiative for such changes does not come exclusively from the Council of Ministers.
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In the light of the binding provisions of law, the General Prosecutor is included in the subject matter of the oversight function of the Sejm. The statutory request for information and explanations may been perceived as the main instrument of parliamentary oversight serving to obtain information on specific proceedings conducted by the state prosecution.. The Marshal of the Sejm may refer a matter to the Committee on Justice and Human Rights, since the subject matter of activity of this committee includes matters related to the activities of the state prosecution, in order to obtain relevant information and express an opinion.
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The provisions of the bill will be applied only, if the United Kingdom leaves the European Union on the basis of the agreement referred to in Article 50(2) TEU. Until the day of completion of the author’s opinion, internal procedures concerning the approval of the Agreement have not been completed in the United Kingdom. At present, it is not yet clear, whether the United Kingdom would leave the EU on the basis of an agreement as referred to in Article 50(2) TEU or without such agreement.
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The draftsman of the bill assumes that provisions of the bill will reduce unnecessary procedural formalism, introduce facilitations for participants in criminal proceedings, prevent obstruction by parties of proceedings and, to a greater extent, protect the public interest in such proceedings. The bill includes regulations covered by the scope of three EP and Council directives. The deadlines for implementing the directives have passed in recent years. Provisions of the bill do not go beyond the minimum standard laid down in the directives in question. It is doubtful, whether the project fully meets the guarantee requirements of the directives. These issues should be further examined.
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Tenancy of an apartment (both long and short-term ones) may be classified as two different sources of income: a non-agricultural business activity or lease, sublease, tenancy, subtenancy or other similar contracts. The boundary between these two sources of revenue is not clear and unambiguous. The current definition of a non-agricultural economic activity in conjunction with the lack of a definition of rent and lease as a separate source of income requires an intervention of the legislator, which should define rent and lease as a separate source of income for personal income tax purposes. The issue of a general interpretation by the Minister of Finance will not solve the current problems concerning the eligibility of revenues from rental of apartments.
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In his position, the Sejm requested the Constitutional Tribunal to state that to the extent, in which provisions of the Code of Civil Procedure provide for a three-month period for filing complaint concerning the resumption of proceedings in case the judgment was based on a counterfeit or falsified document, and to the extent that the failure to meet this deadline results in the rejection of the complaint, conform to the Constitution. In the opinion of the Sejm, an allegation of a disproportionately short deadline is unjustified, as the deadline of three months to perform a specific procedural activity is one of the longest ones provided for in the Polish civil procedure and does not differ from the ones provided for in the civil procedural laws of other European countries. The practice of application by common courts of the provision in question also justifies the position indicating conformity to the Constitution.
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W stanowisku do Trybunału Konstytucyjnego Sejm wniósł o uznanie przepisów ustawy, które normują zasady udostępniania pytań z Lekarskiego Egzaminu Końcowego, Lekarsko-Dentystycznego Egzaminu Końcowego oraz Państwowego Egzaminu Specjalizacyjnego, za niezgodne z Konstytucją. Będąca autorem wniosku Naczelna Rada Lekarska stwierdziła, że pytania egzaminacyjne z przywołanych egzaminów stanowią informację publiczną, do której dostęp gwarantowany jest konstytucyjnie. W stanowisku podzielono tę konstatację i argumentację NRL, stwierdzając, że zaskarżone przepisy nie spełniają warunków zasadności ograniczenia dla ochrony porządku publicznego czy praw innych osób.
More...Практически проблеми
This work examines and analyzes the institute of the right of self-defense. Focus is placed on the practical problems associated with it as well as on its proper application by the courts. Attention is also placed to the changes proposed by the legislation in order to eliminate the contradictory case law and to facilitate the future ones.
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