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The paper presents the new law establishing free of charge legal advice system in Poland. The author looks at the crucial aspects of the regulation, including criteria to receive free legal advice, institutions authorized to provide legal advice, its financing, scope and subject. The author also discusses the challanges related to the operation of the legal advice system and points out some gaps that need to be addressed.
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The author points to the fact that the clerical law literature (created by both, the labour law experts as well as those specializing in the administrative law) lacks any well-organized thoughts about the principles of this area of law. Neither are any catalogues of principles prepared as in case of e.g. the labour law. There, in the Labour code, the legislator quoted the catalogue of basic principles, supplemented with the “ordinary rules” of science and judicature (parts I and III). The author presents the achievements of the theory of law and of the legal science referring to expression of the principles (part III), considering it substantial when evaluating principles of the clerical law. An attempt has been made to reconstruct such principles: constitutional (contained by the Constitution as well as those formulated by basic pragmatic assumptions of the clerical law). The author emphasizes some legal regulations of the acts regarding employees of the state administration, the civil service and the territorial government workers. These have been included in the subsequent chapters of the study (parts IV–V). Relations of such principles to other legal regulations, i.e. the administrative law, general rules of the code of administrative proceedings, provisions of the labour law: its sections and institutions, have been included in the general remarks and research demands in the final part of the study. Relations between the “civil service principles” and the civil service ethics have also been pinpointed.
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The article studies the impact of the Labour code on regulations concerning the employment of civil servants. The employment in civil service, based on the Act of 1922 (in force until the end of 1974), had a public law character. Disputes involving civil servant were settled in accordance with the administrative procedure. The acts of law concerning civil service adopted in the post-war Poland took over many legal institutions from the 1922 act (e.g. suspension in duties, stability of employment, disciplinary responsibility), however treated them as contractual in character rather than public. Under the influence of the Labour code, the status of civil servants gradually become similar to the common status of contract-based employees. This also concerned the disputes, which were referred to the jurisdiction of labour courts. Some components of the status retained their public law character. In such cases, the administrative court is competent.
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The article deals with legal and social aspects of civil law based employment schemes in labour market programs financed from public sources. Traditional programs of unemployed activation, such as public works, or intervention works, using labour contracts as basis of participants employment have been replaced in Poland by civil employment schemes, such as employment for practice. The article undertakes analysis of both causes and consequences of this phenomenon, many of them negatively assessed. The negative assessment applies to first of all to promotion of civil employment schemes and preservation of improper attitude to labour law of labour market actors.
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The April Constitution of Poland passed on 23 April 1935 limited the powers of the Sejm and Senate while strengthening the authority of the President of Poland. Thereby it was necessary to introduce new rules to electoral law consistent with the new Constitution. The Electoral Law in relation to Elections to the Sejm and the Senate of 8 July 1935 conducted many new regulations. The elections to the Sejm took place in 104 districts, each with 2 seats in the Sejm. Candidates for elections were entitled to stand for election by the Districts Assemblies, not by the political parties. The elections to Senate were indirect, 64 senators were elected by Voivodeships Assemblies, and 32 received seat from the President of Poland. Suffrage in these elections had only the citizens with higher education or with merits for country, or with the citizens’ confidence, at least 30-year-old. In this way the Sanacja party wanted to achieve domination in the Sejm and Senate and to remove opposition parties from the Parliament. These plans were accomplished, although the elections were boycotted by a significant part of citizens. The criticism of Electoral Law of 1935 was widespread, also the Sanacja’s politicians knew about disadvantages of this Law, however there were no changes in the election system in Poland until the beginning of World War II.
