Religia i religijność Polaków w obserwacjach francuskich podróżników w Rzeczypospolitej XVII wieku

Author(s): Agnieszka Michalczuk / Language(s): Polish Issue: 10/2016

In the 17th century, the Polish-Lithuanian Commonwealth became a country that French peopleliked to visit. Many of them left descriptions of the country which was different to their own incertain aspects. One of these aspects was Polish people’s religiousness and their attitude to nonCatholic religions. They were surprised at tolerance for people of another faith among the nobilityand at the royal court, the co-existence of churches of different denominations and the lack of mutual aggression. On the other hand, they could see Polish people’s attachment to tradition and theiroriginal rites, at the same time pointing out their excessive demonstration of religious feelings,sometimes even bordering sanctimoniousness.

Religia a polityka w świetle teorii mimetycznej

Author(s): Adam Romejko / Language(s): Polish Issue: 10/2016

René Girard, the French-American literary critic and anthropologist, gives us the mimetic theory,which turns out to be an interesting tool for the interpretation of human relationships. It is basedon the analysis of works of the world literature, including myths and the Bible. As a part of human nature mimesis leads to a conflict and at the same time it saves through a scapegoat. This isreflected in religious rituals, which are the first human institutions leading directly to a politicalinstitution – to the monarchy. The reality of the victim is firmly anchored in human culture, including the contemporary, despite the fact that it does not see this. This applies to all circles ofcivilization, including the West.

O pinhasu

Author(s): Predrag Finci / Language(s): Bosnian Issue: 10/2016

The text presents a story about Pinkas, the record of Jewish Community, confiscated duringSecond World War by the Nazis. History of Sarajevo’s and Bosnian Jewish Community is coveredin Pinkas. The author makes use of existing documents and literature reconstruction of Bosnianhistory and Sarajevo’s Pinkas itself.

Identitet Hrvata i hrvatske države u govorima i porukama pape Ivana Pavla II

Author(s): Božo Skoko / Language(s): Croatian Issue: 10/2016

Starting from the concept of “external branding” of states and nations, the paper analyses thespeeches and messages of Pope John Paul II dedicated to Croats and the Croatian state, spokenand published during his pontificate (1978–2005), in order to uncover how he perceived andpresented the Croatian identity. The author believes that Pope John Paul II, thanks to his charismaand significant public impact, as well as extensive knowledge of the Croatian identity, contributedgreatly to strengthening the recognisability of Croats in the global public and to promote theirvalues, interests and aspirations.

Głos protestanta w kwestii relacji państwo – Kościół

Author(s): Artur Stęplewski / Language(s): Polish Issue: 10/2016

Bosna i Hercegovina u kontekstu aktualnih trendova na relaciji država – religija – pojedinac

Author(s): Marinko Zekić / Language(s): Bosnian Issue: 10/2016

Kompetencja gramatyczna w nauczaniu języka słowackiego jako obcego

Author(s): Sylwia Sojda / Language(s): Polish Issue: 10/2016

Śladami wspólnoty wyobrażonej

Author(s): Elżbieta Winiecka / Language(s): Polish Issue: 10/2016

Uroda i mądrość konstrukcji binarnej

Author(s): Bogusław Zieliński / Language(s): Polish Issue: 10/2016

Четвърт век българистика в университета Адам Мицкевич в Познан

Author(s): Bogusław Zieliński / Language(s): Bulgarian Issue: 10/2016

General Description of Trading on the Capital Market

Author(s): Rafał Blicharz / Language(s): English Issue: 8/2016

The article is dedicated to the general principles of trading on the Polish capital market. The author focuses on the relevant legal acts, indicating the subject matter of each law. Next the article shows the whole procedure of listing a company and admitting it into official trading in general. The procedure begins with a whole series of actions and decisions of the company, which can be divided into internal and external steps. The article gives a brief description of these decisions and actions.

Personal Data Protection for Sole Traders

Author(s): Anna Hołda-Wydrzyńska / Language(s): English Issue: 8/2016

Personal data protection for natural persons is a very interesting issue, both in terms of its legal nature and from a practical point of view, as data sharing and data processing concerns every business. There have been many doubts since the Act on Personal Data Protection of 29 August 1997 was applied. This article summarises opinions expressed in the doctrine of law, jurisprudence and the Chief Inspector for Personal Data practice.

The Protection of Adults in Private International Law

Author(s): Anna Juryk / Language(s): English Issue: 8/2016

The article concerns the protection of adults in private international law. It is about the need to protect adults who require help the most, because of illness or an inability to self-expression of will or decisions with legal effect, both in relation to persons and property. The need for the protection is justified by the serious demographic changes. Today's demographic structure of society in Europe indicates rapidly progressing aging processes. Also, in the age of globalization, persons with intellectual or physical disabilities, as well as the elderly, are increasingly moving beyond the borders of their native countries. In cross-border cases, it is necessary to determine the court jurisdiction, the applicable law and the effectiveness of foreign judgments on the territory of Poland. The mutual cooperation of states for the protection of adults is also of great importance. The article presents the applicable legal regulations in Poland.

The Problem with Criminalising Irregular Migration and the Effectiveness of the Return Policy in Light of the CJEU’s Ruling in Case C 38/14

Author(s): Anna Magdalena Kosińska / Language(s): English Issue: 8/2016

The aim of this paper is to analyse the Court of Justice judgement in the case Subdelegación del Gobierno en Gipuzkoa - Extranjería v Samir Zaizoune (23.05.2015) where the CJEU has recognised the incompatibility of the provisions of Spanish law that allowed a fine to be imposed on a third-country national illegally residing in Spain without issuing a return decision with the provisions of Directive 2008/115/EC. The analysed ruling touches upon a very sensitive issue of criminalising irregular migration. The article analyses the problem at a national level and at the level of implementing European Union law in light of the case law of the Court of Justice.

