Ochrona zdrowia dziecka i jego rodziny a realizacja obowiązku nauki w sytuacji stanu epidemii

Author(s): Kinga Michałowska / Language(s): Polish Issue: 1/2021

The purpose of this article is to analyze the rights and obligations of parents resulting from the care of the child, limited for the purposes of the research conducted to the issue of protecting the child's health and ensuring its safety. Such a limited duty of care is analyzed in the context of the implementation of compulsory education in the situation of an epidemic caused by the SARS-CoV-2 virus (COVID-19). The issues raised in the article are part of the discussion on the determination of the limits of parents' interference in the necessity for the child to fulfill the compulsory schooling in a situation of an epidemic, when direct contact of a child attending school may cause a significant risk of infection. In a broader sense, the considerations deal with the problem of the child's health safety and family members who are less resistant to disease, assessed in terms of two general clauses: the best interests of the child and the good of the family.

The Adequacy of Nigeria, South Africa and Other Sub-Saharan Countries’ Response to the COVID-19 Pandemic and Unemployment

Author(s): Howard Chitimira,Oyesola Animashaun / Language(s): English Issue: 3/2021

The measures taken by the governments of the sub-Saharan states, especially in Nigeria and South Africa, in a bid to curb the spread of the dreaded corona virus (COVID-19) are discussed in this article. It is submitted that measures such as social distancing and lockdown of businesses exacerbated the existing problem of unemployment in sub-Saharan countries. Accordingly, this article analyzes the adequacy of the relevant laws and policies that were adopted by the governments of selected sub-Saharan African countries, namely, Nigeria and South Africa in a bid to stimulate the economy and to reduce unemployment in the wake of the COVID-19 pandemic. Nigeria and South Africa were selected because they are amongst the largest economies in sub-Saharan Africa. The authors argue that the governments of Nigeria and South Africa should adopt and enforce pragmatic policies that are backed by appropriate legislation to combat the huge unemployment rate which was worsened by the advent of COVID-19. The article highlights that the problem of unemployment in Nigeria and South Africa must be addressed through adequate review of the employment policies, finance policies, educational curriculum and other related policies. It further recommends the review of the empowerment and socio-economic policies of these countries in order to prevent restlessness, riots and poverty-related protests that are induced by massive unemployment of the youth, women and other marginalized persons in Nigeria and South Africa.

Legitimizing pre-emptive data surveillance under the EU law: the case of the PNR Directive

Author(s): Julia Wojnowska-Radzińska / Language(s): English Issue: 1/2021

The paper analyses the PNR Directive as pre-emptive data surveillance practice. The 2016/681 Directive regulates the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. It obliges airlines to hand national authorities passengers’ data for all flights from third countries to the EU and vice versa, but Member States can also extend it to ‘intra-EU’ ones (i.e. from an EU country to one or more other EU countries), provided that they notify the EU Commission. Thus, PNR Directive affects all passengers who arrive in the territory of one Member State originating from a third country, or who depart from a Member State’s territory to a non-EU country, including any transfer or transit flights. Using PNR data, the individual is profiled and encoded in terms of degrees of risk.

Devlet Denetleme Kurulunun İdari Teşkilat Üzerinde Etkinliği Hakkında: Raporlarının İcrailiği

Author(s): Azer Ebru Mutlu,Fazıl Hüsnü Erdem / Language(s): Turkish Issue: 1/2022

The State Supervisory Board was regulated by the Presidential Decree No. 5 after the Constitutional Amendment Law No. 6771. The Board, which is also given the duty and authority to investigate, can prepare investigation and emergency reports. The execution of the reports of the Board has been discussed from past to present. Transactions, actions and reports prepared by the Board as an auxiliary institution, which takes action upon the direct instruction of the President, are considered preparatory. Preparatory operations are not enforceable as they are not final and executable. However, there are some measures that the Board can take in investigations and emergency reports. One of these measures is the measure of removal from office explicitly regulated in Decree No. 5. These are enforceable measures and can be prosecuted. In addition, these measures and their having enforceable power are a great innovation for the Board.

