Die Protektoratsregierung und die Verordnungen des Reichsprotektors über das jüdische Vermögen

Author(s): Miroslav Kárný / Language(s): German Issue: 1/1993

This article examines the role of the Protectorate government and the Reich Protector in the confiscation of Jewish property in Bohemia and Moravia during the Nazi occupation. It analyzes the legal and administrative measures that enabled the systematic and total expropriation of the Jewish population, as well as the resistance and collaboration of the Czech political and economic elites. It also explores the motives and interests of the German authorities and the Czech collaborators in the process of "Aryanization", which was used as a tool of Germanization and economic exploitation. It argues that the confiscation of Jewish property was not only a consequence of Nazi racial ideology, but also a result of economic and political calculations and conflicts.

Disputes related to the protection of the right to a healthy environment: the experience of Ukraine and EU

Author(s): Yulia Leheza / Language(s): English Issue: 9/2023

This article discusses approaches to understanding the right to a safe environment in accordance with the legislation of the EU and Ukraine. It has been established that in modern conditions, the concept of the right to a safe natural and anthropogenic environment has undergone a transformation. The basis for protecting this right must be understood as a balance between private and public interests, as a principle for implementing and achieving the goals of the Strategy for Sustainable Development. The author has carried out a classification of disputes related to the implementation and protection of the human right to a safe natural and anthropogenic environment. The analysis substantiates the interaction between changing the understanding of the right to a safe environment and the right to initiate a claim for its protection. This leads to the conclusion that the leading bearers of public interest in the field of environmental protection are public organizations. The author’s classification of disputes in the field of implementation and protection of the natural environment is then substantiated.

PHILOSOPHICAL-LEGAL CONSIDERATIONS OF COERCION CONCEPT

Author(s): Oleg Tănase / Language(s): Romanian Issue: 4/2020

The issue of state coercion in the last decade is becoming particularly current, its role and value have been reconsidered, which is largely conditioned by the socio-economic and political changes in contemporary society. The state coercion is one of the methods of performing state administration functions in different areas of social life (at the same time different methods can be applied to influence the members of society, such as: sanction or threat of its application, remuneration or other incentives, persuasion, etc.). Thus, the research of any legal phenomenon must not have a separate fragmentary character, but must be carried out, taking into account its place in the larger phenomena that absorb it, with the detection of functional, genetic and other social and legal phenomena. Here, we can also mention that the examination of the concept of coercion in the implementation of the rule of law, starting from the philosophical-legal desideratum, can widen the range of knowledge and can give us a more complex presentation of coercion, because its content, its role, its value are revealed in the realization of the right. Democracy, as a concept, means the power that emanates from the people and belongs to it; but at the same time, the people entrusted this power to be exercised by the state, which by virtue of a good and efficient activity divided its power. Under these conditions, the state organized on the principle of separation of powers in the state, joins the rule of law, with all the effects of functionality: state-citizen, citizen-state, mutual responsibility and coercion.

Библиотеката на Съюза на юристите в България представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 1/2024

ПРАВНОИСТОРИЈСКИ ПРИЛОГ ИСТРАЖИВАЊУ ФУНКЦИЈЕ ПРЕТОРА У ВИЗАНТИЈИ

Author(s): Tamara Ilić / Language(s): Serbian Issue: 60/2/2023

The office of praetor in Byzantium represents a vestige of antiquity revived in the middle years of the reign of Justinian I. The paper offers a history of the function following the chronological timeline, as well as an analysis of the praetor’s competences in the judicial and administrative spheres. Firstly, relying on the few available sources up to the 10th century, it brings an overview of the praetor’s competences. In the 10th century, the praetor became a thematic judge, the supreme civil officer in the province, outranking the strategos, which is how most sources portray the praetor in the 11th and 12th centuries. The paper examines the praetor’s service in law and juxtaposes it with his authority as the supreme figure in the province. Simultaneously, in the 11th century, the praetor was part of the capital’s judiciary system, with a possible scope of duties in private law. The last known sources describe the praetor as the court’s official in contacts with the Latins.

