Ochrona autonomii człowieka w ramach wybranych gwarancji dotyczących wolności

Author(s): Agnieszka Wojcieszak / Language(s): Polish Issue: 3/2021

This article synthetically presents the protection of human autonomy under certain guarantees of freedom. The considerations undertaken by the author focus primarily on determining what freedom is. Then, the issue of the protection of human autonomy is analysed from the perspective of the current legislative solutions guaranteeing the protection of freedom, in particular constitutional provisions, civil law provisions, and also some of the provisions regulating legal and medical relations. The purpose of this article is to present, on the one hand, the relationship between freedom and autonomy, and on the other, to determine whether the current regulations guarantee adequate protection of autonomy within the framework of guarantees concerning freedom.

Kinga Flaga-Gieruszyńska, Wszczęcie egzekucji, Currenda, Sopot 2020

Author(s): Joanna Studzinska / Language(s): Polish Issue: 36 (4)/2021

Ewa Milczarek, Prywatność wirtualna. Unijne standardy ochrony prawa do prywatności w Internecie, C.H. Beck, Warszawa 2020

Author(s): Katarzyna Witkowska-Chrzczonowicz / Language(s): Polish Issue: 36 (4)/2021

Problem wielości sankcji represyjnych za nieszczepienie dziecka z perspektywy skutecznego wykonania obowiązku szczepień

Author(s): Sebastian Czechowicz / Language(s): Polish Issue: 1/2021

The mandatory vaccination of children raises a lot of controversy in the public space. Anti-vaccination movements have been increasingly active in recent years. The aim of this article is to present the problem of sanctions with regard to mandatory vaccination of children, around which a lot of social and legal controversy has arisen. Sanctions used in connection with the evasion of the obligatory preventive vaccination of children in Poland are analysed. The essence of administrative sanctions in the case of mandatory vaccination of children is considered, as well as the transfer of the execution of this obligation to criminal courts. It is pointed out that absolute distinction has to be drawn between the scope of possibilities of applying administrative sanctions in the course of enforcement proceedings in administration and those provided for in the petty offences law. An analysis of normative acts and the literature on the subject as well as court decisions concerning the presented problem is made. Using a dogmatic-legal method and an analysis of court rulings, it is established that the aim of the application of administrative-law sanctions may only be to compel a person to fulfil an obligation. On the other hand, penalties on the grounds of the petty offences law will be administered for the evasion of obligatory preventive vaccination of children in Poland.

Implantacja zarodków utworzonych z komórek rozrodczych samotnych kobiet – propozycje przepisów przejściowych

Author(s): Rafał Łukasiewicz / Language(s): Polish Issue: 1/2021

According to the Polish Infertility Treatment Act, single women do not have access to medically assisted reproduction (MAR). Nevertheless, many single women had taken part in third-party reproduction before the Infertility Treatment Act came into effect. Under the current legal regulations, they are not entitled to have their embryos, which were created from their oocytes and anonymous donors’ semen, implanted. Given that Polish Law prohibits destroying embryos, the embryos will be stored for 20 years and after this time they will be donated to other couples without the single woman’s consent or knowledge. This means that a donor-conceived child will be brought up by non-genetic parents instead of their genetic mother, who wanted to give birth to a child and be responsible for him or her. The aim of this article is to analyse the risks associated with the above problem. The Polish Constitutional Tribunal’s proposal of 18 April 2018 (S 2/18) recommends the consent of the family court to embryo implantation in the cases of single women who took part in third party-reproduction using MAR before it became illegal. In this article I present some weaknesses of this solution and present another proposal which gives a chance to protect the involved parties’ interests, and which is consistent with the current legal regulations.

The LGBT community in Israel: access to the surrogacy procedure and legal right for equality, family life and parenthood

Author(s): Yael Ilany,Netta Ilany / Language(s): English Issue: 1/2021

In Israel’s legal system, equality is a fundamental principle. LGBT people in Israel suffer from discrimination due to their sexual orientation and their right to equality, parenting, and family life is impaired. Regarding the surrogacy procedure, the Supreme Court has unequivocally stated that the relevant laws discriminate against LGBT people and their fundamental rights when compared to heterosexual people. The main problem is that the statutes block the access to the surrogacy procedure of single men and male couples, harming their right to equality, right to a family life and parenting. The article suggests adopting the minority ruling of Justice Uzi Vogelman in HCJ 781/15 and declaring the nullity of the sections in the laws that discriminate against single men and male couples. This remedy is a lawful and operative solution for the inequality rooted in the surrogacy arrangements towards homosexuals that want to establish a family and become parents. The expectation from the legislature to amend the law is unrealistic, due to the political construction of the Israeli Knesset (parliament). An innovative approach for the amendment of the inequality towards LGBT people should be the nullity of the discriminating sections of the law.