Administracyjnoprawny status muzealiów w hiszpańskim porządku prawnym

Author(s): Maja Kozłowska / Language(s): Polish Issue: 1/2021

The paper deals with the administrative status of museum exhibits in the Spanish legal system. The assumptions of the Spanish Historical Heritage Act of 1985, which regulates the status of BIC (bienes de interés cultural) cultural property (both movable and immovable) and various levels of protection depending on the category, were presented. The procedure of granting BIC status and the systems for cataloguing cultural property were also discussed. The system of protection of cultural property in Spain is highly decentralized, which also applies to the functioning of museums. The Spanish Autonomous Communities have extensive regional legislation regulating the above-mentioned issues. The article analyses regional regulations in this area based on the example of the autonomous community of Catalonia - on the basis of statutory regulations in the field of culture and cultural heritage and the Catalan Historical Heritage Act of 1993. This allowed for a comprehensive presentation of the complexity of the system of cultural property protection in Spain (at the state and regional level) and prompted reflection on the legitimacy and effectiveness of decentralized solutions in this area.

The Principle of Non-refoulment within the Deportation Procedure, Admission to the Country, Right to Life and the Freedom of Torture and Inhuman or Degrading Treatment or Punishment According to the Turkish Legislation on Temporary Protection Regime

Author(s): Joanna Kuruçaylıoğlu / Language(s): English Issue: 14/2021

This article elaborates on the non-refoulement principle regarding deportation procedure, security, and entry to the country (Turkey) under the 2014 Temporary Protection Regulation, and the 2013 Law on Foreigners and International Protection. According to the document presented by the United Nations Human Rights Office of the High Commissioner “(…) the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman, or degrading treatment or punishment and other irreparable harm. This principle applies to all migrants at all times, irrespective of migration status”.1 The rights of refugees and asylum seekers in mass influx situations are recognized by UNHCR Executive Committee resolutions and general international law.2 Thus, it is necessary to analyze the non-refoulement rule as inseparable part of globally accepted principles: the right to life and the freedom from torture and inhuman or degrading treatment or punishment. The article describes the development and violations of the said rule, focusing on the pertinent current Turkish legislation.

Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z dnia 4 kwietnia 2018 r., sygn. akt II FSK 2304/17

Author(s): Oskar Olejnik / Language(s): Polish Issue: 14/2021

In the glossed judgement the Supreme Administrative Court considered whether a person who was not a taxpayer had legal right to make a claim for overpaid tax. The crucial problem, which was underlined in the opinion of the court, was the meaning of the term taxpayer. Although this term has its legal definition in the Tax Ordinance, it is an example of an empty term which needs to be precised by the specific provisions of tax legislation. The issue of relation between general and specific provisions of tax legislation is important to both the practice and the study of tax law. To analyse the judgement, a dogmatic method was used. The gloss is approving SAC judgement − the court refused to grant legal right to make a claim for overpaid tax to a person who was not a taxpayer and correctly clarified terms party and taxpayer. Definition of the latter term has the form of a cascade − it is void unless co-defined by the specific provisions, and therefore it does not execute its function to confine the area of indistinctness.

Recenzja monografii M. Górskiego, Usuwanie odpadów, Wydawnictwo Wolters Kluwer, Warszawa 2021, ss. 194

Author(s): Adrianna Ogonowska / Language(s): Polish Issue: 14/2021

Необходимостта от създаването на Регламента относно пазарната злоупотреба и влиянието на решението Spector Photo Group

Author(s): Anna Tönies-Bambalska / Language(s): Bulgarian Issue: 3/2021

Over the years, the financial markets of the countries in the European Union have reached increasingly prominent differences, especially in insider dealing and its variety of sanctions. As a result, there is a need to adopt a single and harmonized European framework to ensure the security of all participants in capital markets. A key role in this process plays the decision on the Spector Photo Group case, which raises key topics, where there was no legislation at that moment. After a series of negotiations, the law changed with the Market Abuse Regulation.

Библиотеката на СЮБ представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 10/2021

Legal Regulation of Public Governance in Finland – an Illusion of Predictable Public Administration?