The Concepts of Jan Kopczyński, President of the Supreme Administrative Tribunal, Regarding the Formation of the Council of State in the Second Polish Republic

Author(s): Karol Kopczyński / Language(s): English Issue: 1/2023

The paper focuses on a proposal to reform the lawmaking process in the Second Polish Republic through the establishment of a Council of State. The idea of creating a Council of State to improve the quality of legislation was widespread among the Polish legal elite of that time; many representatives of the legal profession presented their ideas in various periodicals. Particularly prominent among the supporters of this concept was the president of the Supreme Administrative Tribunal, Jan Kopczyński, who submitted for discussion by his fellow lawyers several proposals he had prepared for the establishment the Council of State. The paper describes the debate over Kopczyński’s proposals by juxtaposing them with the concepts of other representatives of the legal doctrine of the Second Polish Republic and the solutions that were applied by the government in that period. The ideas for the creation of the Council of State focused on two foreign models. The first was the French Conseil dÉtat, which combined legislative and administrative-court powers. The second model was the Romanian Legislative Council, whose tasks were strictly limited to legislation, without the administrative-court functions. Jan Kopczyński’s concepts were closer to the Romanian model. Kopczyński submitted three proposals to establish a Council of State, but none of his proposals was implemented. A substitute for the Council of State was to be the Legal Council to the Minister of Justice, established in 1926 by a regulation of the President of the Republic, but it quickly ended its activities encountering both reluctance of the parliament and a frigid reception by the ruling elite. The fact that the Council of State was never established, although it enjoyed widespread approval in the legal community, proves that politics always has the upper hand in a clash with legal idealism.

Military and Civilian Requisitions in Light of the Rulings of the Supreme Administrative Tribunal from 1923 to 1931

Author(s): Marcin Konarski / Language(s): English Issue: 1/2023

The institution of military and civilian requisitions is inextricably linked with the obligation to comply with public burdens and contributions, and it may be applied both in wartime and in peacetime. In-kind contributions in the form of requisitions by competent State authorities of items necessary to serve an unspecified public purpose, usually to meet the needs of the army, have from time immemorial been among the most onerous burdens to benefit the State. Requisitions – the subject of this analysis – constitute a means of searching for items that are of interest to the army and are a direct form of duty imposed on individuals to make them contribute to the public administration, thus constituting a breach of the principle of the inviolability of private property rights. The main focus of this discussion, however, is not an analysis of the substantive legal aspects concerning requisitions, but an analysis of the body of administrative rulings on these matters. Military requisitions constituted the basis of the system of wartime contributions that gave the State, through authorised bodies, the right to demand these contributions from the population, in particular the right to transfer to the State, in return for payment, ownership or the right to use movable and immovable property, directly or indirectly needed for the purposes of supplying the army and the state upon the outbreak of war or the ordering of a partial or general mobilisation. Some cases that found their way to the Supreme Administrative Tribunal in the first years of its existence resulted from complaints against the activities of military requisitioning bodies, mainly during the Polish- -Bolshevik War. Civilian requisitions, on the other hand, became the subject of the rulings of the Supreme Administrative Tribunal as a result of complaints over the obligation to provide housing for servicemen and civilian officials in the first years of a reborn Poland, the direct cause of which should be attributed to the dramatic shortage of housing during the first years after the end of the First World War.

Z dziejów sądownictwa administracyjnego na Górnym Śląsku w czasach II Rzeczypospolitej. Sprawa Józefa Kormana przeciwko Dyrekcji Policji w Katowicach

Author(s): Marian Mikołajczyk,Grzegorz Nancka / Language(s): Polish Issue: 1/2023

The article aims to show the practice of the Voivodship Administrative Court in Katowice, operating during the Second Polish Republic, which – in a broader context – will allow for an assessment of its activity. The Voivodship Administrative Court in Katowice, which was established only in 1922 after the annexation of part of Upper Silesia into the Republic of Poland, has not yet been subjected to a comprehensive analysis. Research into its operation is not facilitated by the small number of surviving files, which were heavily depleted in the process of disposal. The preserved case files, which are very few in number, provide insight into the course and results of disputes adjudicated before the Voivodship Administrative Court. One of them is the case of Józef Korman v. the Police Directorate in Katowice, which is the subject of this study. It is an interesting case study for a number of reasons. This is primarily because it was one of the few cases heard before the Highest Administrative Tribunal in Warsaw as a result of an appeal filed against the judgment of the Voivodship Administrative Court in Katowice. The study is based on the case files preserved in the State Archive in Katowice, sources of law of that time and specialist literature. The article uses a historical-legal methodology.

