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Opinia prawna w sprawie interpretacji art. 10a ust. 4 regulaminu Sejmu

Author(s): Katarzyna Kubuj / Language(s): Polish Issue: 1/2015

The author provides an analysis of the provisions of Article 10a, para. 4 of the Standing Orders of the Sejm in the context of the time period within which it should consider a motion to recall the Marshal of the Sejm. She points out that the opportunity to recall the Marshal of the Sejm is complicated as compared to the election procedure,. The character of the time limit for consideration of the motion to recall the Marshal of the Sejm is not indicative, but mandatory. From an analysis of the concept of ‘the next sitting of the Sejm, it follows that the consideration of the motion and the putting thereof to a vote at the sitting that is “the first one after 7 days of its submission”.

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Milcząca zgoda administracji – wnioski de lege ferenda

Author(s): Zofia Snażyk / Language(s): Polish Issue: 1/2015

The purpose of the opinion is to examine the ability to adapt the institution of so-called „legal silence” into the Code of Administrative Procedure. In a number of polish laws the legislator combined with the inaction of administration different legal consequences. This specific regulations are very various. It cause a series of doubts both on a theoretical and practical plane and arise questions on searching an antidote to undesirable inaction of administration. General clause of fiction of positive or negative adjudication in administrative cases is used in several legal administrative system such as French, Italian, Spanish, Portuguese or German.

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Opinia prawna i merytoryczna na temat rządowego projektu ustawy o zmianie ustawy o Służbie Celnej, ustawy o urzędach i izbach skarbowych oraz (...)

Author(s): Jacek Kulicki / Language(s): Polish Issue: 1/2015

The bill concerns the inclusion of tax offices in the organizational structure of the tax chamber which, formally, is to maintain two separate tax authorities (head of a tax office as the first instance and director of the Tax Chamber as the second instance). The functioning of these bodies in one organizational unit raises doubts as to guarantee two-instance proceedings in cases of tax liabilities. The proposed solution, in fact, reestablishes the factual circumstances of the 1980s. The early entry into force of the amendments may lead to problems with the use of employees of consolidated organizational units of tax offices and with the implementation of statutory tasks of tax offices. In the author’s view, the planned centralization can be achieved by the use of existing legal solutions by focusing on consolidation at the regional level of oversight, recovery, investigation or registration functions, leaving the authorities of first instance the performance of assessment, verification, collection and service to taxpayers. The opinion also presents systemic contradictions in the context of the Tax Code.

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Projekt stanowiska Sejmu w sprawie o sygn. akt P 9/14

Author(s): Szymon Pawłowski / Language(s): Polish Issue: 1/2015

In this position the Polish Sejm declares Article 26, para. 1 of the Act on Fire Protection to be consistent with the constitutional principle of social justice laid down in Article 2 and Article 32 para. 1 of the Constitution. In support of this argument, it was considered that a volunteer firefighter who, in connection with participation in the rescue operations or exercises, has suffered bodily injury and became temporarily unable to work, is entitled to sickness benefit equal to 80% of the base amount, and not – like members of professional firefighting units – up to 100% of the base amount of sickness benefit for an accident at work. Members of VFBs do not practice the profession of firefighter and, therefore, are not entitled to the accident insurance that guarantees 100% reimbursement of lost earnings in the event of an accident at work. In the author’s view, Article 32 para. 3 subpara. 2 of the Act on Fire Protection provides that the municipality is obliged to insure members of the volunteer fire department, therefore on a normative level their insurance is considered as sufficient.

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Opinia prawna na temat projektu ustawy o zmianie ustawy – Prawo o ustroju sądów powszechnych oraz niektórych innych ustaw

Author(s): Jerzy Słyk / Language(s): Polish Issue: 1/2015

The author gives an evaluation of the proposals to supplement the Act – Law on Common Courts System with the provisions on family diagnostic and consultation centres. Currently, their functioning is based on the Act on Juvenile Delinquency Proceedings, which fact is criticized by the author who claims that the centers, due to their tasks and the nature of and the proposed legislation, should be governed by the Act – Law on Common Courts System. In his opinion, the proposed bill does not eliminate all previous doubts concerning the use of evidence supplied by the centre in civil proceedings and, in this regard, needs to be completed. He also discusses some doubts about the wording and the arrangement of the proposed legislation.

