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Legalizm czy dobro dziecka – problem pierwszeństwa zasad konstytucyjnych przy odebraniu dziecka z rodziny w sytuacji kryzysowej

Author(s): Tomasz Jędrzejczyk / Language(s): Polish Issue: 6/2016

Artykuł stanowi próbę odpowiedzi na pytanie, która z konstytucyjnych zasad: legalizmu, czy dobra dziecka powinna mieć pierwszeństwo przy odebraniu dziecka przez Policję w sytuacji kryzysowej. Na wstępie wyjaśniono relacje między zasadą prawną a normą prawną. Przedstawiono kwestię bezpośredniego stosowania konstytucji w polskim systemie prawa oraz prawo obywatela do złożenia skargi konstytucyjnej. Analizie poddano konstytucyjne zasady: legalizmu i dobra dziecka. Omówiono rolę pieczy zastępczej, jako czasowej alternatywy w przypadkach niemożności sprawowania opieki przez rodziców oraz zdefiniowano sytuację kryzysową uzasadniającą odebranie dzieci z rodziny i przekazanie ich pod pieczę zastępczą. W oparciu o orzecznictwo sądów, sformułowano uwagi de lege lata, wskazując nadrzędność zasady legalizmu. Podsumowując, poddano krytyce przyjęte przez ustawodawcę rozwiązania i w oparciu o analizę porównawczą sformułowano postulaty o charakterze de lege ferenda.

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Друштвени ефекти изопачености модерне економије

Author(s): Snežana Grk / Language(s): Serbian Issue: 2/2012

It is well known from history that pursuing financial goals, without paying consideration to the general welfare, has always led and will lead to disaster. Today, we are all witnesses to a class war being waged against the rest of the society. Hoarding money on one side means borrowing on the other. This is the kind of situation that we have in the European Union today. Savings measures in the EU have not given positive results; nonetheless, they have brought about new borrowings, bad debts, unemployment, poverty and mass misery. The contemporary financial experiment –in a social laboratory – annuls the results of globalization. Income disparities have been created. The socioeconomic dynamics of population aging is evident in some countries of the world, whereas in other countries we have youth invasion. Massive unemployment of the younger generation and a major proportion of the older generation in history so far, dependent on overindebted countries must explode into a large scale insurgent. Huge indebtedness of countries is undermining Europe, and the increasing gap between the richest layer of the population and all the rest threatens to turn the present great discontent of the poor into risks that could lead most of humanity into a dystopian future. Namely, into a future where there will be people suffering from hardships, poverty, misery and loss of faith of a brighter future. The dystopian scenario will not bypass Serbia if economic and social circumstances deteriorate even further. The future will be fraught with problems due to a depraved economy being led.

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Микроекономска теорија као основа политике за заштиту конкуренције

Author(s): Ljiljana M. Maksimović,Gordana Ž. Radosavljević / Language(s): Serbian Issue: 2/2012

The paper deals with reasons resulted in anti- monopolistic (anti- trust) policy, the goals of competition policy and its historical fundamentals, as well as the experiences with the implementation of the policy in the world and in the Republic of Serbia. The points put forth in the paper have proved the following hypotheses: firstly, competition policy has been a necessary measure of intervention within high concentration industries since the Sherman Antitrust Act of 1890; secondly, sanctions imposed against monopolies and cartels are significantly lower if compared with benefits gained due to abusing their market power; thirdly, the experiences of developed countries in anti- monopolistic legislation provide useful guidelines for a more efficient implementation of competition policy in Serbia.

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Глобализација и концепт социјалних права

Author(s): Bojan Urdarević,Zoran Radulović / Language(s): Serbian Issue: 1/2012

In this paper, the authors attempt to observe the problem of the application and functioning of social rights in the conditions of globalization and stiff international competition. In the first section of the paper, the influence of globalization on the concept of the social state is analyzed, and it is pointed out that it is necessary to reform the social state by making it capable to give answer to new challenges, especially the ones which came about due to changes in the global context and the structure of society. In the second section of the paper, the object of research is the enforcement of social rights in the conditions of globalization and the increasing flexibilization and deregulation of labour law. Specifically, the question asked is how can labour law and society in general efficiently respond to the ubiquitous trend of decreasing the level of social security? This attack on social rights and the inclination to turn labour relations back to free, market- regulated relations is an attack on the distinctness and independence of labour relations in general. Also, in this section of the paper the authors will also shortly analyze the current situation regarding the enforcement and protection of social rights in the Republic of Serbia.