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The purpose of this article is to analyze legal guarantees of freedom of expression provided for in The International Covenant on Civil and Political Rights (ICCPR) from the perspective of The U.N. Human Rights Committee’s (HRC) General Comments No. 34. The study is focused mainly on the HRC’s interpretations concerning regulations of the article 19 of ICCPR, which consists general direct provisions of this freedom and its general indirect limitations, and also the HRC’s comments on the article 20 of ICCPR, which is related to different forms of hate speech. Firstly, the analysis shows HRC’s general description of elements of freedom of expression, i.e. the right to hold opinions and freedom to seek, receive and impart information and ideas, but also of the principle of rights and freedoms limitations’ proportionality. It also concerns HRC’s comments on the specific forms and contexts of freedom of expression, mainly about freedom of press and media, crimes of defamation, public insult of head of state and constitutional authorities or public officials and also crimes of religious offence and some forms of hate speech. Moreover, there was indicated HRC’s stand on the matter of imprisonment penalty as a legal sanction for misuse of freedom of expression.
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The article presents the process of the nationalizing of the notarial services in the first years after the Second World War in Poland. In this period the civil law, the criminal law, organization of justice and every legal institution has been changed because of social and economic conversions. After warfare, structure and system rules of the public notaries was still regulated by the notary law act of 27th October 1933 year on the Notary Law. In the first sequence the notaries have concentrated on restitution functioning of the notarial offices and the notarial houses and also they have made efforts to recover the public notaries. The important changes have stepped in functioning of the public notaries in 1946. Then three decrees were enacted completely, which have changed the notary law, but the act of 1933 on the Notary Law has not been amended. On 17th of July, 1946 the Minister of Justice issued regulation – the Temporary Instruction regarding reorganization of the notaries to determine the practice of using those three decrees. The notaries estimated negatively the Temporary Instruction. They underlined that provision of the Temporary Instruction underlines functioning of the public notaries. Under the influence of the public notaries Minister of Justice repealed the Temporary Instruction regarding reorganization of the notaries in 28th of October 1947. After having achieved success on the way of normalization of the functioning of the post-war public notaries, in the second half of 1948 the situation considerably changed because of political problems. The public notaries put forward numerous proposals to keep the basic rules of the notary law from 1933 and to avoid the nationalizing of the public notary, for example the notary teamwork, they have not found apprehension in the department of justice. The position of the authority regarding the reform of the public notary, its organization, and its function was stated in the new notary law – the act of 25th May, 1951, which rejected the basic rules of structure of the public notary from the interwar period and was based on the new principles, patterned upon the Soviet legislation. The fundamental assumption of the new regulation was the rule that the public notary is state authority, which is acting by the public notary offices under control of the Minister of Justice and his organs. The return to the Polish tradition of the Instruction took place after several years, in 1991, due to the act on the Notary Law of 14th February, 1991.
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The problem what to do with the old law in new political circumstances in the 20th century in Poland – during the period of less than 75 years – occurred three times. These milestones were: gaining the independence after World War I, implementing Communist system after World War II and regaining independence after 1989. This text refers to changes in penal and civil law between years 1944 and 1964 – after taking power by Communists.In 1944, because of tactical reasons, Communists pretended that they preserved the continuity of legal system. They treated this problem instrumentally. In practice, they rejected regulations which were incompatible with the rules of new system. They claimed that legal regulations issued before 1939 were still in power, but, on the other hand, they demanded that “new class consistence” should be put into old legal norm. Because of that, new interpretation of old law played important role in the transformation of legal system. It was clearly seen in the jurisdiction of Supreme Court. After ten years of Communist power the legal system was completely different from the pre–war one, although formally old codes and other regulations still existed.Simultaneously, works on codifying civil law and recodifying penal law were held.They were ended in the 60’s.
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After World War II Polish law was based on law of the USSR. Family law played important role in the reception of Soviet law, because it was the first example of applying Soviet rules. According to Soviet doctrine and legislation, family law was treated as an independent branch of law, separated from civil law. The construction of private law was rejected. The process of adapting Soviet rules started in 1949, when Polish and Czechoslovak lawyers were working together on draft of Family Code. No one of important Polish lawyers supported the idea of separation of family law from civil law at the beginning of works. Later they were forced to change their views and some of them (especially Seweryn Szer) supported the idea of separation of family law strongly. In the late 50’s the discussion about localization of family law was very emotional and open. It was the result of changing political situation (fall of the Stalinism). However, there was no political consent to prepare one civil code and that’s why two codes were passed in 1964: Family and Guardianship Code and Civil Code. The reception of Soviet rules in Polish family law was superficial. According to the prevailing opinion, the existence of separate Family code did not create independent branch of law and family law was regarded as a part of civil law. The supporters of the idea of separation were not able to construct the convincing theory about it. Present attempts to retain separated family code have no historical justification.