State and Law in the Thinking of Sylwester Zawadzki (1921–1999). A Few Reflections in Connection with the Establishment of the Supreme Administrative Court in 1980

Author(s): Michał Patryk Sadłowski / Language(s): English Issue: 1/2023

This paper presents a discussion of selected issues related to the state and law in the thinking of Sylwester Zawadzki (1921–1999) a lawyer and state activist of the People’s Republic of Poland. The text includes reflections on the sources of his worldview and the course of his academic and professional career, and, most importantly, on the content of selected research and observations, of which this co-founder of the Supreme Administrative Court was the main contributor. The purposes of this paper include showing the sources of S. Zawadzki’s intellectual, scientific, and political inspirations that may have influenced and determined his commitment to the establishment of the administrative court system in the People’s Republic of Poland at the end of 1979 and beginning of 1980. There is no doubt that S. Zawadzki then played one of the key roles in the process of establishing this judicial institution in the political system of the People’s Republic of Poland. By virtue of his position and connections in the Polish United Workers’ Party (PUWP), he played perhaps the decisive role that helped break the resistance of some groups in the government, led by Prime Minister Piotr Jaroszewicz. In this regard, the paper also aims to recall the achievements of this lawyer and provide materials for further research on the biography of S. Zawadzki, as well as his teachers and colleagues. The paper is based on S. Zawadzki’s memoirs, his scholarly and journalistic publications, the publications of his teachers and colleagues, as well as selected archival materials (including those from the Archives of New Records and the Archives of the University of Warsaw).

Przekazanie sądowi powszechnemu sprawowania kontroli administracji publicznej jako odstępstwo od kognicji sądów administracyjnych na przykładzie Sądu Ochrony Konkurencji i Konsumentów

Author(s): Robert Frey,Elżbieta Małecka / Language(s): Polish Issue: 2/2023

The goal of the article is to present the historical development of the exception from the rule of the court administration review by administrative courts, which is the transference of its conducting to the Antitrust Court (currently the Court of Competition and Consumer Protection). The additional goal is to answer the question of the grounds of the transference to a popular court the jurisdiction in antitrust cases, and then in regulatory cases. Two theses were formulated by the authors. The first thesis states that the Polish antitrust court model were based on the liberalization processes. The second thesis assumes that, despite faulty solutions in the procedural area, the functioning of the jurisdiction of the Court of Competition and Consumer Protection contributed to the development of competitive economy in Poland. The authors begin their consideration with the Act from 17th March 1921. The Constitution of the Republic of Poland (the so-called March Constitution) and the Act of 3rd August 1922 on the Supreme Administrative Tribunal. In addition, they analyze the liberalization processes that took place in Poland after the changes of 1989. The second part covers the genesis of the Competition and Consumer Protection Court, the evolution of the jurisdiction of the Antimonopoly Court from 1990 to 2017 and the analysis of the issue of hybrid appeal proceedings. In this part, the authors refer to draft laws, transcripts of the sittings of the Sejm of the Republic of Poland and analyze the statistics of the case law of the Court of Competition and Consumer Protection from 1992 to 2020. The deliberation shall be based on legal regulations and scientific papers. The analysis shall focus on the proposed bills and on the related legislative process. The following methods were applied in the article: dogmatic-legal and analytic-synthetic.