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A Comparative Study of Child Welfare in Serbia, Croatia and Bosnia-Herzegovina

Author(s): Ana M. Gavrilović,Aleksandar L. Jugović / Language(s): English Issue: 1/2012

The aim of this paper is to analyze, through comparative perspective, current systems of child welfare in transitional societies of the Southeast Europe: Croatia, Serbia and Bosnia-Herzegovina. In this paper we used historical, comparative and statistic method. Socio- political characteristics of these states are: mutual history of child welfare systems, transitional metamorphosis of society and social policy, European perspectives and the need for upgraded child welfare. Gavrilovics point out the common past of child welfare systems of these states. In the main part of this work comparative methods are used to analyze current characteristics of child welfare in Serbia, Croatia and Bosnia- Herzegovina. Family and child support measures are taken into account, with special emphasis on child maintenance, maternity and parental leave and services of specialized children’s institutions. Child welfare is analyzed in the context of transitional changes that the South- east European states are undergoing. Analysis of the three basic forms of financial support of families with children showed that transitional changes substantially reduced the number of children benefiting from child maintenance and even more reduced its amount. Maternity leave is recognized as an important measure in family and population policy in all three states, but there are lack of means, compensation amount is under constant pressure to be lowered.

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Jednostki organizacyjne powołane do prowadzenia działalności na rzecz sportu w wybranych miastach w Polsce

Author(s): Agnieszka Gajda / Language(s): Polish Issue: XXXIV/2015

In order to accomplish tasks set out primarily in the law on sport, such as physical culture promotion, the administration and the management of recreational facilities, recreational areas and sports facilities constituting municipal property, separate organizational units are created within the structure of local self-government units. For the purpose of this article the Author has analyzed legal solutions adopted in provincial cities in Poland. The cities have applied various legal opportunities and different organizational forms in order to perform the tasks arising from the above mentioned legal provisions. The organizational form that has been most frequently chosen for the conduct of activities for the sport is the form of a budget unit, a self-government budget institution or a company. The article is an attempt to assess the chosen solutions.

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Неокорпоративни концепт „ваучерске- демократије“

Author(s): Đorđe S. Stojanović / Language(s): Serbian Issue: 3/2010

Recognizing the extraordinary importance of associative life for democratic theory, the problems associated with the democratic deficit of welfare state concept and trend of declining interest and trust in political institutions of the advanced capitalist societies, this paper analyzes the political and social design based on the qualities of associative engagement as a conceptual core of associative democracy project (primarily understood as a reform intervention in traditional model of representative democracy or аs reform addition to dominant aggregative conceptions of democracy). In the first part of this paper, author critically examines: (1) Paul Hirst’s concept of associative democracy, which is a variant of institutional pluralism (oriented towards developing of adequate institutions for the more comprehensive inclusion of minorities); and (2) Joshua Cohen and Joel Rogers’s concept of associative democracy, which is based on the radical transformation of corporatist approach where interest groups take the most important position. The second part of the paper deals with the Philippe Schmitter’s neocorporatist concept of associative democracy, with a theoretical attempt to solve the problem of social inequality by promoting the secondary citizenship, semi-public associations and the state voucher system. The paper concludes with a consideration of the fact that, although conceived as a democratic reform, Schmitter’s concept of associative democracy manifest demand for deep metamorphosis of democracy.

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Социјалдемократија на почетку 21. века

Author(s): Aleksandar Milosavljević / Language(s): Serbian Issue: 3/2010

Due to analyses and interpretation of the attitudes of different schools of thought, as well as analytical review of the historical context of its (previous) development and its achievements, current problems and challenges, the author notices that the beginning of the new century is a chance for social democracy to enter a new revisionist phase. According to him, its backbone would consist of more convergent processes whose ultimate goal would be a review of up-to-now practices, rediscovery of its identity, and its revitalization. The question of identity is one of the primary outcomes and generator of a number of problems of social democracy today, while its new discovery through a distinctive and attractive political program represents a task of extreme importance. The main intention of the article is not to define a final theoretical framework for interpreting events in the modern social democracy. On the contrary, its main goal is just an indication of possible thought directions which, in the context of the current talks considering social democracy review, would (only) have the question of modern identity in its centre.

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Non-institutional centres for social services in the Republic of Macedonia (with special focus on the Department for Organized Living Support in the community of people with intellectual disabilities)

Author(s): Andon Damovski / Language(s): English Issue: 1/2017

The increased importance of the so-called relational and strategic model of social activity in social work, as opposed to previous medical models, provide a transparent promotion of the rights of people with disabilities and of their inclusion in the society. In the frame of this model, the concept of sustained housing of people with disabilities is considered as an alternative to the institutional form of care-taking and may be critical for accomplishing social inclusion for at-risk groups. This social policy approach essentially promotes the human rights of people with disabilities, suggesting they should have the opportunity to attain their goals, to make their own choices, to acquire new skills, to develop relationships with other people, and to get adequate support from skilled professionals in fulfillment of their individual needs in their living environment. In this paper, an analysis of the non-institutional centres that provide social services in the Republic of Macedonia has been made, with particular focus on the Department for Organized Living Support in the community of people with intellectual disabilities.