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It is commonly known that family law in each country is based on tradition, culture, religion and that it reflects the society in each country. It is certain that anywhere in the world family law cannot be changed, so as to say, over night and at all costs, and even less so by the experimental institutions. However, after the second world war, due to works of Czechoslovak-Polish Commission, a lot of changes occurred in Czech Family Law. Some of them were positive, some negative: Czech family law was designed according to the Soviet model. Of course, the key changes in the Czech legal order – and in family law – have already occurred and had to occur immediately after the year of 1989, especially in the light of human rights standards in Europe. Despite radical changes in the countries of the disintegrated Soviet Union and countries of its political influence, the Czech lawmakers have been hesitating from day to day with recodification of family law within new Civil Code. The result of the development after the year 1989 is a bleak provisional situation. At present family law is included in the draft of Civil Code, which is now discussed in the parliament. The Czech family law is returning to European legal tradition.
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This article tries to explain the peregrinatio academica of the students of Civil and Canon Law of the Crown of Aragon to the Universities of Italy during the 15th and the 16th centuries. Some details concerning the success of some universities like Bologna, Padova or Pavia, in general, or Pisa or Ferrara, in particular, are explained. The cultural and political relationship among the Kingdoms of Aragon, Mallorca, Valencia and the Principate of Catelonia and the different states of Italy helps to understand the introduction of the culture of mos italicus in the universities and the courts of the Crown of Aragon during their modernity.
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The article presents the legal regulations on the principles of the presence of women in the Polish-Lithuanian army in the sixteenth and seventeenth centuries. Jan Tarnowski, at the end of the first half of the sixteenth century, introduced the first significant limitations on this issue. According to military law the only women that could exist in the army were the wives of soldiers and persons accompanying the troops (e.g. merchants, servants and the like). The soldiers were not satisfied with this arrangement and began to exploit loopholes for their own purposes. Firstly, marriages were concluded to make prostitution possible. Secondly, in many cases, soldiers declared a concubine or sexual slave to be their lawful wife. During the latter half of the sixteenth century and first half of the seventeenth century, lawmakers endeavoured to refine the rules. As a result (despite the difficulties involved and with the help of military law) during that period the Polish-Lithuanian army had only a small percentage of women present, especially when compared to Western armies. During periods of war there was a significant departure from the legal rules. Then the soldiers treated captured women as spoils of war. Some of the women became “military wives”, others were simply used as sex slaves.
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Polish family law, as a part of civil law, has been unified in 1945–46. The old law, coming from the period of Polish partitions, has been replaced by the decrees, based on drafts prepared by the Codification Committee before WW II. The decree Family Law from 1946 regulated the legal relations coming from consanguinity. One of the most important problems to be solved by the legislator was the status of children born out of wedlock. The article presents the drafts and the discussion about improving the legal status of this category of children. The decree finally improved their position, although it did not eliminate legal distinction of the two groups of children. The legal status of children born out of wedlock was a little worse than those coming from marriage, but the difference was not big. The decree gave an opportunity to provide the children with legitimacy in many cases. The differences in the legal status of children were finally eliminated in Poland in 1950, by enactment of the Family Code.
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Outsourcing and outstaffing are the ways ways to optimize the activities of doing business. Outsourcing is a form of inter-firm cooperation and involves concentrating efforts on the functions and activities that are field-specific to the business and transferring incidental functions and activities to specialized legal entities - outsourcers. In the paper the historical and legal aspects of the formation and development of outsourcing and outstaffing in the world practice are considered, the types and forms of outsourcing used in practice are distinguished. In turn, “outstaffing” means also that the company employees are taken outside the company staff. When outstaffing, a staff enters into employment contracts not with a company that is not the actual employer, but with an intermediary organization or an outstaffer. Particular attention is drawn to the competitive advantages of implementing these business technologies, their inherent advantages and disadvantages. The article analyses the legal nature, the constitutive signs of outsourcing and outstaffing contracts that are not named in the current legislation of Latvia, determines their place in the contractual law system, gives their legal and typological characteristics, discloses the content of obligations arising on the basis of these contracts, analyses the differences between these contracts and outsourced employment and recruiting.