Author(s): Niina Mäntylä,Laura Perttola,Kristian Siikavirta / Language(s): English Issue: 2/2015

Legal coherence and predictable decision-making are the cornerstones of Finnish administrative law. The aim of this research is to analyze the factors that make administrative decisions unpredictable in Finland today. Why is the challenge so significant for the authorities? The factor analysis revealed six main features affecting predictability in the legal regulation of Finnish public governance: the increasing use of soft law, the devolution of government, deregulation, the changing role of the individual, the blurring of the division between the public and the private sector and the influence of international and EU-law.

“Parallel reforms and double efforts”: Latvia`s experience reforming administration

Author(s): Iveta Reinholde / Language(s): English Issue: 1/2015

The public administration reform process in Latvia from the beginning of the 1990s was separated into two parts - national administrative reform and administrative territorial reform – both with their own unique goals and implementation mechanisms. The divided coordination and management of the reforms have resulted in the two administrative subsystems. The paper’s aim is to explore the links between reforms in the national level and local level after 2004 by analyzing the main reform documents determining all reform activities at that time. The results will demonstrate the complexity of the reform management process, as the coordination of reforms is essential regarding all of its levels and sectors.

Regulacje „antyfaszystowskie” jako narzędzie transformacji ustrojowej w Polsce: kazus tzw. małego kodeksu karnego z 1946 r.

Author(s): Katarzyna Vall / Language(s): Polish Issue: 75/2021

In Poland in the mid-1940s a number of „anti-fascist” regulations came into force. However, they served mostly as a propaganda tool aimed at fighting political opponents and building a new order. In this context, attention should be drawn to „anti-fascist” provisions contained in a Decree on particularly dangerous crimes during the rebuilding of the State of June 13, 1946 (aka „small penal code”).

İdari Yargi Kararlarinin İşlevsizleşmesi

Author(s): Sebahattin Bektaş / Language(s): Turkish Issue: 53/2022

In the historical process, we see that the administrative judicial decisions in our country are becoming increasingly dysfunctional. The ongoing conflicts between the executive and the judiciary and the desire of the executive to control the judiciary continue. It is seen that the independence of the Judiciary was damaged with the 1982 Constitution and the 2010 Constitutional Amendment referendum. It is also observed that there has been a clear decrease in the number of annulment decisions, especially in the field of administrative jurisdiction. We consider this situation to be due to the fact that the administrative judiciary cannot act independently enough and that it feels itself under the pressure of the executive. In this study, the reasons for the gradual dysfunctioning of administrative judicial decisions in our country and solution proposals will be discussed.

ALTERNATIVE DISPUTE RESOLUTION AND INDIVIDUAL LABOUR CONFLICTS: A DIFFERENT WAY OF MANAGING ORGANIZATIONAL DISPUTES

Author(s): Dana Volosevici / Language(s): English Issue: 2/2021

Organizational conflict as is considered legitimate and inevitable and may constitute a positive indicator of effective organizational management. This paper aims to analyse the legal provisions which establish the alternative dispute resolution methods and procedures regarding the individual labour conflicts through conciliation and mediation.

EVROPSKA UNIJA: SUVERENI ENTITET?

Author(s): Mahir Muharemović / Language(s): Bosnian,Croatian,Serbian Issue: 6/2014

The EU is a construction based upon international treaties which function as its very foundation. Therefore, all its competencies are derived from these founding treaties that are the result of the sovereign will of its member states. None provision of the treaties confers Competence-Competence to the Union. As the most crucial element of sovereignty the Competence-Competence is still placed in the member states. Beside this fact, the member states have the sovereign right to withdraw from the Union and the Lisbon Treaty provisions contain, for the first time, a prescribed formal withdrawal procedure. The EU also lacks of a common European nation that could be the democratic legitimation of a EU constitution. Because of that we can not speak of an existing EU constitution, but rather of pre-constitutional forms. Although there is much debate about the very same character of the EU, analyzing the Lisbon Treaty, we can reveal the significant intergovernmental character of the EU without an unconditional and absolute supremacy of the EU Law over national law of the member states, as it would be in a federation.