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Мултикултурализам и индивидуална права

Author(s): Aleksandar M. Novaković,Milena M. Pešić / Language(s): Serbian Issue: 1/2010

This article questions present position of multiculturalism as political and philosophical theory. Namely, through analysis of three phases of the debate through which multiculturalism has undergone – as it is explained by Will Kymlicka, one of its eminent advocates – this article shows that transgression from the first, mainly communitarian oriented phase, toward the second, liberal oriented one, is theoretically unjustified and unfounded. This also implies that present, “third” phase of multiculturalist’s preoccupation is not self-evident, as it is often perceived by its supporters. Therefore Kymlicka’s legitimization of multiculturalism is questioned through several steps. In the first instance, it is demonstrated that multiculturalism – in its intention to be integrated in liberal theory – inevitably makes improper reduction and impoverishment of the notions of individual rights and freedoms (as conceived in the tradition of classical liberalism). In the second instance, it is shown that this kind of treatment is not distinctive feature of multiculturalism - it is also common to the whole spectrum of political theories based on “welfare state” ideology. In that way, the main concepts of these theories are being questioned (“politics of redistribution”, “collective rights”, “positive freedom”, “positive discrimination”, “politics of re- cognition”) in order to indicate their anti-liberal connotations, and also, retroactively, that multiculturalism does not deserve to be labeled as “li- beral” theory. The final conclusion of this paper is that multiculturalism can hardly be defended against collectivism accusations.

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Дискурзивна демократија као специфичан облик делиберативно- демократског модела

Author(s): Aleksandra Mirović / Language(s): Serbian Issue: 1/2009

On the basis of a detailed analysis of Habermas’s model of discursive democracy, author of the text brought out the stance that this model, as some sort of alternative model to liberal-representative democracy, is an utopian project, considering the fact of current limitation in implementation of this model on full political system level. However, at the same time the author wanted to underline that the discursive model, being a corrective and complementary element in some aspects and dimensions of existing democratic political systems, may have a significant role in modernization processes and re- democratization of liberal model.

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W sprawie konstytucyjności projektowanych obowiązkowych ubezpieczeń budynków od ryzyk katastroficznych

Author(s): Dorota Maśniak / Language(s): Polish Issue: XXXI/2014

The article is devoted to the issue of the constitutionality of the proposals of legal solutions aimed at creating a common system of buildings insurance against catastrophic risks in Poland. Due to the fact that the most effective way to achieve this is to introduce compulsory insurance, the assessment of the state intervention in the form of coercion in the context of its compliance with the Constitution seems to be important. For this reason,the Author considers the doubts concerning the principle of ownership and the associated principle of non-discrimination, the principle of equality and the principle of social solidarity. In the summary, the less controversial, from the legal point of view, ways of achieving the universality of insurance protection were highlighted.

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The defense of the European values and social model before the challenge of globalization

Author(s): Luís Palma Martos / Language(s): English Issue: Spec/2010

This paper has a clear objective. To reflect about the question: Is the Social Europe fit for globalization? This reflection will be organized in three parts. In first we present the institutional framework of reference: The Welfare State. In the second we try to offer a panoramic about the Welfare State in the European Union across the time. We deal with the concept of European Social model and with the social statistics of the different Member States in the E.U. We try to answer to another intermediate question: do exist really the European Social Model? The third part of the paper we deal with the main question: the Social Europe and the globalization challenge.

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Трендови редистрибуције благостања у европским државама благостања

Author(s): Suzana Mihajlović Babić / Language(s): Serbian Issue: 1/2017

The role of government in ensuring social security to citizens has been changing over time by expanding the scope of rights and balancing between family and market as alternative social security actors. In spite of changes, there is a belief that the European states today make a single European social model within which several divergent welfare state models exist. The global economic crisis in 2008 has differently influenced the reforms of the social security systems in Europe, but it has also brought certain approximation among liberal, corporative and social democratic European welfare states. Research shows that the largest share of social benefits spending in GDP has been recorded in the countries which do belong to the social democratic model, as well as that allocations for social security have grown in European countries after economic crisis in 2008. The distribution of costs according to social functions is stable in all three social models, while the prioritization of social benefits varies depending on the expected role of the state and the redistributive effect in individual countries within the social models. The largest share of social costs make the benefits in case of old age as well as disease and healthcare, while comparatively speaking, the function of social inclusion and housing functions take up the smallest share of costs in European countries. However, while there is convergence in the levels of social spending, and a relatively similar structure of allocation for social functions, by type of social benefits the social democratic model stands out insisting on the development of services rather than providing benefits in cash. This commitment of the social democratic model is most represented in family policies and policies of social inclusion. There is a growing convergence among social models with the function of unemployment, whereby countries invest more resources in the development of active employment policies. Financing of social benefits by employees and employers is most prominent in the corporate model where it is equated with state allocation, whereas in the liberal and social democratic model the majority of costs are covered by the state.