Consultare publică privind măsurile COVID-19 luate de Guvernul României în sectorul sănătății

Author(s): Monica-Mădălina Badea,Luiza-Carmen Mișacă / Language(s): Romanian Issue: 1/2021

After the establishment of the state of emergency on the entire territory of Romania, for a period of 30 days, the Ministry of Internal Affairs established an inter-institutional mechanism for the implementation and reporting of the measures related to the fields provided in Decree no. 195/2020. The provisions included in the decrees establishing and prolonging the state of emergency were implemented by 10 military ordinances and other normative acts issued by the Government. The resources needed to implement the measures adopted in the areas have been provided by a first budget rectification for 2020 and supplemented by the use of European funds. In the study, we aimed to analyze the social perception of the population regarding the Government's measures during the Covid-19 pandemic. Most respondents rated the Government's communication as effective in providing the information needed to protect themselves and others from Covid-19 as effective. Respondents in the medical profession and in hospitals have been shown to be most satisfied, but there are also people who have little or no confidence in how this crisis has been handled by Government and Ministries, respectively. On the other hand, when asked if the government made sure that health workers had the personal protective equipment they needed to permanently protect them from COVID-19, most respondents disagreed and strongly disagreed, respectively, and strongly disagreed. few agree or totally agree.

Ogólnopolska Konferencja Naukowa „Człowiek – język – prawo”

Author(s): Alicja Labijak,Łukasz Piosik / Language(s): Polish Issue: 1/2021

VII Ogólnopolskie Seminarium Prawa Ochrony Zabytków dla młodych naukowców, doktorantów i studentów im. Profesora Jana Pruszyńskiego w Lubostroniu, 17-19 września 2020 roku

Author(s): Żaneta Gwardzińska / Language(s): Polish Issue: 1/2021

Place: Lubostroń, Date: 17-19 September 2020.

VII Konferencja Naukowa z cyklu „Prawne formy ochrony zabytków i opieki nad zabytkami” pt. „Metody oraz formy ochrony dziedzictwa kulturowego, zabytków i zieleni”

Author(s): Adam Kozień,Witold Górny / Language(s): Polish Issue: 1/2021

Date: May 5-6, 2021.

Informacja o książce Katarzyny Zalasińskiej Ustawa o ochronie zabytków i opiece nad zabytkami. Komentarz

Author(s): Alicja Jagielska-Burduk / Language(s): Polish Issue: 1/2021

Publikacja Katarzyny Zalasińskiej Ustawa o ochronie zabytków i opiece nad zabytkami. Komentarz stanowi najbardziej aktualne kompendium wiedzy o obowiązującej ustawie i jej stosowaniu. Na rynku dostępnych jest już kilka komentarzy do ustawy z 23 lipca 2003 r. o ochronie zabytków i opiece nad zabytkami (tekst jedn. Dz. U. z 2021 r., poz. 710, 954), jednak w związku z kolejnymi nowelizacjami ustawy zdezaktualizowały się. Publikacja wydana nakładem Wydawnictwa C.H. Beck w 2020 r. uwzględnia zarówno zmiany prawne, jakie miały miejsce w ostatnich latach, jak i dynamicznie rozwijającą się doktrynę prawa ochrony zabytków oraz orzecznictwo sądów administracyjnych.