Projekt ustawy o nadzwyczajnych środkach działania w interesie ochrony obywateli i państwa z 1981 r. Przyczynek do genezy stanu wojennego

Author(s): Michał Paweł Stokowski / Language(s): Polish Issue: 2/2023

On 13th December 1981, in a televised speech, General Wojciech Jaruzelski announced the imposition of the martial law after having previously received permission for its imposition from the Council of State on 12th December 1981. The authorities of the People's Republic of Poland, headed by General Wojciech Jaruzelski, drastically curtailed the daily lives of millions of Poles over the next two years on the basis of the martial law decree, in an attempt to oppose the political opposition, of which Solidarity was the epitome. The adoption of such a drastic measure against the political opposition in the literature repeatedly raises the debate whether there were no other options to enforce political peace in Poland. Many authors point out the draft law on extraordinary measures of action in the interest of the protection of citizens and the state as an alternative to the martial law decree, as the draft law in its provisions was a much more liberal and extreme piece of legislation. The contemporary text is intended to present the draft of the Emergency Powers of Government Act (the alternative name of the bill). The work is largely based on the material obtained from an archival search of files from the Institute of National Remembrance and from the files from the Archives of the Chancellery of the Prime Minister, which were transferred to the Archives of New Records in Warsaw in the course of collecting material. The research material was also obtained from Solidarity and Tribune of the People press articles, from numerous scientific publications, from transcripts and Sejm prints which are in the digital resource of the Sejm Library.

The Evolution and Legacy of the Legal Aspects of the Activities of the Rural Housewives’ Clubs in Poland

Author(s): Artur Lis / Language(s): English Issue: 2/2023

The subject of this article is the analysis of the changes and the legacy of the legal aspects of the Rural Women’s Associations. Its specific purpose is to characterise their history, the legal forms of functioning: as associations, as independent Rural Women’s Associations and the changes resulting from entering into force of the Act of November 9, 2018 on the Rural Women’s Associations. The Author of the article used the dogmatic and the historical-legal methods. The Act of 2018 on the Rural Women’s Associations introduced numerous new legal solutions. Currently, the associations cultivate traditions, contributing to the rural development. They show initiative and build a good image of their area. The implementation of many activities undertaken by the associations is possible thanks to the financing granted from the state budget. Pursuant to the Act on the Rural Women’s Associations of November 9, 2018, a separate organisational formula was created for RWAs which constitute voluntary, independent and self-governing social organisations of village residents. Based on the previously applicable law, the Rural Housewives’ Associations could be created as part of agricultural associations as their independent units. They could also function in the form of associations. The legislator has granted the legal personality to the associations, which allows them to conduct business activity on their own account and use the financial support the public funds. The Rural Women’s Associations perform an important function in the rural environment. They support the integration of local communities, cultivate local and regional customs, develop women’s entrepreneurship in rural areas, combining tradition with modernity.

Interes prawny jednostki samorządu terytorialnego w perspektywie tzw. rozporządzenia terytorialnego Rady Ministrów

Author(s): Joanna Bigos / Language(s): Polish Issue: 46 (5)/2023

The article adresses the legal interest of a unit of local government in the perspective of the so-called territorial regulation. The subjective scope of the considerations covers the municipality, poviat and self-governing voivodeship, which obliges to search for the sources of this interest in the organizational administrative law. This involves an examination of organizational norms, taking into account their construction and content specificity. The research assumption adopted leads to the conclusion that if a unit of local government is a structure or institution of organizational administrative law, then, in principle, its legal interest should be qualified in the same way and derive from the same source. The subject of consideration, however, is the special position of a unit of local government exposed to the reduction of the material substrate, and thus passive, in the context of the so-called territorial regulation. This regulation is a special legal act issued by the Council of Ministers, aiming to alter the boundaries of a unit of local government by creating, merging, dividing and abolishing, as well as determining the boundaries of municipalities and poviats, and changing the boundaries of voivodships. It is worth noting that the asymmetry in the position of units of local government, which manifests itself in this process, leads to a certain contradiction. This contradiction does not concern whether the unit of local government, whose material substrate is depleted, has a legal interest, but rather that it may not be entitled to any measures to protect its legal interest. Administrative law research methods have been applied to varying degrees in preparing the text, with the analytical-dogmatic method playing a dominant role. Source materials for writing the article include -legal acts, commentaries and court case law.