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Wyzwania i perspektywy demograficzne państw europejskich

Author(s): Radosław Murkowski / Language(s): Polish Issue: 6/2017

The aim of the article is to indicate selected demographic processes, their consequences and how they will have a major future impact on the functioning of the European countries.The importance of individual countries is directly connected to their demographic potential,the size of which has been changing rapidly in recent years. A proper diagnosis of the existing demographic problems requires the use of appropriate cognitive tools for their description. To explain the ongoing contemporary demographic processes the author applied not only conventionally used demographic tools, but also used other less frequently used approaches among other methods of potential demography. Comparing different European countries highlights the differences in terms of their potential ability to reproduce, the size of the demographic burden or advanced aging populations. The author proposed a measure which may be a reference point in determining the statutory retirement age. Current demographic projections indicate that adverse demographic prospects for many European countries and for the who lecontinent.

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Filary kultury bezpieczeństwa pracy w kontekście rzeczywistości interdyscyplinarnej

Author(s): Anna Oleszak / Language(s): Polish Issue: 1/2017

Shaping the desired culture of health and safety at work requires constant focus not only on the physical environment of work, but also on the behavior of employees or on the individual characteristics of employees. The selective use of only one type of action does not lead to satisfactory results. Shaping a culture of safety is a continuous and multidimensional process.

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Strefa Schengen w dobie kryzysu imigracyjnego

Author(s): Elżbieta Lesiewicz / Language(s): Polish Issue: 4/2016

The subject of the consideration in this article are issues related to the functioning of the Schengen area in times of the 2015/2016 immigration crisis in Europe. The Author of this article firstly referred to the origins of the crisis, the role of the Schengen area in the process of integrating the European continent, and then analyzed the phenomenon of uncontrolled growth of immigrants coming to Europe, taking into account decisions, initiatives and activities of certain Schengen area countries and the impact of these actions on running of the Schengen zone. In conclusion, the author stated that in times of serious difficulties, the Schengen area would probably survive, but it has to undertake certain steps (reforms, strengthening of the external border controls) helping to adapt to the new circumstances.

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Analiza socijalne politike za praksu / u praksi – studija slučaja Srbije

Author(s): Natalija D. Perišić / Language(s): Serbian Issue: 2/2017

(Re)newed emphasis on policy analysis worldwide has had its implications in Serbia, especially potentiated by unfinished transition of its social policy. Theoretical perspectives on policy analysis and their adaptations differ among the countries, however, certain common elements of the policy analysis logic can be found. Also, a description of the activities of a policy analyst can be agreed upon, to serve as guidance, for the purpose of its comparing with the actual social policy analysis practice. The experience in social policy analysis in Serbia is presented within the historical context.

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SYSTEM OF INSTITUTIONAL SUPPORT FOR SINGLE MOTHERS IN POLAND

Author(s): Magdalena Lubińska-Bogacka / Language(s): Serbian Issue: 1/2017

Lone parenthood is not a new phenomenon but this problem touches growing group of people and is therefore more often chosen as the subject of research in the field of pedagogy, psychology, sociology and social work. In accordance to the reorganization in Poland in the 1980s, many social problems have been highlighted due to demographic, socio-economic in the labor market in Poland but also in Western Europe. In Poland since the 1990s the government changed its approach to its citizens, from the welfare state to a state which aims in the active social policy. The activities of this type of social policy refers to the ideas of social economy, the need to increase employment opportunities for vulnerable groups (e.g. people with disabilities) and persons who, for various reasons, are inactive (e.g. single mothers with children or the elderly). This concept is not new, it’s development started in Europe in the 1990s of twentieth century and is based, on the transformation of the welfare state into the decentralized and auxiliary state, that stimulate the development of social entrepreneurship and active citizenship with maintaining the principle of social solidarity in the face of the need to redefine social issues. One of the groups of clients of the social welfare system are single mothers who can count on financial, legal and social support from the social institutions. However, there are sometimes single women who are not entitled to these benefits. The paper discusses and analyses the legal and social problems of single women.

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International conditions of the internal security of state

Author(s): Andrzej Wawrzusiszyn / Language(s): English Issue: 21/2015

Ensuring a high level of internal security is an important element of the internal policy of the state. Internal security policy cannot be an individual and independent action, because it has to take into account the international environment. The emerging international order has a significant impact on the internal security of the state. Today's internal security and external security are closely linked. Threats from outside can be easily transformed into internal threats. Therefore, measures to ensure internal security have to be interdisciplinary.

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