Pragnienie chrztu a nadzieja zbawienia dzieci nieochrzczonych w Kodeksie prawa kanonicznego w perspektywie studium Międzynarodowej Komisji Teologicznej. Aspekty teologiczne i prawne

Author(s): Bartosz Trojanowski / Language(s): Polish Issue: 37/2021

The problem of the hope of salvation of children who died prematurely without baptism has been present since the beginning of Christianity. Some of the Fathers of the Eastern and Western Church dealt with it, but, over the centuries, the question has never been definitively resolved because theologians have not been able to resolve all doubts when confronted with a mystery that transcends the human mind. In recent years, after the Second Vatican Council, the view on the destiny of such children has been revised, and theologians have presented arguments that allow for the hope of full happiness in the kingdom of heaven for these children. The first document that can be identified and clearly marks a change in such a theological view is the Code of Canon Law. While it mentions the necessity of baptism for salvation, the legislator does not speak of “absolute necessity.” It allows “baptism of desire,” and our article shows that this includes situations in which parents express that desire before giving birth to their children. Subsequent documents of the Church confirm this development of theological thought and thus justify the existence of the Christian hope of salvation for children who have not received the sacrament of baptism for various reasons. This article presents the arguments of the International Theological Commission and attempts to deepen and justify this theological thought. This problem is not only a theological reflection on the issue but also constitutes the daily life of the faithful who have been affected by such a tragedy and to whom the Church should give hope in their situation.

How Was the Romanian Criminal Judicial Process Digitized?

Author(s): Sergiu Stănilă / Language(s): Romanian Issue: 01/2021

The present study is not intended to provide an exhaustive analysis of the Romanian criminal justice system during pandemic, the author trying to express some opinions on some very debated issues in the Romanian doctrine and jurisprudence. The author provides a pragmatic approach, starting with the analysis of some current Romanian procedural regulations, and answers to the question in the title of the study.

Digitalizarea dreptului şi a administraţiei publice în contextul pandemiei. Digitalizarea procedurilor civile şi a căilor de executare

Author(s): Natalie Fricero / Language(s): Romanian Issue: 1/2021

The COVID 19 crisis highlighted the importance of digitalisation in the functioning of the public justice service and in the enforcement of court decisions. After the isolation period, it is necessary to restore the normal functioning of justice and enforcement: as it is still very difficult to schedule hearings in the presence of parties and lawyers and to establish enforcement proceedings with bailiffs physically moving to debtors' homes, digitization procedures become a necessity. All the member states of the Council of Europe and the European Union face the same difficulties, but do not have the same information tools, which explains their different developments. What progress has digitalization made in the administration of justice and in the enforcement of judgments?

Impactul digitalizării asupra executării forţate: perspective europene

Author(s): Guillaume Payan / Language(s): Romanian Issue: 1/2021

The European perspectives are very promising when it comes to digitizing enforcement. In fact, the stakes whether legal, economic or even ethical are considerable, and such action by the European institutions would meet a real need, all the more so as it is true that problems of this nature cannot be tackled effectively at the unique national level. Under the auspices of the Scientific Council, the International Union of Bailiffs is currently working on a Global Code for the Application of Digital Assets. Central issues regarding access to digital (or crypto active) assets, the applicable law, as well as the general principles governing civil enforcement proceedings in relation to such assets should be addressed from a dual perspective: national and international.

Educational and scientific programmes for the citizens of Belarus as an example of science diplomacy – a political and legal analysis

Author(s): Ewelina Panas,Marcin Gołębiowski / Language(s): English Issue: 4/2021

Owing to current events in Belarus (political and social, including the economic crisis and the ongoing activities that are having a negative impact on the functioning of opposition movements), the country is becoming an arena of competition for influence. In the context of the subject of this analysis, rivalry, especially in terms of the influence of other states on Belarusian society, is of key importance. Science diplomacy may be a tool of competition for influence. The fact that science diplomacy can be both a tool with which to cooperate with other countries in the region and a tool of competition for influence is of key importance in analysing this problem. The scientific potential of the Belarusian community is also of interest to other countries, including Ukraine, Lithuania, and Germany. The effective and efficient implementation of science diplomacy activities towards Belarus is undoubtedly in line with the well-understood Polish national interest. The aim of the article was to conduct a political and legal analysis of the process by which Poland is using science diplomacy as a tool for influencing the scientific community of Belarus. Another research goal was to analyse the activities undertaken by two other countries in the region – Ukraine and Lithuania – with respect to science diplomacy. The article also aimed to analyse the formal and legal conditions related to the normative solutions used in the countries under analysis, enabling the undertaking and implementation of education by Belarusian citizens. The educational and scientific programmes offered to students and scientists from Belarus in Poland were also subject to legal analyses. The whole analysis is supplemented and concluded by an attempt to evaluate the effectiveness of the activities carried out so far.