Recenze

Author(s): Jakub Kalivoda,Josef Hrdlička,Rostislav Smíšek,Ondřej Lee Stolička,Kateřina Pražáková,Václav Bůžek,Josef Grulich,Václav Černý,Ivo Cerman / Language(s): Czech Issue: 2/2023

Reviews and annotaions of: 1. Milena Lenderová (ed.), Zvířata a jejich lidé 2. Eva Semotanová – Josef Žemlička a kolektiv, Věnná města českých královen 3. Liesbeth Geevers – Harald Gustafsson (edd.), Dynasties and State Formation in Early Modern Europe 4. Liesbeth Geevers, The Spanish Habsburgs and Dynastic Rule, 1500-1700 5. Anne-Simone Rous, Geheimdiplomatie in der Frühen Neuzeit. Spione und Chiffren in Sachsen 1500-1763 6. Thomas Winkelbauer (ed.), Die Habsburgermonarchie (1526-1918) als Gegenstand der modernen Historiographie 7. Maciej Ptaszyński, Reformacja w Polsce a dziedzictwo Erazma z Rotterdamu 8. Jiří Šindelář a kolektiv, Rožmberská hrobka. Příběh hledání 9. William D. Godsey – Petr Maťa, The Habsburg Monarchy as a Fiscal-Military State. Contours and Perspectives 1648-1815 10. Daniela Tinková, Osvícenství v českých zemích I. Formování moderního státu (1740-1792)

Cooperation and interoperability between public security services and medical service in the aspect of CBRN threats in the territory of the Republic of Poland

Author(s): Marcin Krzysztof Konieczny / Language(s): English Issue: 47 (1)/2024

The article deals with the issue of cooperation and interoperability between the services responsible for public security and medical entities, including emergency medical units. The topic seems interesting due to the growing problem of threats resulting from a possible use of CBRN agents. As a general rule, toxic chemicals, pathogens of all kinds, and radioactive and nuclear substances can get out of control at random, but they can also be used deliberately – in terrorist attacks. Regardless of the cause, they pose a serious threat to life and health, as well as to the environment. The author puts forward the thesis that in the context of this type of threat, cooperation between the entities designated to save lives and health is insufficient and it absolutely requires the implementation of methods ensuring better coordination of activities. Based on the available relevant literature, the article describes the concepts of public security, health safety and threats. The aim of the study is to analyze common training, methods and systems of cooperation between services responsible for public security, in particular the principles of notifying and informing about threats related to the possible use of CBRN, particularly in terms of preventing such threats, responding to them, counteracting and taking relevant protective measures. The article addresses the issue of the duties, scope of responsibility and competences of individual formations in the light of legal regulations in force. It also addresses the unresolved issue of insufficient coordination and the deficit in the area of rapid information exchange. The study indicates solutions and recommendations that could fill this gap for the benefit of public security and state authorities. The research method adopted for the purposes of this study is the analysis of the relevant literature.

On the legal issues of proceedings concerning the provision of cash benefits from social assistance. Part 2