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Opinia prawna na temat projektu ustawy o zmianie ustawy – Prawo o stowarzyszeniach oraz niektórych innych ustaw

Author(s): Marek Szydło / Language(s): Polish Issue: 1/2015

Examining the presidential bill, the author presents a number of substantive and interpretive doubts aroused by the proposed provisions. Allowing the associations’ bodies to obtain remuneration violates the legal principle according to which associations are based on unpaid work of their members and reinforces the trend of departure from the traditional model of association. Additionally, this raises doubts as to the remuneration of other members of the association. The entry into force of the proposed provisions for dissolution of a local organizational unit (with legal personality) of an association will obscure the relationship between these provisions and the general principles of dissolution of association. The author also points to the incompatibility of the proposed provisions to repeal resolutions of the association’s bodies by the court to the general provisions of civil law. In his opinion, the bill should more specifically regulate some aspects of the process of associations transitions or mergers. Further legislative work on the bill is needed.

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Opinia prawna w sprawie normatywnych uwarunkowań transmisji internetowych z posiedzeń Sejmu, komisji i podkomisji sejmowych

Author(s): Ewelina Gierach / Language(s): Polish Issue: 1/2015

Provision of information about the activities of the Chamber through the Information System of the Sejm is the primary making accessible public information by the Sejm. The express legal basis is given in Article. 202a of the Standing Orders of the Sejm. This provision is, however, brief – and does not specify what information about the operation of the Sejm will be made available through the System and who is responsible for the published materials and their selection. Shaping the mechanism for making accessible public information by the Chancellery of the Sejm, the Sejm assumed that the website only part of the information specified in the Constitution and the Act as public information, will be published. The scope of the information available is determined by the Chancellery of the Sejm. The Standing Orders of the Sejm, however, do not contain any provision forming the basis for recording the sittings of Sejm committees and sub-committees, which would also provide the basis for placing the recordings in the Information System of the Sejm.

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Opinia prawna na temat projektu ustawy o zmianie ustawy – Kodeks karny

Author(s): Andrzej Sakowicz / Language(s): Polish Issue: 1/2015

The author questions the proposal to amend the Act – the Penal Code by supplementing its content with an article criminalizing the use of violence – other than as to a person – obstinately or in a manner significantly impeding another person in satisfying their basic needs in order to compel that person to a particular action, omission, or endurance. He points out inadequate arguments used by the authors of the bill to prove insufficient protection of tenants against forced eviction. It was pointed out that the scope of the proposed provision is not confined to behavior aimed at forcing tenants to leave their apartments, but provides for coverage of all cases of persistent violence. The author favors the fact that, under the bill, prosecution of offenses referred to in Article 191 § 1 and 1a of the Penal Code shall be initiated upon request of the injured person.

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Opinia prawna stanowiąca uzupełnienie opinii na temat obowiązku wprowadzenia przez Polskę do sprzedaży aptecznej bez recepty produktu leczniczego ella

Author(s): Mariusz Kondrat / Language(s): Polish Issue: 1/2015

The author provides an analysis of Poland’s obligations as a Member State of the European Union, relating to the implementation of Community law in so far as it concerns Ellaone contraceptive. He points out that Regulation 726/2004 does not regulate issues related to the marketing of medicinal products in a comprehensive manner. Directive 2001/83/EC of the European Parliament and of the Council, according to its Article 4 para. 4, does not affect the application of national legislation prohibiting or restricting the sale or use of medicinal products as contraceptives or abortifacients. In Poland, there is no legislation expressly establishing a ban or restrictions on marketing or application of this particular type of agents, and any possible national legislation introduced to implement the restrictions permitted under the Directive should not only aim at eliminating the effect of the decision of the European Commission amending marketing authorisation issued by a decision (2009) 4049 for “ellaOne – ulipristal acetate”, a medicinal product for human use, but should relate to this category of products.