The Role of the Court of Justice in Creating Standards for the Implementation of Cultural Rights

Author(s): Anna Magdalena Kosińska / Language(s): English Issue: 4/2021

The present study seeks to answer the question whether the case law of the Court of Justice of the European Union in cases concerning the exercise of broadly understood cultural policies may in reality affect the extent of implementation of cultural rights—that is, access to products of culture, participation in cultural life and freedom of artistic creativity—at the level of Member States. Cultural rights are traditionally regulated by the constitutions of EU Member States and are classified by legal scholars and commentators as second generation rights. Culture, in turn, according to primary legislation of the European Union, is only a supporting competence (Article 6 of the Treaty on the Functioning of the European Union). However, a review of the Court’s case law demonstrates that CJEU’s judgments form standards that contribute to a more effective implementation of cultural rights guaranteed in the national law of the Member States and international agreements to which they are parties. This results from the nature of the Union’s law, which penetrates a national system and thanks to the principle of direct effect and supremacy truly affects the situation of EU citizens.

The Fundamental Human Rights and Freedoms in the New Reality of the Globalized and Digitized Society of 2021

Author(s): Roxana-Daniela Păun / Language(s): English Issue: 13/2021

The Knowledge-Based Society (KBS) is a notion that is a challenge in all conditions, but especially in the new society emerging at European and global level is a reality to which it seems European states are trying to respond promptly and adapt to new regional and global realities. The digital age and the difficulties of adapting and optimizing its effects on society as a whole, but especially on every European citizen, is, in my opinion, more of a barrier to communication, than a facility that can benefit the entire working population of Europe. This article aims to be a synthetic analysis of how European states adapt, with the specifics of each state, to the new challenges generated by the digital age in pandemic conditions, which forced every citizen to accept new realities, not pleasant, which it also changes everyone’s perceptions of fundamental rights and freedoms. European policies in some key areas seem outdated, and current attempts to confirm European solidarity do not appear to be successful in the short term. The actions of politicians, so different in their home countries, regarding the measures imposed at national level in the current pandemic, are just one example of a different approach, which deeply affects human rights and fundamental freedoms. The risk of discrimination is more current than ever and generates new challenges that strain the citizen-authority relationship in all European countries and beyond.

Дигитална трансформация на съдебната система и необходимост от разработване на компетентностни модели

Author(s): Desislava Serafimova,Andriyana Andreeva / Language(s): Bulgarian Issue: 4/2021

The article examines the problems in communication between representatives of the judicial system in Bulgaria and IT specialists who have developed a unified information system of the Bulgarian courts. The main challenges in the process of digitalization of their activities are outlined. The possibilities for developing a sectoral competence model for the employees of the judicial administration with a view to a more effective introduction of e-justice are presented. The article aims to outline the main challenges and problems accompanying the digital transformation of the judiciary, reflecting the views of the various participants in this process and proposing guidelines for solving them. On this basis, to argue the need to develop competency models focusing on digital competencies as part of the sectoral competency models in the court administration. Structurally, the article consists of three parts - the first clarifies the methodology of the empirical study, including the methods of desk research, in-depth interviews and surveys. The second part characterizes the trends and challenges in the process of digital transformation in the judiciary in Bulgaria. The third part of the paper argues the need to develop a sectoral competency model for e-justice.

Rozwijanie konstytucyjnych standardów ochrony praw jednostki w orzecznictwie Trybunału Konstytucyjnego

Author(s): Monika Florczak-Wątor / Language(s): Polish Issue: 4/2020

This paper is devoted to the problem of developing constitutional standards for the protection of individual freedoms and rights in the case-law of the Polish Constitutional Tribunal. It analyzes the problem of the minimum standard of protection of individual rights set in the Constitution of the Republic of Poland of 1997 and the possibility of its development in the form of an ordinary statute, as well as the problem of a collision between constitutional and EU standards. The author comes to the conclusion that after 2015 in the jurisprudence of the Constitutional Tribunal we observe a consistent lowering of constitutional standards of protection of individual rights and freedoms.