Reformy sądownictwa administracyjnego na Węgrzech

Author(s): Bea Éva Barsi-Fodor / Language(s): Polish Issue: 98/2022

The study deals with the reforms of the administrative judiciary in Hungary from the 1880s to the present day. The main part of the considerations is the analysis of the first Hungarian codification of administrative court proceedings – Act No. I of 2017 on administrative court proceedings, which is the result of only partially implemented intention of the legislator aimed at creating an administrative judiciary separate from the common judiciary, equipped with its own procedure and institutions. These plans have not been fully implemented to this day – judicial control of the administration (both before and now) has remained in the hands of common courts, and the 2017 Act retained the status of an act only partially independent of the Code of Civil Procedure, as in many the procedural law, the act refers to the provisions of the Code of Civil Procedure. Currently, judicial control of administration in Hungary is exercised by courts of two instances: in the first instance, they are adjudicated by either provincial courts by administrative chambers or, in cases provided for by law, by the Curia. The Curia adjudicates in second instance and on all matters of revision.

Reformy sądownictwa administracyjnego w Serbii

Author(s): Ratko Radošević / Language(s): Polish Issue: 98/2022

Judicial control of the administration in Serbia has a long tradition of over 150 years. Initially, this control was exercised by the Council of State, organized according to French models. After World War II, all forms of administrative judiciary were abolished and reinstated as early as 1952, when the competence to resolve administrative disputes was entrusted to common courts, which adjudicated these cases in special chambers. The last phase of the development of administrative judiciary began anew with the creation of specialized judiciary, namely with the establishment of an administrative court in 2010. This court is no longer part of the administration, as it was before World War II, but part of the judicial system. Judicial control of administration is based on the constitutionally guaranteed right to a fair trial. This means that the administrative court decides within a reasonable time on the basis of the law and facts established in the course of a public hearing, and its judgment may be delivered in limited jurisdiction (resulting in a cassation judgment) or full jurisdiction (where the court itself decides the case). This phase of the development of judicial control of the administration is not finished, however, as the administrative judiciary in Serbia has a single-stage structure, and therefore administrative court proceedings are always one-instance. This raises the need for further reforms aimed at introducing two-tier administrative judiciary and increasing its efficiency.

Reformy sądownictwa administracyjnego na Litwie

Author(s): Jurgita Paužaitė-Kulvinskienė / Language(s): Polish Issue: 98/2022

The study concerns the reforms of the administrative judiciary in Lithuania, starting from the interwar period, and the importance of prof. Mykolas Römeris, to modern times. The Lithuanian model of legal protection against actions of public administration is based on Art. 111 sec. 2 of the Lithuanian Constitution, which provides for the possibility of establishing specialized courts to hear administrative cases. Since 2001, this judiciary has two instances: it consists of district administrative courts as courts of first instance and the Supreme Administrative Court. It is part of the judicial system but is separate from the common and constitutional courts. The Lithuanian administrative judiciary is now considered to be very modern, taking into account progressive European trends. Its characteristic feature are, among others extensive forms of alternative settlement of public law disputes, such as pre-trial proceedings, settlement or mediation. The Lithuanian legislator, however, continues efforts to modernize it further. The subject of the current discussion is the reform of the appeal procedure, assuming an increase in the effectiveness of this procedure by introducing a filtering mechanism for complaints brought to the court of second instance.

Projekty reform sądownictwa administracyjnego w Polsce

Author(s): Anna Chmielarz-Grochal / Language(s): Polish Issue: 98/2022

The aim of the article is to present the basic assumptions of the reforms of the Polish administrative judiciary. The planned and implemented reforms concerned both the model of administrative judiciary system, as well as the model of adjudication and rules of procedure before administrative courts. The analysis of the implemented solutions, starting from the period of the Second Polish Republic, made it possible to formulate a thesis that the administrative judiciary was subject to evolutionary (developmental) reforms. The article mainly concerns systemic issues, as the creation of a separate, independent, two-instance administrative judiciary was a priority postulate for reforms initiated after Poland regained independence, which appeared in later reform proposals. As the analysis shows, this postulate was fully implemented after the entry into force of the Constitution of the Republic of Poland of 1997.