Legal Aspects of the Exploration of Mars and the Exploitation of Its Resources

Author(s): Marek Mikuła / Language(s): English Issue: 8/2016

From the very beginning, the main direction of space exploration has been the planet Mars. This is mainly due to the fact that the Red Planet has many similarities to our Earth, in particular the existence of an atmosphere, the lack of extreme temperatures, the presence of minerals and the potential existence of liquid water. Mars should not be an area of international disorder. All the activities of the states involved and their dedicated space agencies must take place within the framework set out by international law. This article is a summary of the views concerning the legal status of Mars and the possible actions of states in reference to this planet. The main problem areas in international law will include issues of economic exploitation of the natural resources of the Red Planet, the establishment of a quasi-international institution managing these resources, confirmation of the legal status of Mars as an area that is not subject to the sovereignty of any particular state, international responsibility for activities in this area, as well as attempts to implement the existing legal systems (analogies) to regulate Mars’s legal status. The analysis of these issues is primarily based on the applicable sources of international law and the recently presented opinions of doctrine of international law, in particular the space law regulations and maritime law. The article is also an attempt to create a summary of legal regulations concerning questions related to the ownership and property rights over the parts of outer space, such as Mars, while presenting for and against arguments shown in the doctrine of international law. The answer to this is an important solution to potential issues of concern once the exploration of the Red Planet becomes feasible, and is an attempt to negate any appropriation activities over the surface of Mars by selected states, or to establish a monopoly on the exploitation of natural resources.

The Decision in Mike Campbell v. The Republic of Zimbabwe: A Functional Paralysis of the SADC Tribunal

Author(s): Michael C. Ogwezzy / Language(s): English Issue: 8/2016

The South African Development Community (SADC) Tribunal is one of the supposed supranational legal institutions in Africa that would have contributed greatly to the development of human rights and the resolution of inter-country disputes within the South African Sub-continent, but for the decision in Campbell’s case. Campbell approached the SADC Tribunal in October 2007, challenging Zimbabwe’s acquisition of land for reforms, and seeking an interim interdict from the Tribunal. An order restraining Zimbabwe and in favour of the applicants was granted in December 2007. As a result of the final decision in this case, the Tribunal was suspended and eventually dissolved by the Southern African Development Community Summit of Heads of State and Government in August, 2010 and 2012 respectively. This paper examines the issues surrounding the establishment of the Tribunal, the supranational status of the Tribunal, the appointment and independence of the Tribunal members or judges, the present paralysis being suffered by the Tribunal as a result of disbanding the Tribunal members, Preliminary Issues considered before the Decision in Mike Campbell’s Case, the aftermath of the decision in Mike Campbell’s Case resulting in the paralysis of the Tribunal, and thereafter this paper will conclude by making positive recommendations that will lead to the possible revival of the Tribunal to enable it perform its responsibility in accordance with its mandates under the SADC Treaty.

Codification of Czech Private International Law: Methodology and Concept

Author(s): Naděžda Rozehnalová / Language(s): English Issue: 8/2016

The new Czech Act on Private International Law, adopted under No 91/2012 Coll., entered into force on 1 January 2014. Contrary to the old Act on Private International Law (Act No 97/1963 Coll.), the new law regulates many general issues of private international law that were not covered by the former act. For example, the new PILA Act contains express provisions on overriding mandatory rules, preliminary question, qualification, procedural treatment of foreign applicable law etc. Obviously, the application of the new PILA Act is limited by the European (EU) legislation and international conventions. This paper is focused on the analysis of the methodology and the general approach to conflict-of-law rules as rules determining the applicable law. The paper also clarifies the procedural treatment of the applicable law and the application of the overriding mandatory rules under the new PILA.

The Linguistic Regime of the European Union in the Context of International Law

Author(s): Aneta Skorupa-Wulczyńska / Language(s): English Issue: 8/2016

This paper examines the linguistic regime of the European Union in the light of international law. The paper contends that although the EU language system is independent and well regulated, international agreements affect it as they are an intrinsic part of the EU legal order once they are concluded by the EU. First, the paper describes the linguistic regime of the EU, its legal basis and the status of the EU languages. Second, it analyses three key aspects of international law, which affect the EU linguistic regime, i.e. selection of languages for the purposes of concluding international agreements, authenticity of texts and interpretation of multilingual law by the Court of Justice of the European Union. Finally, the paper concludes that the international linguistic affects the EU language system in terms of authentic languages, legal terms and their definitions.

Materials: The Madad Fund – the European Union Trust Fund in response to the Syrian crisis

Author(s): Adriana Kalicka-Mikołajczyk / Language(s): English Issue: 8/2016

On the basis of Article 187 of Regulation No 966/2012 of the European Parliament and the Council on the financial rules applicable to the general budget of the Union, for emergency and post-emergency or thematic actions, the European Commission may create trust funds under a constitutive agreement concluded with other donors, which will define the specific objectives and rules applying to its management and governance. On 15 December 2014, the European Commission and Italy signed a constitutive agreement to launch the first ever the European Union regional Trust Fund as a new strategic financing instrument to mobilise more aid in response to the Syrian crisis, with the main objective to support refugees and host communities in Syria's neighbouring countries and their administrations, in particular as regards resilience and early recovery. The main objective of this paper is to present the main objectives, rules and scope of application of this Fund, and to attempt to assess its effectiveness in practice.

Reports: 2016 Philip C. Jessup International Law Moot Court Competition (The competition report, Warsaw, Poland)

Author(s): Aneta Chorągwicka,Dominika Iwan-Sojka,Anna Muś,Kamil Plewnia,Magdalena Serocka,Ilona Topa / Language(s): English Issue: 8/2016