Author(s): Sylwia Łakoma / Language(s): Polish Issue: 47 (1)/2024

The aim of this study is to shed light on legal issues of proceedings in the case of granting cash benefits under social assistance in the aspect of one of the negative obligatory premises, i.e. lack of consent for a family interview (Article 107(4a) of the Social Assistance Act). This study is part two of an article whose part one focused on selected optional negative premises. The interview referred to above, carried out in particular with persons (families) applying for social assistance support, is intended to detail comprehensively the applicant’s situation, taking into account all circumstances of the case that may affect the right to a specific cash benefit. Given this, a refusal to take part in such interview, and thus making it impossible to establish facts relating to the applicant’s situation, forces a refusal to grant a cash benefit. This article intends, inter alia, to approximate the understanding of the meaning of the phrase “lack of consent”, which belongs to the category of undefined concepts. The article attempts to answer the question of whether relevant legal measures stipulated in the Social Assistance Act are sufficiently precise and clearly formulated to facilitate and, as a result, enable social assistance authorities to make decisions on the granting of cash benefits from social assistance, and if not, whether judicial decisions of administrative courts may be helpful here. This study is based on an analysis of the provisions of the Social Assistance Act, views of legal scholars and commentators and judicial decisions of administrative courts. The provisions of the quoted legal act – given the premise in question – do not seem to be formulated clearly and precisely enough (similar to what is the case of optional negative premises) to facilitate social assistance bodies in issuing decisions in cases of granting cash benefits from social assistance. This is due to the legislator’s failure to specify the phrase cited. For purely objective reasons, it does not seem entirely possible, which does not change the fact that in practice it leads to many doubts in interpretation. Some help in determining its meaning may be provided by judicial decisions of administrative courts.

Ulga na dzieci – analiza konstrukcji prawnej oraz przegląd orzecznictwa sądowego

Author(s): Paweł Mańczyk,Dominika Wróblewska / Language(s): Polish Issue: 47 (1)/2024

The child tax credit is a tax relief under the Polish Personal Income Tax system. The purpose of this paper is to present this tax preference. Authors try to reach this objective by a detailed analysis of relevant legal provisions and jurisprudence. The main thesis of the article is that the child tax credit could have a positive impact on the birth rate in Poland provided that certain changes are introduced. In our conclusions we identify four shortcomings of the child tax credit:1) the child tax credit is available only for taxpayers who pay PIT on general terms; 2) the child tax credit for only one child depends on the income criterion which has not been indexed since 2013; 3) the value of the child tax credit is negligible and its amount has not changed since 2015; 4) taxpayers who care for unrelated, disabled and adult persons do not have the right to the child tax credit because of the tax authorities’ narrow understanding of the maintenance obligation. Authors formulate proposals for solutions of the said shortcomings. An analysis of legal acts, relevant literature and court decisions is the primary research method employed in this paper.

Wjazd i pobyt Ukraińców w Unii Europejskiej w obliczu konfliktu zbrojnego od lutego 2022 roku – aspekty prawne ze szczególnym uwzględnieniem przypadku Polski

Author(s): Agata Szwed / Language(s): Polish Issue: 47 (1)/2024

The aim of this article is to present international law regulations (including EU laws) on Ukrainians’ entry to and stay in Poland in the face of the outbreak of the armed conflict in Ukraine on 20 February 2022. The analysis covers acts of international law, with a particular focus on acts of EU law which are relevant to Ukraine’s situation today and its consequences for Poland. De lege lata and de lege ferenda conclusions are drawn that will ensure even more effective protection of persons who flee the armed conflict currently going on in Ukraine and who seek protection in Poland. The methodology applied in the research coverds two basic methods typical to law studies - an analysis of the law in force and legal comparison, also aided by the statistical method.

Profesor Agnieszka Choduń 1971–2023

Author(s): Karolina Gmerek / Language(s): Polish Issue: 47 (1)/2024

LEGAL STATUS AND PECULIARITIES OF TAXATION OF E-RESIDENTS IN UKRAINE

Author(s): Iryna PROTSENKO / Language(s): English Issue: 1/2023

Even in times of war, Ukraine is introducing new, unconventional ways of doing business. The article will deal with one of them, namely doing business in Ukraine without the physical presence of the entrepreneur, i. e. by a socalled e-resident. The Ukrainian government expects to attract a wider range of foreign entrepreneurs in this way. First of all, foreign IT-specialists may act in this capacity. Certainly, such a way of doing business is best suited to such crisis stages in the state’s history as an armed conflict or a pandemic. The legal regulation of the status and peculiarities of taxation of e-residents appeared in Ukrainian legislation only at the end of 2022, so the practice of its application is small and certainly may cause some problems, for example in the area of double taxation. However, the results of the study of the specifics of legal regulation of these aspects in Ukraine may provide a basis for understanding new approaches that can be used for the international organisation of work of small entrepreneurs, who are the most affected by economic crises.