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Opinia prawna w sprawie możliwości zabrania głosu w debacie nad wnioskiem o odwołanie Marszałka Sejmu przez Marszałka Sejmu lub posła rekomendowanego

Author(s): Wojciech Odrowąż-Sypniewski / Language(s): Polish Issue: 1/2015

The author analyzes the normative model derived from the Standing Orders of the Sejm and confronts the theoretical assumptions with parliamentary practice accompanying the procedure for election of the Marshal of the Sejm, based on its similarity to the procedure for recall of the Marshal of the Sejm. He argues that the general principles set out in Chapter 2, “Debates of the Sejm” in Section III of the Standing Orders of the Sejm, should apply to this matter in question. The said provisions do not provide for specific powers that would give the Deputies subject to the motion for the recall of the Marshal of the Sejm the right to speak in the debate in accordance with the rules different from those defining the procedure for taking floor by other speakers. It should be assumed that in the debate on a motion to recall the Marshal of the Sejm the questions in the debate can be responded by their intended addressees, i.e. a person subject to the motion or the designated candidate. There is no specific basis in the Standing Orders that would allow giving a speech by the Deputy subject to the motion when no question has been addressed to him/her during the debate.

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CE POUVOIR QUI FAIT OBSTACLE AU DÉVELOPPEMENT DES COMPÉTENCES PROFESSIONNELLES

Author(s): Sapta Claudia / Language(s): French Issue: 2 (15)/2012

In the epoch of total communication, the microcosm of the firm is just like our society. The one as other one keeps an extreme claim of workmanship of situations, processes and by it, of individuals in their capacities of action and reaction. Most often this claim takes the form of a power hardly, but profoundly felt at interpersonal level that at technological level. By invoking the good old history of expenses and objectives (so much purely salable imperatives), management uses competence - competences of the wage earners - as buckler of power. Most often performance is translated by working objectives (tasks, quotas, finished products) that the wage earners are required to achieve. By playing management with the aid of tools being supposed to do to put the emphasis on the importance of communication (TIC) and of participation (management by plan), the managers like each other check to invest the competence of a new dream of happiness. It is corresponding to the secret wish of individualization and boundary. Besides, thanks to different methods of control, among which the contracts of objectives and valuation of competences, the employers cultivate impression to watch carefully to preserve their professionalism. In reality, most often they are only plunging the wage earners into a deep distress synonymous with ignorance faced with true stakes and real aims of performed job. One of the direct consequences of this fact is the appearance of incompetence. If they continue not to see incompetence where this one exceeds competence by diverting it from its useful aim, it will be one day too late to catch the lost time. that day social and cultural consequences will be the proof of the dissolution of inventive potential in the magma of an ideology fooling competence to the point of emptying it of her last ounce of common sense.

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BRANCHÉS OU DÉBRANCHÉS: LES PIGISTES, DES JOURNALISTES DERRIÈRE UN ÉCRAN?

Author(s): Letourneux Frédérique / Language(s): French Issue: 2 (15)/2012

Freelance journalists work at home, as they have different contracts with newspapers. What is specific in this relation? What does work mean? First, freelance situation involve specific relations between the journalist and the organization: as orders and controls of work are dematerialized (mails, phone calls), the question is how the individual still has the feeling to belong to a collective of work? On the other hand, this situation involves a redefinition of work at home: how is it possible to think about work in an unproductive space? How does the freelance journalist define his professional identity?

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LES NOUVELLES TECHNOLOGIES ET RISQUES PSYCHOSOCIAUX DES ACTIFS DANS L’ESPACE UNIVERSITAIRE

Author(s): Benrabah Hédi / Language(s): French Issue: 2 (15)/2012

From narratives of life, this work emphasizes the concepts of actors and agents through the interaction of an active minority of foreign students. The University of the Coast and Côte d'Opale is a convenient ground due to its spatiotemporal configuration to observe the use of the new technologies. This article tries to question the digital identity of a public who belongs to another educational system and who recently invested an imagined university system and a route of life in gap with its mental perceptions. It is also a question of showing the interdependence between a language of the new technologies more or less mastered and effects in front of the acculturation in a host country in which the resources are to be built. Is the socialization by the N.T.I.C. coherent and done adapted for a public under the pressure of the decrease from its arrival on a territory of reception?

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TIC AU TRAVERS DU PRISME DE L’INTÉGRATION DANS L’ENTREPRISE DES PERSONNES EN SITUATION DE HANDICAP

Author(s): Amelie Gozales / Language(s): French Issue: 2 (15)/2012

The New technologies promote persons with disabilities’ employment. In the age of the inclusion, they are important weapons for accessibility of work environment and adaptation of the workplace. In France, the juridical devices used in this situation are the quota scheme and the professional redeployment, which are, with security, bonds of the employer. The technological progress decrease opportunities to escape its obligation.