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Granting asylum is the competence of every sovereign state. However, members of the European Union have the right to transfer a part of their own powers to the EU, which is reflected in primary legal acts. Nevertheless, granting asylum is not an exclusive right of the EU, but rather a competence shared with all Member States. The EU’s area of freedom, security and justice has been regulated within the framework of the European Union non-exclusive competences, including a com¬mon policy in the field of asylum. As part of their remit, the EU authorities issue acts of secondary legislation regarding the institution of asylum, while the Court of Justice of the European Union outlines national practice in case of interpretative difficulties concerning primary and secondary legislation. Finally, the ever-chang¬ing social and migration situation, as well as newly emerging secondary legal acts, have caused a rupture in the common asylum policy of EU Member States.
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Политика по отношению к исламу в Российской империи, в общем, и Казахской степи,1 в частности, получила неоднозначную трактовку в исследованиях. Одни ученые считают, что мусульмане воспринимали имперское государство как «потенциального инструмента воли Бога (Ал- лаха), верховного арбитра законности и границ соблюдения «ортодок- сального» ислама».2 Другие указывают на противоречия в отношениях между мусульманами и империей и, как следствие, отмечается отсутствие какой-либо единообразной политики. Пол Верт, например, подчерки- вает, что государство могло одновременно расширять мультиконфес- сиональное учреждение («Russia’s multiconfessional establishment») на Южном Кавказе (создание муфтиата для шиитов и суннитов в 1872 г.) и ограничивать его юрисдикцию в Казахской степи.3 В свою очередь Муста- фа Тюна проанализировал изменения в жизни мусульманских сообществ Волго-Уральского региона не столько через призму имперской политики, а сколько через возможности мусульман действовать в рамках собствен- ного метафорического пространства («domain» — «область, владение»).
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Acquiring citizenship in the country of resettlement is the ultimate step on the integration pathway of a resettled person. For people from countries of the former Soviet Union (fSU), we can see a great variety in patterns of citizenship acquisition and changes in migration policy governing the granting of citizenship. Russia is the main player in this field. As a descendant of the fSU, the country uses its right to determine whether or not to grant its citizenship to people in the new independent countries as a way of maintaining its influence on the post-Soviet and even the former Russian Empire regions. Russian citizenship was granted to m 8.6 million people between 1992 and 2016 (excluding the Crimean population), more than 92 percent of whom were from the fSU. Russia employs a range of different policies, starting with its compatriot policy for individual resettlement; then comes its not formally declared policy of issuing Russian passports for the population of non-recognised states (such as Transdnestria) and finally there is Russia’s policy of automatically granted citizenship for 2 million Crimean people. This paper explores the phenomenon of Russian citizenship policy and compares it with European or Eurasian policy governing fSU countries. It also discusses the implementation of this policy at both regional and global levels.
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The conditions for marriage under the prewar law in Vojvodina were numerous and more complex than in our contemporary law. In the prevailing part of Vojvodina in that time there was in effect the Hungarian Family Law Act from 1894 by which civil marriage was introduced and religious differences were abolished as a marriage impediment. Religious form of marriage was still in effect in Srem and in those parts of Vojvodina which were before unification under Austrian jurisdiction (Military Border). Cohabitation was not recognized and had no family law effects. Legal status of the children born out of wedlock was much worse than the legal status of the children born in wedlock. Discrimination on the ground of sex was a rule, not only in the law of Vojvodina, but also in other parts of The Kingdom of Yugoslavia. For example, women could get married only with the dispensation of the minister of justice, at the age of 16, while men could get married at 18. Woman was subordinate to her husband and could legally represent only her children born out of wedlock. She could exceptionally be the legal representative of her children born in wedlock.
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