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L'EXPANSION DE NOUVELLES TECHNOLOGIES ET LE STRESS PROFESSIONNEL DANS TRAVAIL

Author(s): Dan Ţop / Language(s): French Issue: 2 (15)/2012

The stress at job affects the health of million workers. According to l International 'Organisation Job, professional stress draws away an identical loss in 10 % of the GDP d 'un country. L 'expansion new technologies - computer science, robotics, the cell telephones, fax machines and Internet – can lead administrators to plan a wait augmented by productiveness, speed up working processes, also to augment and, as a result, drive to a growing request and the pressure on the employees who are definitely restricted in the possibilities of tasks becomes generative of stress. He can disappear with changes in the firm These changes cannot be attained by a good management of human means and l organisation scientist of job.

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L’IMPACT DES TIC SUR LE CONTENTIEUX DU TRAVAIL

Author(s): Elise Ternynck / Language(s): French Issue: 2 (15)/2012

The entrance of information and communication technologies in the microcosm of the company has generated an explosion of the works’ contentious. The subject’s decision of the judge knew transformations due to the ambivalent nature of these modern processes. On one hand the object of the contentious of an industrial tribunal concentrates around the limits in the freedom of expression of the employee; on the other hand, it questions any supervision of the employer on his employees.

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CARACTÉRISTIQUES DE L’ÉVOLUTION DU SALAIRE MINIMUM RÉEL EN ROUMANIE

Author(s): Cornelia Neagu / Language(s): French Issue: 2 (15)/2012

Under the circumstances created by the new technology era, a true image of the purchase power and subsequently of the nation’s welfare can be offered by the evolution of the minimum real wage influenced by the urge to keep the pace with the innovation rythm in every industrial branch. Our analysis took into account our country’s specific elements with a cautionary interpretation in explaining the market and industrial branches characteristics.

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LES OUTILS INFORMATIQUES SUPPORTS AU TRAVAIL

Author(s): Bouneffa Mourad / Language(s): French Issue: 2 (15)/2012

The computer science has been historically considered as a set of tools dealing with the automation of basic and repetitive management, computing and manufacturing supervision tasks. The main distinction between computer science tools and the other ones involved in the work environments was the fact that the computer science tools are information and no material processing ones. So, the computer science has been used to build automatic tools dealing with bill management, payroll, etc. Since the apparition and the generalization use of both personal computing devices (personal computers, smartphones, etc.) and networking technologies mainly represented by the Internet, the computer science tools evolved to also deal with the interaction between the various organization actors. Nowadays, many technologies and tools have been developed in order to manage the interaction and the collaboration of the actors accomplishing tasks composing more complex management activities. Such tools are generally called groupware and belong to the computer science area named Computer Supported Collaborative Work. It is also possible to automatically extract performance measures that make it easy to identify process bottlenecks. This is implemented by new computing environments based on the concept of the Business Process Management or BPM. In this paper we briefly make a review of the computer science as a working tool. We show then the new computer science tools supporting the collaborative work and actors interactions. We draw some important questions that the law actors should address in the context of the tripartite relationship between humans, organizations and the automated data processing generally called computer science.

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L’ENTREPRISE FACE AUX RÉSEAUX SOCIAUX ET AU RESPECT DE LA VIE PRIVÉE DES SALARIÉS

Author(s): Lamia El Badawi / Language(s): French Issue: 2 (15)/2012

The sudden and massive success of the social networks since 2005 heralds a revolution in the uses of the Internet. These websites promote a high self-exposure, centralizing personal data. Posting personal data online can have harmful consequences on the personal, social and professional lives of the employees, as a result of the difficulty of removing them. The employer may find useful to use those social networks as a tool to scrutinize the information provided by all job candidates before hiring them. He could also use it to justify the dismissal of an employee because of comments made on his personal page.

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LE MAUVAIS USAGE DES NOUVELLES TECHNOLOGIES DANS LA GESTION DES ENTREPRISES: UNE SOURCE DE MAL-ÊTRE

Author(s): Eric Van Aerde / Language(s): French Issue: 2 (15)/2012

NTIC is more and more present in firms. Their not controlled use made possible or amplified of maladjusted and especially disrespectful modes of management of the individual at the origin of a deterioration of human relations, stress, loss of motivation, violence and harassment. Concrete examples of ground allow to make proposals aiming at ameliorating psychological health and effectiveness at job.

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